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Posted by Lawal Munirst on January 19, 2024 0
The trial proceedings for Godwin Emefiele, the former governor of the Central Bank of Nigeria (CBN), are scheduled to commence on February 12.
Emefiele was re-arraigned by the Economic and Financial Crimes Commission (EFCC) on behalf of the Federal government on an amended 20-count charge bordering on criminal breach of trust, forgery, conspiracy to obtain by false pretense and obtaining money by false pretense.
The commencement of the trial next month followed the pronouncement of Justice Hamza Muazu of the Federal Capital Territory (FCT) High Court sitting in Maitama, Abuja on Friday, who also granted the plea of the legal team of the former CBN governor to be allowed to continue to enjoy the bail conditions earlier granted him by the court.
Initially arraigned on November 17, 2023, on a six-count charge, Emefiele faced allegations of leveraging his position to bestow corrupt advantages upon a staff member, Sa’adatu Ramallan Yaro.
He was granted bail on the sum of N300m and two sureties in like sum on November 22, 2023.
On Thursday, January 18, 2023, he was re-arraigned to address the amended charges, but his legal team requested an adjournment to facilitate a thorough study of the new charges.
However, on Friday, January 19, as soon as the Court Clerk began reading the charges, Emefiele’s lead counsel, Mathew Burkaa, a Senior Advocate of Nigeria (SAN), citing Section 221 of the Administration of Criminal Justice Act that ‘Objections shall not be taken during the proceeding or trial on the ground of imperfect or erroneous charge’, objected to Count One based on its franking (framing of the charge).
He referenced a couple of authorities to support his assertion regarding the formulation of the amended charge, clarifying that while he had no issue with the original charge, his concern lay with the construction of the revised version.
Count One on the charge sheet reads: ‘That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2018 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 37 (Nos.) Toyota Hilux Vehicles at the cost of Eight Hundred and Fifty-Four Million, Seven Hundred Thousand Naira (N854,700,000.00) only to April 1616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and you thereby committed an offense.
The prosecution counsel, Rotimi Oyedepo, a Senior Advocate of Nigeria (SAN), countered, saying the objection was improper at the stage of taking the plea.
Citing previous court pronouncements on the issue, Oyedepo said, “The stage is not set yet to take objections on the validity or otherwise of the charge, the defense must wait. After the plea has been taken, the defense may raise objections on the validity or otherwise of the charge. The objection is premature and should not be entertained now”.
Justice Muazu said Section 396 of the Administration of Criminal Justice Act was clear on the subject while telling the counsels that the objection was noted but not enough to stop proceeding.
Section 396. (1) reads: ‘The defendant to be tried on an information or charge shall be arraigned in accordance with the provisions of this Act relating to the taking of pleas and the procedure on it.
‘(2) After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment’.
He asked the Burkaa to properly file the objection if he wished to continue with it.
The reading of the charges continued and Emefiele pleaded not guilty to each charge brought against him by the anti-graft agency.
With the conclusion of the not guilty pleas of Emefiele, his lawyer also enjoined the court to allow the ex-CBN governor to continue to enjoy the conditions of the bail earlier granted him by the court.
The EFCC counsel raised no objections to the plea on bail conditions, saying they (prosecutors) needed the troubled former CBN governor to be healthy to attend the trial.
Justice Muazu in his pronouncement adjourned the trial to the 12th and 13th of February 2024 while granting the plea on the condition of the bail.
The amended 20-count charges dated 17th January 2024 are:
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2018 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 37 (Nos.) Toyota Hilux Vehicles at the cost of Eight Hundred and Fifty-Four Million, Seven Hundred Thousand Naira (N854,700,000.00) only to April 1616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and you thereby committed an offence *That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2019 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 1 (No.) Toyota Avalon at the cost of Ninety-Nine Million, Nine Hundred Thousand Naira (N99,900,000.00) only to April 1616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2019 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 1 (No.) Toyota Landcruiser V8 at the cost of Seventy-three Million and eight hundred Thousand Naira (N73,800,000.00) only to April 1616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2020 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 2 (Nos.) Toyota Hilux Shell Specification Vehicles at the cost of Forty-Four Million Two hundred thousand Naira (N44,200,000.00) only to April 1616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2020 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 1 (Nos.) Toyota Land Cruiser VXR V8 (CONTRACT NO: PO026821) at the cost of Sixty Nine Million Naira (N69,000,000.00) only to April 1616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2020 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 1 (Nos.) Toyota Land Cruiser VXR V8 at the cost of Sixty Nine Million Naira (N69,000,000.00) only (CONTRACT NO: PO26822) to April 1616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and you thereby committed an offense.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in December, 2014 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria (CBN) to confer a corrupt advantage on your wife, Omoile Margret, and brother-in-law Omoile Macombo by awarding a contract for the total renovation of the CBN Governor’s Residence lying, being and situate at No. 2 Glover Road, Ikoyi, Lagos in the sum of Eighty Two Million, Eighty-Six Thousand, One Hundred and Twenty-Nine Naira, Thirty Kobo (N 82,086,129.30) to Messrs. Architekon Nigeria Limited, a company wherein the duo are directors and majority shareholders and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in December 2014 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria (CBN) to confer a corrupt advantage on Messrs. Architekon Nigeria Limited, an incorporated company known to act subject to your influence by awarding in favor of the said company, a contract for the total renovation of the CBN Governor’s Residence lying, being and situate at No. 2 Glover Road, Ikoyi, Lagos in the sum of Eighty Two Million, Eighty-Six Thousand, One Hundred and Twenty- Nine Naira, Thirty Kobo (N 82,086,129.30) and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in March, 2020 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria (CBN) to confer a corrupt advantage on Messrs. Architekon Nigeria Limited, an incorporated company known to act subject to your influence by awarding in favor of the said company, a contract for the external renovation of the CBN Governor’s Residence lying, being and situate at No. 2 Glover Road, Ikoyi, Lagos in the sum of Ninety Nine Million, Eighty and Twenty-Six Thousand, Four hundred and Fifty-Two, Naira, Forty-Seven Kobo (N 99,826,452.47) and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in March, 2020 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria (CBN) to confer a corrupt advantage on your wife, Omoile Margret, and brother in-law Omoile Macombo by awarding a contract for the external renovation of the CBN Governor’s Residence lying, being and situate at No. 2 Glover Road, Ikoyi, Lagos in the sum of Ninety Nine Million, Eighty and Twenty Six Thousand, Four hundred and Fifty Two, Naira, Forty Seven Kobo (N 99,826,452.47) to Messrs. Architekon Nigeria Limited, a company wherein the duo are directors and majority shareholders and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in April, 2019 within the jurisdiction of this Honourable Court did use your position as Governor, of the Central Bank of Nigeria (CBN) to confer a corrupt advantage on Messrs. Architekon Nigeria Limited, an incorporated company known to act subject to your influence, by approving the payment of the total sum of Ninety Seven Million, Nine Hundred and Ninety Eight Thousand, Four Hundred and Sixteen Naira, Thirty Eight Kobo (N97,998,416.38) in favour of the said company for the supply of office Furniture to Central Bank of Nigeria and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in April, 2019 within the jurisdiction of this Honourable Court did use your position as Governor, of the Central Bank of Nigeria (CBN) to confer a corrupt advantage on your wife, Omoile Margret, and brother in-law Omoile Macombo by approving the payment of the total sum of Ninety Seven Million, Nine Hundred and Ninety Eight Thousand, Four Hundred and Sixteen Naira, Thirty Eight Kobo (N97,998,416.38) in favour of Messrs. Architekon Nigeria Limited, a company wherein the duo are directors and majority shareholders for the supply of office Furniture to Central Bank of Nigeria and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in January, 2020 within the jurisdiction of this Honourable Court did use your position as Governor, of the Central Bank of Nigeria (CBN) to confer a corrupt advantage on Messrs. Architekon Nigeria Limited, an incorporated company known to act subject to your influence, by approving the payment of the total sum of Fifty Eight Million, Five Hundred and Sixrty Eight Thousand, Seven Hundred and Forty Naira, Twenty Three Kobo (N58,560,740.23) in favour of the said company for the “Provision of dedicated powerline to Governor’s Residence, Lagos” and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in April, 2019 within the jurisdiction of this Honourable Court did use your position as Governor, of the Central Bank of Nigeria (CBN) to confer a corrupt advantage on your wife, Omoile Margret, and brother in-law Omoile Macombo by approving the payment of the total sum of Fifty Eight Million, Five Hundred and Sixty Eight Thousand, Seven Hundred and Forty Naira, Twenty Three Kobo (N58,560,740.23) in favour of Messrs. Architekon Nigeria Limited, a company wherein the duo are directors and majority shareholders for the supply of office Furniture to Central Bank of Nigeria and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele male, adult, and Odoh, Eric Ocheme (Still at large) sometime in January, 2023 in Abuja, within the jurisdiction of this Honourable Court agreed agreed amongst yourselves to cause to be done an illegal act to wit: criminal breach of trust in respect of the sum of Six Million, Two Hundred and Thirty Thousand United States of America Dollar ($6,230,000.00) entrusted to your care in your capacity as the Governor, Central Bank of Nigeria and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele male, adult and Odoh, Eric Ocheme (Still at large) on or about 8th February, 2023 in Abuja, within the jurisdiction of this Honourable Court whilst being entrusted with the total sum of Six Million, two Hundred and Thirty Thousand United States of America Dollars ($6,230,000.00) in your capacity as the Governor and official of the Central Bank of Nigeria respectively, committed criminal breach of trust in respect of that property and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele male, adult, and Odoh, Eric Ocheme (Still at large) sometime in January, 2023 in Abuja, within the jurisdiction of this Honourable Court agreed amongst yourselves to cause to be done an illegal act to wit: forgery of a document titled: RE: PRESIDENTIAL DIRECTIVE ON FOREIGN ELECTION OBSERVER MISSIONS dated 26 January, 2023 with Ref No. SGF.43/L.01/201 and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele male, adult, and Odoh, Eric Ocheme (Still at large) sometime in January, 2023 in Abuja, within the jurisdiction of this Honourable Court did forge a document titled: RE: PRESIDENTIAL DIRECTIVE ON FOREIGN ELECTION OBSERVER MISSIONS dated 26 January, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation to the Governor, Central Bank of Nigeria, and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele male, adult, and Odoh, Eric Ocheme (Still at large) sometime in January, 2023 in Abuja, within the jurisdiction of this Honourable Court agreed amongst yourselves to obtain by false pretence the sum of Six Million, Two Hundred and Thirty Thousand United State Dollar and you thereby committed an offence.
*That you, Godwin Ifeanyi Emefiele male, adult, and Odoh, Eric Ocheme (Still at large) on or about the 8th day of February, 2023 in Abuja, within the jurisdiction of this Honourable Court knowingly obtained by false pretence, the sum of Six Million, Two Hundred and Thirty Thousand United State Dollar ($6,230,000.00) by falsely representing that the Secretary to the Government of the Federation vide a letter dated 26th January, 2023 with Ref No. SGF.43/L.01/201 requested the Central Bank of Nigeria to provide a contingent logistic advance in the sum of Six Million, two Hundred and thirty thousand ($6,230,000.00) “in line with Mr. President’s directive” which representation you knew to be false and you thereby committed an offence.
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