Emefiele did not have signing authority over company accounts in alleged CBN contract scam, testifies witness

An investigator with the Economic and Financial Crimes Commission, EFCC, revealed in the Federal Capital Territory, FCT, High Court in Abuja that Godwin Emefiele, the former Governor of the Central Bank of Nigeria, CBN, was not a signatory to the bank accounts of two companies allegedly used to obtain contracts from the apex bank.

The investigator, David Jaiyeoba, who appeared as the 12th prosecution witness, made this disclosure during cross-examination by Emefiele’s counsel, Matthew Burkaa, SAN, and stated that Emefiele was neither a signatory nor directly linked to the accounts of April 1616 Nigeria Limited.

According to Jaiyeoba, his evidence never mentioned April 1616, and he cannot remember if Emefiele is a director or shareholder of the company, but confirmed that Emefiele was not a signatory to the account of April 1616.

Emefiele was also neither a signatory, director nor shareholder in another company, Architekon Nigeria Limited, which was linked to the alleged contract deals, Jaiyeoba stated.

The EFCC is prosecuting Emefiele on an amended charge bordering on criminal breach of trust, forgery, obtaining by false pretence, procurement fraud and conspiracy, for allegedly conferring corrupt advantages on two firms — April 1616 Nigeria Limited and Architekon Nigeria Limited — in the award of contracts by the apex bank.

April 1616 Nigeria Limited allegedly belonged to Sa’adatu Ramalan-Yaro, an associate of Emefiele and a staff of the CBN, according to the prosecution, which also alleged that information about bidding for CBN contracts was leaked to Ramalan-Yaro and the company.

A former Head of Procurement Department at the CBN, Salawu Gana, had earlier testified that the alleged irregularities occurred between 2018 and 2020 when Emefiele was serving as governor of the apex bank.

Ramalan-Yaro was initially arraigned alongside Emefiele as a co-defendant in the matter, but was discharged from the trial in 2024, after an amendment to the charge, which also reduced the number of counts against Emefiele.

During the proceedings, Jaiyeoba told the court that he did not personally interview Emefiele during the course of the investigation, as other members of the investigation team conducted the interview with him.

The EFCC’s findings were largely based on documents obtained during the investigation as well as statements made by suspects arrested in connection with the case, Jaiyeoba explained.

He also admitted that he did not visit the residence of the former CBN governor or the renovation site allegedly linked to Architekon Nigeria Limited, and did not visit any of the project locations connected with the case.

Consequently, the commission relied on statements made by the director of the company regarding the alleged renovation work, Jaiyeoba stated.

Jaiyeoba confirmed that he was aware of a committee within the CBN responsible for vetting and handling the bidding process for contracts, but could not recall its name and did not personally interview officials of the committee.

When asked whether Emefiele was a member of the Major Contract Tender Committee that handled the procurement process at the CBN, Jaiyeoba replied that he cannot remember.

The witness insisted that he understood the procurement process at the apex bank, though he admitted he could not say who in the CBN was responsible for confirming whether a company qualified for a contract.

The defence confronted Jaiyeoba with a judgment of the Court of Appeal which set aside an earlier forfeiture order on some properties allegedly linked to Emefiele, and the witness acknowledged that the EFCC was bound by the decision of the appellate court.

The properties earlier listed in the proceedings include a detached duplex at No. 17B Hakeem Odumosu Street, Lekki Phase 1, Lagos, a bungalow and an undeveloped plot measuring 1,919.592 square metres on Oyinkan Abayomi Drive, Ikoyi, and a four-bedroom duplex at 12A Probyn Road, Ikoyi.

Other properties listed include an industrial complex under construction on 22 plots of land in Agbor, Delta State, eight units of undetached apartments on Adekunle Lawal Road, Ikoyi, and another detached duplex on Bank Road, Ikoyi.

Jaiyeoba had earlier testified that a lawyer linked to Emefiele was arrested with more than $2 million in cash, but under cross-examination, he confirmed that the former CBN governor did not claim ownership of the money.

The defence questioned the timeline of the investigation, noting that the EFCC filed charges against Emefiele on August 14, 2023, whereas the extrajudicial statements obtained from the defendant were taken between October 26 and November 2, 2023.

Jaiyeoba replied that he was not aware of those dates, and also admitted that the defendant was not confronted with the statement of another suspect, Mr. Nwike, to obtain his reaction.

The witness had told the court that the investigation was triggered by a report forwarded to the EFCC by an inter-agency task force headed by the State Security Service, SSS.

Following a request by the defence for the report to be produced in court, the prosecution counsel, A. O. Mohammed, raised no objection, and Justice Hamza Muazu subsequently adjourned the matter until Tuesday for continuation of hearing.