The Federal Government has filed a 20-count charge bordering on procurement fraud, abuse of office and conferring corrupt advantage on a junior colleague against suspended Central Bank of Nigeria (CBN) Governor Godwin Emefiele.
The charge was filed at the Federal Capital Territory (FCT) High Court in Abuja where Emefiele’s arraignment was stalled yesterday.
Also yesterday, the Federal High Court in Lagos struck out the illegal firearm possession case against him.
In the new charge, the prosecution said Emefiele conspired with Ms. Sa‘adatu Ramalian Yaro and Aprill1616 Investment Ltd in 2019 to use the CBN governor’s office to confer a corrupt advantage on Ms. Yaro, a staff member of CBN.
The Federal Government said Emefiele used his influence to award a contract for the supply of 37 Toyota Hilux Vehicles at the cost of N854.7million to April1616 Investment, a company in which Ms. Yaro is a director despite being a CBN employee.
Emefiele was accused of violating Section 19 of the Corrupt Practices and Other Related Offences Act 2000.
The CBN governor, according to the charge, also awarded a contract for the supply of one Toyota Avalon (3.5L) at the cost of N99.9 million to April1616 Investment Ltd, a company in which Ms. Yaro is a director.
Yaro also allegedly got a contract for the supply of one Toyota Landcruiser V8 at the cost N73.8million to April1616 Investment.
Other alleged contracts by Emefiele to Ms. Yaro are for the supply of two Toyota Hilux Shell Specification vehicles at N44.2million and for one Toyota Land Cruiser VXR V8 (contract no. PO026821) at N69million to April1616 Investment.
Another contract, numbered PO26822, allegedly signed in 2020, was for the supply of one Toyota Land Cruiser VXR V8 at N69million by Aprili616 Investment, a company in which Ms. Yaro is a director.
The prosecution said Ms. Yaro, while being employed by the CBN, knowingly held directly a private interest as director in Aprill1616 Investment Ltd and benefitted from a contract awarded to the company by CBN where she is employed, for the supply of 37 Toyota Hilux vehicles at the cost of $854,700,000.00.
Emefiele’s co-accused was charged with fraudulent acquisition of property contrary to Section 12 of the Corrupt Practices and Other Related Offences Act 2000.
The prosecution said she knowingly held directly a private interest as a director in Aprili616 Investment and accepted a contract for the supply of one Toyota Avalon at N99.9million.
Other supplies Ms. Yaro was alleged to have fraudulently made to the CBN while a staff, according to the prosecution, are for the supply of one Toyota Landcruiser V8 at N77,050,000; 47 Toyota Hilux vehicles (2.71) at the cost €1,085,700,000.00; ten Mercedes Benz armored buses at the cost of N2.2billion and two Toyota Hilux Shell Specification vehicles at the cost of N44.2milllion
The prosecution said it would tender seven exhibits and call at least seven witnesses to prove the case.
The defendants’ arraignment was stalled due to the absence of Ms. Yaro.
Director of Public Prosecution of the Federation, Mohammed Abubakar, told Justice Hamza Muazu that Mrs Yaro took ill in the morning.
He apologised to the court and applied for a new date for arraignment.
Counsel to Emefiele, Akinlolu Kehinde (SAN), did not oppose the new date.
Justice Muazu adjourned until August 23 for the arraignment.
Emefiele was returned to the Operatives of the Department of the State Service (DSS)
Court strikes out firearms charge against Emefiele
The Federal High Court sitting in Lagos struck out the “illegal firearms possession” charge filed by the Federal Government against Emefiele.
Justice Nicholas Oweibo made the order after granting an application by the Director of Public Prosecutions (DPP) in the Ministry of Justice, Mr. Mohammed Abubakar, to withdraw the two-count charge.
Abubakar relied on Section 108 of the Administration of Criminal Justice Act (ACJA), 2015.
The defence, through its lead counsel Mr. J.B. Daodu (SAN), had argued that the prosecution could not withdraw the charge unless the government first purged itself of its disobedience to the court’s July 25 order granting Emefiele N20million bail.
But Justice Oweibo, while condemning the government’s conduct, granted its application.
The judge wondered what good it would do to the defence if the court did not allow the withdrawal.
“The prosecution has shown signs that they are not law-abiding and have no respect for the court. The court cannot force them.
“What good will it be for the defendant who is in custody? Of what benefit will it be to keep the file in the court’s docket?
“I believe the proper thing is to allow them to withdraw the charge. They can simply abandon it and the court will still have to strike it out for lack of diligent prosecution. The application to withdraw is hereby granted,” Justice Oweibo said.
Emefiele has been in the custody of the State Security Service (SSS) (or self-styled Department of State Security, DSS) since June 10 following his suspension by President Bola Tinubu on June 9.
Following his arraignment on July 25 on a two-count charge of illegal possession of firearms and ammunition, Justice Oweibo granted him N20million bail and ordered his remand at the Ikoyi Correctional Centre of the Nigerian Correctional Services (NCoS) pending the fulfilment of his bail conditions.
But, the DSS did not allow the banker to be remanded in the NCoS’ custody.
It rearrested Emefiele after fighting off NCoS officials on the court’s premises.
Following proceedings on August 10, the court fixed Tuesday last week to hear two pending applications filed by parties.
The first application – filed by the Ministry of Justice on August 3 – sought leave to appeal against the N20m bail.
The second – filed by Emefiele on August 8 – asked the court to stop the Federal Government from further prosecuting him on the charge of illegal possession of a firearm and ammunition or any other charge.
When the matter came up Tuesday last week, the DPP made an oral application to the court seeking to withdraw the charges against Emefiele.
He stated that the application was informed by emerging facts and for circumstances that need further investigation, adding that the application was brought under Section 108 of the ACJA, 2015.
But Daudu opposed the move, submitting that the court could not hear the oral application because the prosecution had not complied with the court’s order granting Emefiele bail.
He also argued that there was no application before the court because the prosecution had not complied with the law and the rules of the court.
