Alleged procurement fraud: Emefiele didn’t confer corrupt advantage on self – witness

Mr. Michael Agboro, 7th prosecution witness( PW7)in the trial of suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, has admitted before an FCT High Court, Maitama, that Emefiele did not confer an unfair and corrupt advantage on himself.

Emefiele is standing trial on an alleged 20-count amended charge, preferred against him by the Economic and Financial Crimes Commission (EFCC).

He was alleged to have engaged in criminal breach of trust, forgery, conspiracy to obtain money by false pretence, and obtaining money by false pretence when he served as the apex bank’s boss.

Among the allegations was that the former CBN boss forged a document titled Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported the same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

Besides, he was also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies: April 1616 Nigeria Ltd and Architekon Nigeria Ltd.

Emefiele in the amended charge was alleged to have, on February 8, 2023, knowingly obtained, by false pretence, $6,230,000.00 by falsely representing that the Secretary to the Government of the Federation, vide a letter dated January 26, 2023 with Ref No. SGF 43/L.01/201, requested the CBN to provide a contingent logistic advance in the sum of $6,230,000 “in line with Mr. President’s directive.”

At the resumed proceedings on Monday,Agboro, an investigator with the Independent Corrupt Practices and Other Related Offences Commission (ICPC), testified.

Led in evidence by Mr. Rotimi Oyedepo, SAN, he tendered several documents, including company registration documents and awards, as well as payments for contracts relating to the two forms.

In his evidence, the investigator claimed that Emefiele conferred an unfair and corrupt advantage in the award of contracts to April 1616 and Archtekon.

He addedthat documents his team, comprising persons drawn from the ICPC, Economic and Financial Crimes Commission (EFCC), Code of Conduct Bureau (CCB), and the Department of State Service (DSS), showed that while a director of April 1616, Mrs. Saadatu Yaro, is a public officer, with the CBN, Emefiele’s wife, Margaret Omoyile, and his brother-in-law, Mac Congo, are directors in Architekon.

However, during cross-examination by Emefiele’s lawyer, Mathew Burkaa, SAN, the witness, when asked whether the defendant conferred unfair and corrupt advantage on himself, answered that “he conferred on Saadatu Ramalan Yaro, who is a public officer working under him. He also conferred on his wife and brother-in-law.

He said, “We limited our investigation to him, his wife, relatives, and associates when asked why others mentioned in the transaction were not charged.

Besides, the witness admitted that nowhere in their findings did they discover that Emefiele was a director, shareholder, or account signatory in either April 1616 Limited or Architekon Nigeria Limited.

He also admitted that there was no evidence of any payment made to Emefiele by these companies in the course of performing his duties at the CBN.

Also, when asked if, in the course of their investigation, they interviewed people in the CBN to determine whether the two firms executed the jobs they were contracted to do, the witness said “yes.”.

However, when asked if the team in their final report stated this fact, the witness said he could not recall if they did.

Agboro had earlier admitted that his team did a report on their investigation, which was forwarded to the Director-General, DSS, adding that he did not come to court with it.

When asked if he was conversant with the procedure for awarding contracts in the CBN, the witness replied in affirmation.

He, however, told the court that “I cannot remember” whether the defendant was part of the procurement and tender committees that vetted, reviewed, and recommended April 1616 and Architekon for the various projects they handled.

He said, ”I don’t know when asked if he is aware that all the contracts that formed the basis of this charge passed through the vetting committee."?

“In the course of your investigation, did you see any document that showed that the defendant, either by phone call, email, or official communication of CBN, made the representation that April 1616 and Architekon should be awarded these contracts? his response was ‘No! ‘

When asked, when it relates to the award of contracts to these two companies, if he knew all these processes laid down by the CBN were followed,? He said, Yes.

Meanwhile, the witness admitted that April 1616 went through a bidding process with other companies and won the various contracts awarded to it.

Agboro further confirmed that he did not visit the contract sites to verify if the jobs awarded to the firms were done.

When asked, “Since you did not visit, you will not know if the contract was carried out or not? He answered ‘Yes.’

Asked if he thought it was wrong for payments to be made to the contractors after jobs had been completed, the witness confirmed that it was not inappropriate to make such payments.

Upon further cross-examination regarding the number of people that treat a document for a final award of contracts, the witness confirmed that there are up to 10 persons that minuted on a contract document, whereas only the defendant, out of 10, is standing trial.

When asked that he would agree that of the 10 persons, it is only the defendant that is standing trial, he said ‘yes.’

On the issue of Emefiele’s wife being a director of Architekon, the witness claimed that, besides documents obtained from the Corporate Affairs Commission (CAC), Emefiele himself, during an interview, confirmed that Margaret Omoyile is his wife.

He, however, said he could not recall if Emefiele told him during the same interview that his wife was not a director of Architekon.

Agboro, in addition, admitted that his team did not interview Emefiele’s wife or his brother-in-law regarding their membership in Architekon because he believed the defendant told them during the interview with him.

Barrka asked the witness during the interview whether Emefiele did not say that Margaret is his wife but that she is not a director of the company.

The witness said he cannot remember unless he refreshes his memory.

Meanwhile, Justice Hamza Muazu has adjourned until April 25 for further cross-examination of PW7.