A prosecution witness in the ongoing trial of former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has told an Abuja High Court that investigations did not reveal any evidence that the former apex bank chief benefited from the alleged $6.2 million fraud.
The witness, Commissioner of Police Okpoziakpo Eloho, made the disclosure on Thursday while testifying as the 14th prosecution witness during cross-examination by Emefiele’s counsel, Mr Matthew Burkaa (SAN).
The Economic and Financial Crimes Commission (EFCC) is prosecuting Emefiele on charges bordering on criminal breach of trust, conspiracy, abuse of office, forgery, obtaining money by false pretence and conferring corrupt advantages while serving as CBN governor.
The anti-graft agency specifically alleged that Emefiele unlawfully granted benefits to two firms, April 1616 Nigeria Limited and Architekon Nigeria Limited.
The former CBN governor has pleaded not guilty to all the charges.
While giving evidence, CP Eloho, who headed the police investigation into the allegations, informed the court that Emefiele denied authorising the release of the $6.2 million or approving payment of the funds to anyone.
According to the witness, the defendant also denied receiving or acting upon any correspondence purportedly sent by the former Secretary to the Government of the Federation, Boss Mustapha.
Responding to questions from the defence, Eloho confirmed that one Jibril Abubakar appeared before the investigative panel and admitted collecting the $6.2 million from the Abuja branch of the Central Bank of Nigeria.
However, the witness stated that none of the individuals interviewed during the investigation implicated Emefiele as a beneficiary of the money.
He further explained that although Abubakar claimed to be an employee of the Office of the Secretary to the Government of the Federation, investigations established that he had never worked in the SGF’s office.
The witness also said he was unaware whether Abubakar had subsequently been prosecuted despite admitting to collecting the money.
CP Eloho equally informed the court that another individual, Bashirudeen Maishanu, identified as a CBN staff member, was interrogated during the investigation and allegedly confessed to stealing the funds.
While being shown several documents tendered as exhibits, including official correspondence relating to the processing, approval and release of the money, the witness acknowledged that the established administrative procedures were not followed.
He explained that, under the CBN’s normal chain of command, official correspondence originating from the governor should first pass through a deputy governor before moving to lower management levels.
“I recall that on Dec. 13, 2023, we were at Kuje correctional centre where the defendant made his statement in relation to his office on the said money.
Commenting on the statement made by former SGF Boss Mustapha during the investigation, Eloho disclosed that the special investigator, Jim Obaze, recorded Mustapha’s statement in his presence.
He added that the former SGF insisted that the signature appearing on the disputed document was forged.
Addressing forensic examinations conducted during the investigation, the witness stated that while the EFCC examined Mustapha’s signature to verify the alleged forgery, a similar examination ought to have been carried out on Emefiele’s signature.
“It would have been desirable to carry out a similar forensic examination on Emefiele’s signature the way it was done to Boss Mustapha.”
During re-examination, the EFCC’s counsel, Mr Rotimi Oyedepo (SAN), sought to introduce certain documents that were unrelated to the disputed $6.2 million transaction.
Burkaa objected, arguing that Section 215(3) of the Evidence Act did not permit the prosecution to introduce issues outside the scope of the witness’s testimony.
“The question is not relevant and can not be permitted in re-examination,” Burkaa argued.
In his ruling, Justice Hamza Muazu upheld the objection in part, noting that there was no uncertainty regarding the documents already referenced by the witness.
The judge said he would not permit the witness to continue conducting investigations in open court through fresh evidence.
Justice Muazu subsequently adjourned the matter until Friday for the continuation of hearing.
