In a recent development at the Federal Capital Territory High Court in Abuja, former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, has petitioned the court to prevent the Economic and Financial Crimes Commission (EFCC) from presenting additional witnesses in his ongoing procurement fraud trial. Emefiele’s lead counsel, Matthew Burkaa (SAN), contends that the EFCC, having initially listed 10 witnesses in its proof of evidence, should not be permitted to introduce more. Burkaa argues that allowing additional witnesses at this stage would overreach the court and potentially prejudice the defense.
EFCC’s Counterargument for Additional Witnesses
Opposing the application, EFCC’s prosecuting counsel, Rotimi Oyedepo (SAN), maintains that introducing further testimonies is essential for a comprehensive and fair presentation of the case. Oyedepo asserts that restricting the prosecution to the initial list of witnesses would infringe upon the agency’s right to a fair hearing and impede the pursuit of justice.
Court’s Decision Pending
After hearing arguments from both sides on Monday, Justice Hamza Muazu adjourned the case until March 20, 2025, reserving the ruling on the application. This decision is anticipated to significantly influence the trial’s trajectory, determining the scope of evidence and testimonies that will be considered.
Overview of the Charges Against Emefiele
Godwin Emefiele is facing a 20-count amended charge, including allegations of criminal breach of trust, forgery, conspiracy, and obtaining money by false pretenses, totaling $6,230,000.00. The prosecution alleges that during his tenure as CBN governor, Emefiele used his position to confer undue advantages on two companies: April 1616 Nigeria Ltd and Architekon Nigeria Ltd. One of the key accusations involves the alleged forgery of a document titled “Re: Presidential Directive on Foreign Election Observer Missions,” dated January 26, 2023, purportedly from the office of the Secretary to the Government of the Federation.
Testimony of EFCC’s 10th Witness: Conflicting Narratives
During the proceedings, the EFCC’s 10th witness, Salawu Gana, who served as the Head of the Procurement Department at the CBN, provided testimony that has been subject to varying interpretations. Under cross-examination by Emefiele’s lawyer, Gana stated that the award of the contract to April 1616 for the procurement of vehicles adhered to procurement laws and CBN guidelines. He explained that the CBN’s Procurement Department evaluated quotations from three companies—RT Briscoe, Globe Motors, and April 1616—and recommended April 1616 based on its lowest bid. Gana emphasized that Emefiele approved the contract based on the recommendations of the CBN Tenders Board and was not a member of this board. He also confirmed that the vehicles were supplied, and April 1616 was paid accordingly. Furthermore, Gana acknowledged that neither he nor the five procurement officers who recommended April 1616 had been charged by the EFCC. He stated that he had not seen any evidence linking Emefiele to payments from April 1616’s bank account and confirmed that Emefiele was neither a director, shareholder, nor signatory to April 1616’s bank account. Additionally, Gana testified that Emefiele did not influence the procurement process and that he reported directly to his supervisor, not to Emefiele.
EFCC’s Clarification on Witness Testimony
In response to reports suggesting that Gana’s testimony justified the vehicle procurement contracts awarded during Emefiele’s tenure, the EFCC issued a statement to correct what it described as false narratives. The EFCC clarified that Gana testified that the contract awards were swayed in favor of April 1616 due to the leakage of bidding information to the company. According to the EFCC, Gana revealed that April 1616 had prior knowledge of bids submitted by competing companies, allowing it to submit a lower bid and secure the contract. Gana reportedly stated, “April 1616 was provided a guide to the in-house estimate and then they all submitted their quotations. April 1616 bided N69 million, RT Briscoe N77,050,000, Globe Motors N77,179,999. So the in-house estimate was N69,750,000 making April 1616 to have the lowest bid to win the award.” The EFCC emphasized that this information was not provided to the other bidders and that the procurement was then approved by Emefiele.
Legal Perspectives on the Admission of Additional Witnesses
The legal debate over the admission of additional witnesses centers on principles of fair hearing and the right to a complete defense. Emefiele’s defense team argues that introducing new witnesses beyond the initially listed 10 could lead to an unfair trial by ambushing the defense with unforeseen testimonies. They contend that the prosecution should be bound by its original witness list to maintain procedural fairness. Conversely, the EFCC argues that the dynamic nature of trials may necessitate additional witnesses to ensure that all relevant facts are presented. They assert that preventing the inclusion of further witnesses could hinder the prosecution’s ability to present a comprehensive case, thereby affecting the overall pursuit of justice.
Implications for the Ongoing Trial
The court’s forthcoming decision on whether to allow additional witnesses will have significant implications for the trial’s progression. If the court permits the EFCC to call more witnesses, the prosecution may strengthen its case by providing further evidence and testimonies. However, this could also prolong the trial and necessitate adjustments in the defense’s strategy. On the other hand, if the court denies the application, the EFCC will need to rely solely on the testimonies and evidence already presented, which may limit the scope of its arguments. This decision will also set a precedent for how strictly courts may hold parties to their initial witness lists in complex fraud trials.
Public and Media Reactions
The trial has garnered significant public and media attention, given Emefiele’s prominent role as the former CBN Governor. Media reports have varied in their portrayal
