The Economic and Financial Crimes Commission (EFCC) has asked the Federal Capital Territory High Court in Maitama, Abuja, to dismiss the no-case submission filed by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, in his ongoing alleged $6.23 million fraud trial.
The anti-graft agency made the application on Tuesday before Justice Hamza Mu’azu, arguing that it had presented sufficient evidence establishing a prima facie case against the former apex bank chief.
Emefiele is facing a 20-count amended charge bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy and obtaining money by false pretence. The charges include allegations linked to the withdrawal of $6.23 million and the conferment of corrupt advantages in the award of CBN contracts.
Arguing for the prosecution, Director of Public Prosecution of the Federation, Rotimi Oyedepo (SAN), told the court that a no-case submission is intended solely to determine whether the prosecution has established a prima facie case and not whether the defendant is guilty.
Oyedepo maintained that requiring Emefiele to open his defence would merely provide him with an opportunity to respond to issues raised by the prosecution’s evidence.
On the contract-related allegations, the prosecution argued that documentary exhibits bearing Emefiele’s approval signatures and corporate records linked him to companies allegedly associated with his wife and brother-in-law, including Architekon Nigeria Limited.
The EFCC further submitted that contracts valued between $6 million and $10 million were allegedly awarded without passing through the CBN’s Major Contracts Tender Board as required under the Public Procurement Act, 2007.
According to the prosecution, contracts exceeding $1 million must first be considered by the board before recommendations are forwarded to the CBN Governor for approval.
Oyedepo argued that bypassing the board denied the procurement process the necessary scrutiny, including checks designed to establish whether CBN staff had interests in bidding companies.
Citing the testimony of a prosecution witness from the CBN procurement department, the EFCC alleged that at least three firms submitted bids for each contract but officials were directed to favour a company linked to Emefiele’s associates.
The prosecution also claimed the company was allegedly provided with the bank’s internal pricing information and subsequently quoted identical figures, thereby disadvantaging competing bidders.
“The ingredient of the offence is the unfairness of the process,” Oyedepo argued.
The EFCC maintained that its case was not weakened by claims that the contracts had been executed or that no funds were traced directly to Emefiele, insisting that the alleged compromise of due process in the award of contracts remained central to the charges.
According to the prosecution, the company in question had existed for years without securing similar contracts but allegedly obtained all 45 contracts under review after Emefiele assumed office as CBN Governor.
