The Economic and Financial Crimes Commission, EFCC, has asked the Federal Capital Territory, FCT High Court sitting in Maitama, Abuja, to dismiss the no-case submission filed by former Central Bank of Nigeria Governor, Godwin Emefiele.

The EFCC insisted that its evidence has established a prima facie case requiring Emefiele to enter his defence.

Emefiele is facing an amended 20-count charge bordering on criminal breach of trust, forgery, abuse of office, conspiracy and obtaining money by false pretence, including allegations relating to the withdrawal of $6.23 million and conferment of corrupt advantage in award of CBN contracts.

Prosecution counsel and Director, Public Prosecution of the Federation, Rotimi Oyedepo, SAN, told the court that a no-case submission is not about proving guilt or evaluating witness credibility, but whether a prima facie case exists.

He said asking Emefiele to open defence is not asking him to prove innocence, but to answer issues raised by prosecution evidence.

On the $6.23 million, Oyedepo said the money was withdrawn from CBN between February and June before Emefiele’s removal, purportedly on the strength of letters attributed to former President Muhammadu Buhari and former SGF Boss Mustapha, which witnesses including Mustapha and a forensic analyst testified were forged.

On contract counts (1-14), Oyedepo said Emefiele as a public officer used his position to confer corrupt advantage on companies linked to his wife and brother-in-law, including Architekon Nigeria Limited, and April 1616 Nigeria Limited linked to associate Sa’adatu Ramalan Yaro.

He argued the contracts above N10 million threshold bypassed CBN Tenders Board Committee and April 1616 was guided with CBN in-house prices, denying other contractors fair chance.

“That is not an honest mistake, that is an unfair advantage,” Oyedepo submitted.

Defence counsel, Mathew Burkaa, SAN, however urged the court to discharge and acquit Emefiele, arguing prosecution failed to prove essential ingredients. He said no witness said Emefiele personally benefited or manipulated the Tenders Board, only that he issued approvals as head of the bank, and that the companies executed the contracts and submitted lowest bids.

On forgery counts (15-20), Burkaa said charges were introduced after trial began, and that both Mustapha and Emefiele had claimed their signatures were forged, and EFCC ought to have investigated Buhari and Mustapha.

Justice Hamza Mu’azu reserved ruling, saying date for ruling on the no-case submission would be communicated to parties.

CREDIT: EFCC