Tag: Godwin Emefiele

An FCT High Court on Monday fixed January 8 to deliver judgement in the enforcement of fundamental rights suit filed by the ousted Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Justice Olukayode Adeniyi fixed the date after listening to arguments canvassed for and against the suit by parties .

Justice Adeniyi equally reserved ruling in the preliminary objections filed by all the four respondents in the suit, marked FCT/HC/CV/040/2023

Emefiele had dragged the Federal Government, the Attorney-General of the Federation (AGF), Executive Chairman, Economic and Financial Crimes Commission (EFCC) and the Commission before the court to enforce his fundamental rights to life, personal liberty, fair hearing and freedom of movement.

He sought a declaration of the court that his continued detention by the agency of the first and second respondents since June 10, 2023 and subsequent transfer to the custody of the third and fourth respondents on October 26, 2023 without being arraigned in court is unlawful.

He said the respondents in deviance of several valid subsisting court orders for his release amounts to a grave violation of his fundamental rights to life, personal liberty, as guaranteed by the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.

He, therefore, among others sought an injunction restraining the respondents from further arresting and or further detaining him up on his release by the court without proffering a criminal charge against him.

He also sought damages of N1 billion in his favour for the violation of his fundamental rights.

Earlier, counsel for Emefiele, Mathew Burkaa SAN, told the court that the applicant was detained for 151 days contrary to the law stipulating 48 hours.

He therefore urged the court to enter judgment and award damages in his client’s favour.

Burkaa submitted that the assertion of the first and second respondents challenging the authority of the deponent to Emefiele’s affidavit in support of the originating summons showed more.

He claimed that the deponent, Dr Okanta Emefiele, never had any meeting with the applicant to make the deposition showed that the Federal Government held him incommunicado.

According to him, this is enough basis for the court to enter judgment in Emefiele’s favour, submitting that every Nigerian deserved the court’s protection.

He further argued that Emefiele’s rights had been violated and the he was apprehensive of being further arrested going by the activities of the respondents.

The applicant’s further harassment by agents of the respondents, Burkaa submitted, may eventually affect Emefiele’s life.

Responding, counsel for the first and second respondents, Oyin Koleosho, SAN urged the court to dismissed the suit for lacking in merit.

He submitted that the government’s opposition to the suit was based on the authority and the source of information of the deponent to the affidavit in support of the originating summons.

Hecsaid that Emefiele was transferred to the custody of EFCC on Oct, 26, while the application was filed on October 31.

He added that between that period there was no contact or communication between Emefiele and the deponent.

He further submitted that in Emefiele’s further and better affidavit, there was no where reference was made to the time, date and venue where the applicant and the deponent met.

He submitted that this rendered the deposition incompetent.

Counsel for the third and fourth respondents, Farouk Abdullah, prayed the court to dismiss the suit for being misconceived and brought in bad fate.

He informed the court that Emefiele was brought to EFCC custody on Oct. 26 and the commission obtained a remand order on October 27 to remand the applicant for 14 days.

He said while he would not trivialise the activities of the Federal Government, there were different ministries, departments and agencies with different mandates.

According to him, Emefiele in his originating summons made certain allegations in which he alleged some infractions were made by the Department of State Service (DSS).

He added that the DSS ought to have been brought into the suit.

Earlier, counsels for the respondents had argued their respective preliminary objection against the suit brought before the court by the Emefiele.

The trial of suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele began in an FCT High Court on Tuesday with the Economic and Financial Crimes Commission (EFCC) calling three witnesses.

The EFCC charged Emefiele with six counts bordering on alleged breach of procurement procedure in the award of the contract to April 1616 Investment Limited.

The anti-graft agency had in August, first charged Emefiele and one Mrs Sa’adatu Yaro and a company, April 1616 Investment Limited, purported to belong to Mrs Yaro, on alleged breach of the procurement Act in respect of the purchase of some vehicles.

However, the arraignment could not go on because of the reported ill health of Yaro.

However, when the matter was called on Friday, EFCC’s lawyer, Mr Rotimi Oyedepo, SAN, drew the attention of the court to an amended charge dated Nov. 8, 2023.

In the new charge Emefiele was the sole defendant and the charge reduced from 20 to six, to which Emefiele pleaded not guilty.

At the resumed trial, the first prosecution witness (PW 1) Shamsudeen Abulili testified

The witness, an officer of the Corporate Affairs Commission (CAC) gave evidence on how the company April 1616 Investment Limited was incorporated on August 1, 2016 with RC : 1350837and tendered several documents on how the company was floated.

He read out before the Court names of the shareholders of the Company which comprised Aminu Idris Yaro, with 500,000 shares, Maryam Aliyu Abdullahi, 350,000 and Saadatu Yaro , 150, 000.

He said the total share of 1 million at N1 each.

Led in evidence by EFCC counsel, Rotimi Oyedepo , SAN the witness said that Emefiele’s name was not in anyway connected with the company.

The witness explained that although CAC was responsible for incorporation of the company, it however has no roles in the day to day running of affairs of the entity.

The second witness, Remigious Ugwu, a Compliance Officer with Zenith Bank told the court on how various sums of money in millions of naira were paid by the CBN into the April1616 Investment Limited.

Specifically, he told the court how on Oct.19, 2020, a sum of N39, 060, 465. another N421, 953, 488 on Nov. 6, 2020 and the third one N304, 883, 720 was paid on Nov. 23, 2020 to the same company by CBN.

Similarly, he said that N304, 883, 720 was paid on January 1, 2021 and another N304, 883, 720 paid the same company on March 23, 2021 by the Central Bank of Nigeria.

He admitted that non of the payments has any link with Emefiele’s name while also that he did not know the purpose of the payments.

The witness who tendered various documents on behalf of the bank said that the former CBN governor was not a signatory to the bank account of the company.

The third witness, Oluwole Owoeye, a Deputy Director, Banking Services with CBN and former Secretary to Major Contract Tendering Committee MCTC of the CBN said that his body was responsible for ensuring of compliance with Procurement Act told the court by CBN in the award of contracts.

When cross examined by Emefiele ‘s counsel, Matthew Burkaa, SAN, Owoeye informed the court that his committee was not involved in the vetting of bidding for the award of contracts that led to prosecution of Emefiele.

The witness explained that another committee handled the bidding because it was above the thresholds of his own Committee

”My Lord, all I know is through our records is that contracts for award of vehicle supplies were awarded to April1616 but I cannot say whether the contracts were executed or paid for because my Committee played no role”

He admitted that MCTC and Procurement Department were fully functional while Emefiele held sway as CBN governor.

After listening to these testimonies , Justice Hamza Muazu adjourned until Jan.18 and Jan.19 2023.

The suspended CBN governor was accused of conferring corrupt advantages on a staff of CBN, Yaro through awards of vehicle supply contracts worth over N1.2 bn contrary to section 19 of the Corrupt Practices and other Related Offences Act 2000.