The FCT High Court in Maitama, Abuja, heard from a prosecution witness on Thursday that former Central Bank of Nigeria (CBN) Governor Godwin Emefiele did not benefit from the the alleged fraudulent $6.23 million cash withdrawal from a CBN vault in February 2023, during his tenure in office.
Eloho Okpoziakpo, the 14th prosecution witness who led the investigation into a litany of corruption and sharp practices allegations against Mr Emefiele following his removal from office in June 2023, fielded questions on the withdrawal during cross-examination by defence lawyer Matthew Burkaa, a Senior Advocate of Nigeria (SAN).
The $6.23 million allegation is part of the 20 charges on which the Economic and Financial Crimes Commission (EFCC) is prosecuting Mr Emefiele. Other charges include criminal breach of trust, forgery, obtaining by false pretence, conspiracy to commit forgery, procurement fraud, and conspiracy to commit a felony.
In Count 20 of the indictment, the prosecution alleged that Mr Emefiele and his aide, Odoh Eric Ocheme, who is said to be at large, “knowingly obtained by false pretence” $6.23 million from CBN on 8 Februrary 2023.
The prosecution alleged that the suspects perpetrated the fraud using a false letter dated 26 January 2023 and with Ref No. SGFF.43/L.01/201 purportedly issued by the Secretary to the Government of the Federation requesting the CBN to provide $6.23 million as “a contingent logistic advance” based on an acclaimed presidential directive. In his testimony as the fourth prosecution witness in Feburary 2024, the then-Secretary to the Government of the Federation, Boss Mustapha, denied issuing the letter and the existence of any such presidential directive or approval by then-President Muhammadu Buhari.
Earlier before facing fielding questions from the defence on Thursday, Mr Okpoziakpo, the lead investigator, testified in his evidence-in-chief that Mr Emefiele gave an approval for the withdrawal. Led by the Director of Public Prosecutions of the Federation (DPPF) Rotimi Oyedepo, a SAN, the witness described the withdrawal as “pure theft.”
The defence team began cross-examining the witness on Thursday after he concluded his evidence-in-chief.
During the cross-examination session, Mr Burkaa, the lead defence lawyer, specifically asked Mr Okpoziakpo if Mr Emefiele benefited from the funds in cash or transfer.
Mr Okpoziakpo replied, “No, he did not.”
Presenting the witness with an exhibit, Mr Burkaa asked if the person who collected the money is known and stated in the document. The witness replied, “Yes.”
Asked to read out the name, Mr Okpoziakpo said, “Jubril Abubakar.”
In April, the witness testified about approving documents that facilitated the alleged fraudulent withdrawal.
Mr Okpoziakpo also referenced a letter from the Secretary to the Government of the Federation (SGF)’s office purportedly forwarding a presidential approval of $ 6.23 million “for the elections observers commission.”
In April, Mr Okpoziakpo said some suspects confessed to the illegality of a $6.23 million cash withdrawal from the vault of the CBN during Mr Emefiele’s tenure as the governor of the bank.
The beneficiaries
The witness informed the court that he interviewed several staff members of CBN during the investigation.
Mr Burkaa asked him about Bashirudeen Maishanu and whether he confessed to stealing the money. Mr Okpoziakpo replied, “Yes, he did.”
When asked if Mr Maishanu was under trial, the witness said he was not aware.
Mr Burkaa again asked if the witness would be surprised that, rather than facing a jury, Mr Maishanu was promoted after Mr Emefiele left office as CBN governor.
Mr Okpoziakpo replied, “I will be shocked.”
However, Mr Oyedepo objected to the line of questioning. He argued that Mr Burkaa was asking for the opinion of the witness, and Mr Maishanu’s promotion did not appear in any of the exhibits in court, making it irrelevant to the case.
Responding, Mr Burkaa said he was not asking for an opinion but for Mr Okpoziakpo’s professional input since he was an investigator in the case.
Mr Burkaa also presented Mr Maishanu’s statement to the witness, where he wrote that he assumed that Mr Emefiele had knowledge of the transaction Eric carried out.
It was at this point that the witness clarified that Mr Emefiele did not benefit from the money and Mr Abubakar collected the contested $6.23 million.
The witness also stated that Mr Abubakar is not a staff member of the SGF office.
He also noted that Mr Abubakar is not standing trial and that Mr Emefiele, while he was being investigated , denied giving approval or signing on the $6.23 million withrawal.
“I recall that on December 13, 2023, we were at Kuje correctional centre, where the defendant made his statement in relation to his office on the $6.23 million.
“In the process, the defendant denied signing for the approval or release of the money.
“The defendant also denied receiving any letter from SGF. He also stated that the signature on the documents that related to the approval and release of the money was not his.”
Mr Burkaa then shifted the court’s attention to a statement made by former SGF, Boss Mustapha, to another investigator, Jim Obaze, on how his signature was forged.
No forensic examination of Mr Emefiele’s signature
Mr Burkaa then challenged the witness that the EFCC carried out a forensic examination of Mr Mustapha’s signature to verify the alleged forgery.
Reacting to this, Mr Okpoziakpo said “it would have been desirable to carry out a similar forensic examination on Mr Emefiele’s signature,” as it was in the case of Mr Mustapha.
He also told the court that part of the contested $6.23 million was recovered from Mr Maishanu and none from Mr Emefiele.
‘Emefiele had dominion over CBN funds’
Thereafter, the DPPF sought to re-examine the witness on Mr Emefiele’s authority as CBN’s governor and the statement on the forensic examination he made.
Mr Okpoziakpo said, “While he was governor of CBN, he had dominion over all funds, and the release of funds carried his approval.”
Mr Oyedepo then asked that the exhibits be presented to the witness to clarify the desirability of the forensic document.
But Mr Burkaa objected, arguing that there was nothing ambiguous to clarify and the documents to be presented to the witness had no relevance to his testimony.
He urged the court not to permit the clarification.
After listening to their arguments, the trial judge, Hamza Muazu, agreed with Mr Burkaa and refused the question. “I will not allow the Investigative Police Officer (IPO) to conclude his investigation in open court.”
Thereafter, the witness was discharged, and the judge adjourned the matter until Friday.
In April, another witness, Chinedu Eneanya, said EFCC’s investigations revealed that the signatures of the former President, Muhammadu Buhari and Mr Mustapha were forged to collect the money the anti-graft agency is querying.
Both Messrs Mustapha and Maishanu have testified on the forged signatures.
On 13 February 2024, Mr Mustapha—who served as the SGF under President Muhammadu Buhari—testified as a prosecution witness in the ongoing trial.
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In his testimony, Mr Mustapha said Mr Buhari’s signature was forged to give approval to the cash withdrawal of $6.2 million from the CBN vault.
Similar testimonies
A day before Mr Mustapaha testified, a former controller at the CBN in Abuja, Onyeka Ogbu, told the court that he received the written approval given by Messrs Buhari, Mustapha, and Emefiele for the cash payment.
Mr Mustapha, who testified as the fourth prosecution witness for the EFCC, said his signature and Mr Buhari’s were forged by people who pilfered the $6.23 from the CBN vault on 8 February 2023.
Similarly, on 7 March 2024, Bamaiyi Mairiga, a forensic expert, told the court that documents used to facilitate the withdrawal of $6.23 million from the CBN were forged.
The 11th prosecution witness, Mr Maishanu, an assistant director in CBN, testified in January that the $6.23 million was withdrawn in cash from a CBN vault in one day in February 2023, during Mr Emefiele’s tenure as governor of CBN.
However, Mr Maishanu narrated the roles he played in facilitating the suspicious cash withdrawal. He said the money was tagged as payments to foreign observers for the 2023 general election.
