Emefiele Seeks Judicial Foreclosure Of Case Over Witness Delays

A former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has urged an Abuja High Court to foreclose the prosecution in his ongoing trial if the EFCC fails to produce its witnesses on Tuesday.

Emefiele’s counsel, Matthew Burkaa SAN, made the application for the foreclosure of the prosecution after the prosecution counsel, Rotimi Oyedepo SAN told the court that he was not sure of bringing his two witnesses on Tuesday.

Oyedepo informed the court that the prosecution is yet to obtained the subpoena from the court and the witnesses lived outside the court’s jurisdiction.

Emefiele,is charged with 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.

The EFCC alleged that Emefiele obtained by false pretence the sum of 6.3 billion dollars purportedly meant for international election observers for the 2023 general election.

He however, pleaded not guilty to the charges preferred against him.

At the resumed hearing on Monday, Mr Chinedu Eneanya, Assistant Commander II in the EFCC, was called to testify as the 13th prosecution witness (PW 13)

Emefiele’s counsel frowned at bringing another Investigative officer (IPO) because the witness was going to testify on the same things others had said.

He also drew the attention of the court to what the that prosecution told the court about bringing its last witness.

”We understand their strategy. It seems that they are ridiculing the court. All the same, we are ready to go on,” he said.

When the court asked the prosecution to say how many more witnesses he was bringing, counsel said two more, Jim Obessa and CP Eloho Okpozikbo.

The court then asked the prosecution to bring all their witnesses between Monday and Tuesday.

In his evidence in- chief , the witness Chinedu Eneanya, told the court that his team was assigned to investigate the matter.

“The investigation revealed that the money was removed from the coffers of the CBN for a purported funding of the foreign observer of the 2023 election,” he said.

He told the court that those connected with the movement of the fund were interviewed.

The witness said documents were recovered from the CBN for the release of the money.

Eneanya told the court that the investigations revealed also that the signatures of the then President, late Muhammadu Buhari and then Secretary to the Federation Government (SGF), Boss Mustapha were forged to collect the money.

He said a forensic examination was carried on the signatures.

During cross-examination by Burkaa, counsel to Emefiele, the witness said forensic examination was not carried out on Emefiele ‘s signature, though he (Emefiele) alleged his signature was forged.

He said five officers of CBN signed the internal memo, no of them is standing trial but were suspended by CBN.

The witness told the court that he was not the officer who took Emefiele ‘s statements.

Burkaa complained to the court about the attitude of the witness.

”It showed he(witness) is not a witness who tells the truth and that his entire testimony should be taken with a pinch of salt.

”If the witnesses do not come tomorrow we apply that they should be foreclosed , Justice is both for the prosecution and the defendant.

”This is an antic for the prosecution to put maximum hardship on the defendant, please let it be on record that the prosecution has several brought out this scenario, ” he said.

Responding, Oyedepo told the court that he was not there to be a clog in the case.

Oyedepo prayed the court to refuse the application and not shut the doors against the prosecution .

”It is another way they desire to shut the prosectution from given evidence ” he said.

Justice Hamza Muazu, advised parties to reserve their arguments until their final addresses and that Oyedepo should go to the court Registrar for the signing of the subpoena.

Justice Muazu then adjourned until Tuesday for continuation of trial.