The Economic and Financial Crimes Commission, EFCC, insisted on Monday at the High Court of the Federal Capital Territory that the signatures of late President Muhammadu Buhari and former Secretary to the Government of the Federation (SGF), Boss Mustapha, were forged by unscrupulous Nigerians to defraud the country of $6,230,000.
EFCC Assistant Commander II, Mr Chinedu Eneanya, told the court that five officials of the Central Bank of Nigeria (CBN) moved the money out of the apex bank under the guise that it was meant for the payment of foreign election observers in the 2023 general elections.
The anti-graft agency testified on Monday at the resumed trial of former CBN Governor, Mr Godwin Emefiele, on a 20-count charge of criminal breach of trust brought against him by the federal government.
Emefiele is being prosecuted by the EFCC in the charge marked FCT/HC/CR/577/2023.
He is standing trial on an amended 20-count charge bordering on criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence, and obtaining money by false pretence while serving as CBN governor.
Emefiele was, among others, alleged to have knowingly obtained by false pretence the sum of $6,230,000 purportedly meant for international election observers for the 2023 general election.
The EFCC accused him of conferring corrupt advantages on two companies — April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
He, however, pleaded not guilty to the charges during his arraignment.
At Monday’s proceedings, Chinedu Eneanya, who served on the probe panel, was called to testify as the 13th prosecution witness (PW13).
In his evidence-in-chief, the witness told the court that his team was assigned to investigate the matter.
“The investigation revealed that the money, $6.2 million, was removed from the coffers of the CBN for a purported funding of foreign observers for the 2023 elections.”
He told the court that those connected with the movement of the fund were interviewed.
The witness said documents were recovered from the CBN regarding the release of the money.
Eneanya told the court that investigations also revealed that the signatures of the then President, Muhammadu Buhari, and then Secretary to the Government of the Federation (SGF), Boss Mustapha, were forged to collect the money.
He said forensic examination was carried out, which established that the two signatures were forged.
Drama, however, ensued during cross-examination by Mathew Burkaa, SAN, counsel to Emefiele, when the witness admitted that forensic examination was not carried out on Emefiele’s signature despite Emefiele’s claim that his signature was also forged by the culprits.
The witness said five CBN officers signed the internal memo that authorised the release of the money and that none of them is standing trial alongside Emefiele, but were only suspended by the CBN.
The witness told the court that he was not the one who took Emefiele’s extra-judicial statements.
When asked if any of the investigators established that Emefiele received any money, he said Emefiele’s lawyer, Ifeanyi Omeke, said he received money on behalf of Emefiele, but that he did not interview Emefiele on the claim.
Earlier, Emefiele’s counsel had frowned at bringing another Investigating Police Officer (IPO) on the ground that the witness would say the same thing said by two other IPOs.
He also drew the attention of the court to the last proceedings where the EFCC told the court that it was bringing its last witness.
“We understand their strategy. It seems they are ridiculing the court. All the same, we are ready to go on.”
Emefiele, through his counsel, applied for the foreclosure of the EFCC’s case after prosecution counsel, Rotimi Oyedepo, SAN, told the court that he was not sure of bringing two witnesses on April 28.
Oyedepo informed the court that the EFCC was yet to obtain the subpoena from the court and that the witnesses were outside jurisdiction in Benin and Lagos.
When the court asked the prosecution how many more witnesses it intended to call, Oyedepo said two more and mentioned their names as Jim Obessa and CP Eloho Okpozikbo.
The court then asked the prosecution to bring all the witnesses between April 27 and 28.
At this point, Burkaa applied to the court that the EFCC’s case be foreclosed if it failed to bring the two remaining witnesses to court on April 28.
“If the witnesses do not come on April 28, we apply that they should be foreclosed. Justice is both for the prosecution and the defendant.
“This is an antic by the prosecution to put maximum hardship on the defendant. Please let it be on record that the prosecution has severally brought out this scenario,” he said.
Responding, Oyedepo told the court that he was not there to be a clog in the expeditious trial of the case and prayed the court to refuse the application to shut the doors against the prosecution.
Justice Hamza Muazu advised parties to reserve their arguments till their final addresses and directed Oyedepo to go to the court registrar for the signing of the subpoena.
Justice Muazu then adjourned till April 28 for continuation of trial