N6.9bn Procurement Fraud: FG Arraigns Emefiele, Allies Thursday
The Federal Government will on Thursday arraign the suspended Central Bank of Nigeria Governor, Godwin Emefiele and his associates for N6.9 billion procurement fraud at the Federal Capital Territory High Court, Maitama, Abuja.
The case is for arraignment and mention.
Emefiele will be arraigned alongside a female CBN employee, Sa’adatu Yaro and her company, April1616 Investment Limited on 20 charges of procurement fraud, conspiracy and conferring corrupt advantages on his associates.
Emefiele, who had been in detention since he was suspended from office on June 9 by President Bola Tinubu, was accused of conferring corrupt advantages on Yaro, a director in April 1616 Investment Ltd.
The offence is contrary to section 19 of the Corrupt Practices and Other Related Offences Act 2000.
Yaro was similarly accused of fraudulent acquisition of property for getting a contract from the CBN for the supply of 47 Toyota Hilux vehicles at the cost of N1,085, 700,000 and thereby committed a punishable offence.
Count 10 read, “That you, Sa’adatu Rammala Yaro, female, adult, sometime in 2018 within the jurisdiction of this honourable court while being employed at the CBN knowingly held directly a private interest as director in April1616 Investment Ltd., in a contract awarded to the said company, for the supply of 47 Toyota Hilux vehicles at the cost of N1,085, 700,000 and thereby committed an offence.’’
Count 11, “That you, Sa’adatu Rammala Yaro, female, adult, sometime in 2018 within the jurisdiction of this honourable court while being employed at the CBN knowingly held directly a private interest as director in April1616 Investment Ltd., in a contract awarded to the said company, emanating from the CBN where you are employed, for the supply of 10 Mercedes Benz armoured buses at the cost of N2,222, 500,00 and thereby committed an offence.’’
Listed as witnesses against the defendants were the CBN Director of Procurement, Stanley Alvan; CBN Head of Procurement, Mike Agboro, Tahir Jafar, David Usman and “any other witnesses to be supplied later in the additional proof of evidence.’’
Meanwhile, a Federal High Court in Lagos has fixed the ruling on the application to withdraw the illegal possession of firearms charges against Emefiele for Thursday.
Justice Nicholas Oweibo fixed the date after listening to the arguments of the DPP, Abubakar and Emefiele’s counsel, Joseph Daudu SAN.
At the last adjourned date, the matter was slated for a hearing of pending applications seeking to stay the execution of the bail and application compelling the complainant to obey the court orders.
But when the matter came up on Tuesday, the DPP made an oral application to the court to withdraw the charges against Emefiele.
He stated that the application was informed by emerging facts and circumstances that required further investigations and urged the court to grant the application.
Abubakar said the application was pursuant to sections 174 (1) (c) (2) and 108 (2) (4).
But the defence counsel disagreed with the prosecution’s oral application, arguing that because the government was in disobedience of the court’s order granting Emefiele bail, its application should not be taken.
He said, “There is no application before the court, there is no doubt and I am not disputing the facts that the state can withdraw any charge before the court against any person.”
Daudu further said that in the past the argument was that there was no Attorney General of the Federation who could handle the case.
He cited section 174 (3) of the Constitution that the AGF has power that can be devolved to any of its officials.
The senior lawyer stated, “We have an application that the AGF has flouted the court order which says the respondent/ defendant should be remanded at the Nigeria Correctional Service but they are not obeying the order.
“The court granted order of substituted service to be published in three national dailies and after they brought an application of stay of execution of the bail and we say unless they obey, that order section 174 (1) can only be by nolle prosequi (I do not want to prosecute).
“It must be in writing, I have never heard of the withdrawal of a case without a nolle prosequi; for the interest of justice we need to prevent abuse of legal processes.’’
“Every application they brought against any citizen of this country under section 174 is nolle prosequi; the government cannot come before the court orally for that. It’s to be by nolle prosequi. At this point in time, there is no application before the court.
“I urge the court to reject the application and order the learned DPP to go on with today’s business,” he maintained.
While responding to the defence argument, Abubakar submitted that nolle prosequi was different from withdrawal and cited section 108 of the Administration of Criminal Justice Act 2015.
The judge had on July 25 admitted Emefiele to N20m bail on two-count charge of illegal possession of firearms and ammunition and ordered his remand at the Ikoyi Correctional Centre, pending when he is able to perfect his bail conditions.
But the Department of State Security operatives rearrested the embattled bank chief after fighting off NCoS officials on the court’s premises.