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Emefiele Returns To EFCC Custody, Faces Fourth Arraignment April 25
The Lagos State Special Offences Court in Ikeja, on Monday, sent back the immediate-past Governor of the Central Bank of Nigeria, Godwin Emefiele, to the custody of the Economic and Financial Crimes Commission.
Justice Rahman Oshodi made the remand order shortly after the anti-graft agency arraigned Emefiele on 23 counts bordering on “abuse of office, accepting gratifications, corrupt demand, receiving property fraudulently obtained, and conferring corrupt advantage.”
In the substance of the charges, the EFCC alleged that abused his office while he was CBN Governor through allegation allocations of $4.5bn and N2.8bn.
He was arraigned alongside Henry Isioma-Omoile, whom the EFCC accused of accepting gifts from agents.
Both defendants pleaded not guilty to the charges.
While Justice Oshodi ordered that Emefiele should be remanded in EFCC custody, he ordered that Isioma-Omoile be remanded at the Ikoyi Correctional Centre, where he was already being held.
The judge made the remand orders while adjourning till Thursday, April 11, 2024, to hear their bail applications.
With Monday’s order, Emefiele returns to the EFCC custody about four and a half months after he left the custody of the anti-graft agency in November 2023, following his initial 151 days in both the custody of the EFCC and the Department of State Services.
At the Monday proceedings, his lawyer, Mr Abdulakeem Labi-Lawal, hinted that the ex-CBN governor would be up for a fresh arraignment between April 25 and 26.
It will be the fourth criminal case filed against him by the Federal Government following his removal from office last June by President Bola Tinubu.
The DSS first arraigned before the Federal High Court in Lagos for illegal possession of firearms. The case was later withdrawn.
He was subsequently arraigned by the EFCC in November before Justice Hamza Muazu of the Federal Territory High Court on charges bordering on procurement fraud and forgery of the signature of ex-President Muhammadu Buhari.
His Monday arraignment before Justice Oshodi in Lagos was the third.
At the Monday trial in Lagos, the EFCC prosecutor, Mr Rotimi Oyedepo (SAN), told the court that Emefiele allegedly abused the authority of his office as CBN governor by allocating foreign exchange in the aggregate sum of $2.2bn without bids, the act which was prejudiced to the rights of Nigerians.
Oyedepo also told the court that the ex-CBN governor corruptly accepted the aggregate sum of $26.5m through Donatone Ltd on account of the allocation of foreign exchange by the CBN.
The commission further accused Emefiele of receiving the sum of $400,000 from Source Computer Ltd on account of the approval of a “contract” in favour of the said company by the CBN, the institution wherein he served as the governor.
The anti-graft agency alleged that Emefiele used his position as the governor of the CBN to confer a corrupt advance on his associate, Limelight Multidimensional Services Ltd, by allegedly approving the payment of the aggregate sum of N900m 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 N149m to the company.
The 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 N398m to the company.
The prosecutor said Emefiele, between January 20 and June 2, 2023, in Lagos corruptly, received $7,720,000 on account of foreign exchange.
He was also accused of receiving $850,000, sometime in March 2023, on account of foreign exchange in favour of his employer the CBN, the institution of government where Emefiele governed
Oyedepo told the court that Emefiele’s co-defendant, Henry Osioma-Omoile, on November 17, 2020, while acting as an agent received the sum of $110,000 through Monday Osazuwa, as a gift for Emefiele as a reward for allocating foreign currencies by CBN.
The commission also accused Isioma-Omoile of receiving the sum of $100,000, in two tranches on behalf of Emefiele as a gift reward for the allocation of foreign currency.
The prosecution said both defendants acted contrary to the provisions of sections 8, 10, and 19 of the Corrupt Practices And Other Related Offences
Act 2000; as well as sections 65, 73, and 328 of the Criminal Laws of Lagos State 2011.
The two defendants, however, pleaded not guilty, following which the prosecutor urged the judge to fix a date for trial.
But the defendants’ counsel, Mr Abdulakeem Labi-Lawal, in two separate bail applications, urged the court to grant the defendants bail on liberal terms, pending the determination of the case.
Specifically, he said that the court should grant Emefiele bail on self -recognizance or release him to his counsel as he was not a flight risk.
He said Emefiele had served Nigeria as the number one banker for nine years and was also still standing trial in Abuja court and would always be available to attend court.
Labi-Lawal added that the charges filed against Emefiele were bailable offences and not capital ones.
“Though the first defendant was granted administrative bail by the prosecuting authorities, he is seeking bail based on self-recognizance and he is ready to attend trial.
“The court should also take into consideration, the status of the first defendant as he was the former CBN governor of the country,” the defence counsel said.
The defence counsel further told the court that Emefiele would likely be arraigned on another charge in Abuja between April 25 and 26, 2024.
“It is for this reason we are asking that this court grant the defendants bail, on self-recognizance or release them to their counsel so that they can attend the court in Abuja,” Labi-Lawal said.
Labi-Lawal also told Justice Oshodi that second defendant, Osioma-Omoile, was previously arraigned on Friday and was granted bail Justice O. Sule- Hazmat of the state high court in Yaba.
He urged Justice Oshodi to allow Osioma-Omoile to continue on Friday bail.
The prosecutor, Oyedepo, did not oppose the bail applications but urged the court to exercise its discretion judiciously in granting bail to the defendants.
Oyedepo also informed the court that the prosecution would like to ask for a closed section for some of their witnesses who were willing to come to court to testify but were scared for their lives.
After listening to the submissions of both counsel, Justice Oshodi ordered that Emefiele should be remanded at the EFCC’s custody, while the second defendant should be returned to the Ikoyi Correctional Centre where he was brought to the court.
The judge adjourned the case till April 11, to rule on the bail applications and to commence trial.
News
I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court
A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.
The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.
Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.
According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.
He said he subsequently took the money to the office of the then Director-General.
“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.
The witness explained that he collected the bag from his aide before entering the office.
“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”
The witness was initially a defendant in the case but later opted to testify for the prosecution.
While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.
According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.
He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.
“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.
During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.
When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”
After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.
The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.
Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.
They pleaded not guilty to the offences.
The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.
According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.
Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.
The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.
One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.
News
CBN Bars Chronic Loan Defaulters from Accessing New Banking Services
The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).
This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.
This order is specifically targeted at large-ticket obligors.
The CBN issued the directive in a circular to banks on Monday.
The latest instruction comes almost a week after the CBN asked financial institutions to stress test.
It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.
“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.
“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.
“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”
News
Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju
Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.
Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.
He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.
“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.
“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?
“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.
“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.
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