Alleged Abuse Of Office: Emefiele Remanded In EFCC Custody

•As Judge gives April 11 to deliver a ruling on bail applications 

Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, on Monday, April 8, 2024, ordered the remand in the custody of the Economic and Financial Crimes Commission (EFCC) of the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele. 

The judge decided after fixing April 11, 2024, as the day to deliver a ruling on the bail application filed by the former CBN helmsman through his counsel, Abdulakeem Labi-Lawal.

Justice Oshodi equally directed the remand of Emefiele’s co-defendant, Henry Omoile, at the Ikoyi Custodial Centre, pending the court’s ruling on his bail.

Labi-Lawal, while arguing on the former CBN governor's bail application, prayed to Justice Oshodi to grant Emefiele bail on self-recognizance pending the hearing and determination of the case or on the most liberal bail terms.

The lawyer had also urged the trial judge to grant the second defendant bail on self-recognizance and or on the most liberal terms.

Labi-Lawal in his 35-paragraph affidavits had stated that the first defendant (Emefiele) had complied with the bail application which was given to him by Justice Hamza Muazu in his ongoing alleged fraud trial in Abuja. 

The defence lawyer added that the charges filed against the first defendant were bailable offences and not capital-oriented.

In his words: "Though the first defendant was granted administrative bail by the prosecuting authority, he is seeking bail based on self-recognizance, and he is ready to attend trial.

“The court should also consider the status of the first defendant, as he was the former CBN governor of the country.”

Labi-Lawal further argued that his client had religiously presented himself before Justice Hamza Muazu in Abuja to answer the allegations before him.

According to him, the first defendant was not a flight risk, as he was the first person to arrive in court.

The defence counsel prayed to the court to grant bail to Emefiele on liberal terms.

Labi-Lawal also moved the bail application for the second defendant and urged the court to grant him bail on liberal terms.

In his response, the counsel for the EFCC, Rotimi Oyedepo (SAN), did not oppose the request for bail. Instead, the SAN asked the court to exercise its discretion in the grant of bail.

The SAN also informed the court that the prosecution would be asking for a closed section for some of its witnesses who were willing to come to court to testify but were scared for their lives.

Specifically, the anti-graft agency arraigned Emefiele on a 23-count charge bordering on alleged abuse of office to covet N4.5 billion and N2.8 billion for himself.

The former CBN governor is also being accused of accepting gratifications, corrupt demand, receiving property fraudulently obtained and conferring corrupt advantage, while his co-defendant, was arraigned on a three-count charge bordering on acceptance of gift by agents.

But the duo pleaded not guilty to the charge as made against them by the commission. 

The charge designated ID/23787c/2024, dated April 3, and filed by Oyedepo (SAN) had its first count stating Emefiele “directed to be done in abuse of the authority of your office, as the Governor, Central Bank of Nigeria, an arbitrary act, to wit: allocating foreign exchange in the aggregate sum of $2,136,391,737.33 without bids, which act is prejudicial to the rights of Nigerians.”

The offence was allegedly committed between 2022 and 2023 and is punishable under Section 73 of the Criminal Law of Lagos State, 2011.

Count two of the charge indicated that Emefiele, between 2020 and 2021, in Lagos, “directed to be done in abuse of the authority of your office, as the Governor, Central Bank of Nigeria, an arbitrary, act to wit: allocating foreign exchange in the aggregate sum of $291,945,785.59, without bids, which act is prejudicial to the rights of Nigerians.”

In count three, the former CBN helmsman was alleged to have, in 2021, in Lagos, “directed to be done in abuse of the authority of your office, as the Governor, Central Bank of Nigeria, an arbitrary act, to wit: special allocation of foreign exchange in the aggregate sum of $1,769,254,793.16, which act is prejudicial to the rights of Nigerians.”

For count four, $370,872,893.01 was the sum involved.

In count 5, Emefiele’s co-defendant, Omole was accused of, “about the 17th of November 2020, in Lagos, within the jurisdiction of this Honourable Court whilst acting as an agent accepted from Raja Punjab through Monday Osazuwa, the total sum of $110,000, for Godwin Ifeanyi Emefiele, gifts as reward for allocating foreign exchange by the Central Bank in favour of Raja Punjab’s employer.”

In one of the charges, the anti-graft agency alleged that Emefiele abused the authority of his office as CBN governor by allocating foreign exchange in the aggregate sum of $2.2 billion US without bids, the act which was prejudiced to the rights of Nigerians.

It was also alleged that the ex-CBN governor corruptly accepted the aggregate sum of $26.5 million from NIPCO PLC through Donatone Ltd on account of allocation of foreign exchange in favour of a company by the CBN.

Emefiele was equally accused by the EFCC of receiving the sum of $400,000 from Source Computer Ltd on account of the approval of “contract” in favour of the said company by CBN, the institution wherein he served as the governor.

The anti-graft also alleged that Emefiele used his position as the governor of CBN to confer a corrupt advance on his associate, Limelight Multidimensional Services Ltd by approving payment of the aggregate sum of N900 million to the said company.

Emefiele was also alleged to have used his position as the CBN governor to confer a corrupt advantage on Comec Support Services Ltd by approving the sum of N149 million to the company.

EFCC also alleged that the former CBN governor used his position to confer a corrupt advantage on Andswin Resources and Solutions Ltd by approving payment of the sum of N398 million to the company.

The commission also accused Emefiele's co-defendant (Omoile) of having given the sum of $100,000 to the CBN governor as a gift reward for the allocation of foreign exchange.

The offence, according to the EFCC, contravenes Sections 8, 10, and 19 of the Corrupt Practices And Other Related Offences Act 2000, Sections 65, 73, and 328 of the Criminal Laws of Lagos State 2011.

All rights reserved. This material and other digital content on this website may not be reproduced, published, broadcast, rewritten, or redistributed in whole or in part without the prior express written permission of THE NEWS ACCELERATOR NETWORK. 

For advertising inquiries, please contact thenewsacceleratornetwork@gmail.com or 08033599492. For news coverage or press releases, call 08022717838.