Court declines Emefiele’s request to stop trial

.Witness claims receiving $600,000 kickback for CBN ex-gov

Embattled former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, yesterday, challenged the jurisdiction of a Lagos Special Offences Court, Ikeja to hear the alleged abuse of office and multi-billion dollars fraud charge levelled against him by the Economic and Financial Crimes Commission (EFCC).

His motion on notice was filed by Mr. Olalekan Ojo (SAN), who appeared for him, while Mr. Kazeem Gbadamosi (SAN) appeared for the second defendant, Henry Isioma-Omoile.

Emefiele’s attorney told the court that it lacked the constitutional jurisprudence to hear the charge.

At the resumed hearing, he reminded the court that his motion on notice, dated April 24, 2024, centred on jurisdiction.

Ojo argued that there is a need to consider jurisdictional objection before allowing the case.

“This defendant ought not to be arraigned before this court on constitutional grounds. We are saying that the charge against the first defendant is unconstitutional,” the counsel stated.

He, therefore, prayed the court to toe the part of legality and constitutionality in determining the application.

On his part, EFCC’s lawyer, Mr. Rotimi Oyedepo (SAN), urged the court to dismiss the application, maintaining that it was a course to delay justice. He submitted that the approach was intended to take up from where the prosecution was coming from, stressing the collective resolution as a nation to prevent undue delay in criminal matters.

“Your lordship, trial has commenced and witnesses have been assembled in court today (yesterday) to give evidence. The application of the first defendant is unconstitutional, as this is a means to draw us backward,” he added.

Rotimi, therefore, prayed the court to discountenance the submission of the defence and allow the trial to continue.

Justice Rahman Oshodi, in his ruling, thereafter declined Emefiele’s request to discontinue the hearing. The court deferred ruling on the preliminary objection to the final judgment stage.

The judge noted that when Emefiele was arraigned on April 8, 2024, the prosecution informed the court of an accelerated hearing, to which the defence did not object.

This is even as a one-time Director of Information Technology in the CBN, John Ayoh, informed the court how he allegedly received $600,000 as gratification for a contract on behalf of Emefiele.

Led-in-evidence by Oyedepo, the second prosecution witness said he had spent eight years in the apex bank and confirmed receiving a letter from EFCC concerning two transactions he facilitated through the defendant.

Ayoh told the court that he was the Head of the Procurement and Support Services (PSS) Department, vested with powers to receive applications for the award of contracts to chosen successful bidders.

He explained that the first envelope containing $400,000 was brought to Emefiele’s Lekki home, while he received the second envelope containing $200,000 at the Tinubu Head Office of the CBN.

“The first leg of the transaction was at his residence in Lekki Phase, while the second envelope money I received was at the Tinubu Head Office of the CBN,” Ayoh added.

The witness mentioned one Mr. John Adeola as Emefiele’s assistant, who guided.
He said the vendors that brought the alleged envelopes containing the money were in charge of the implementation of Netapp Storage Architectural and Infrastructural Services.

When cross-examined by Ojo, the witness said he directly worked under Emefiele, but his schedule of duties did not include running errands for him.
He clarified that the defendant was not a member of PSS but a member of Major Contract Tender Committee (MCTC).

Ayoh stated that he had never facilitated the commission of any crime.
When asked whether he wrote in his statement that he was forced to aid or abet the commission of accepting gratification, Ayoh said he did not remember the exact word he used.

He added that he did not write in his statement that he opened the two envelopes on both occasions to check the total sum of money.

“I was invited by EFCC on February 17, 2024. I was not arrested, but I returned home on administrative bail. So, I wrote a statement and it implied that the money in the envelopes was given to him to influence the award of the contract,” he said.

He also told the court that he did not take part in the decision of MCTC, but recommended that the contract be awarded, but was not bribed.
The witness further informed the court that he was under duress while receiving the two envelopes from the contractors.

After listening to the prosecution and defendant’s counsel’s argument on the witness statement, Justice Oshodi admitted the statement.
Ojo asked the witness to show to the court where it was written in his statement that he acted under duress.

Ayoh responded that the instructions from Emefiele indicated that he bent rules.

The judge subsequently adjourned the matter to May 3.