On Thursday, the FCT High Court in Maitama, Abuja, heard from a prosecution witness that former Central Bank of Nigeria (CBN) Governor Godwin Emefiele did not benefit from the alleged fraudulent $6.23 million cash withdrawal from a CBN vault in February 2023, during his tenure. Eloho Okpoziakpo, the 14th prosecution witness and lead investigator into corruption allegations against Mr Emefiele following his removal in June 2023, provided this testimony during cross-examination by defence lawyer Matthew Burkaa, a Senior Advocate of Nigeria (SAN).
Background of the Charges
The $6.23 million allegation is one of 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 February 2023. The prosecution claimed the fraud was perpetrated using a false letter dated 26 January 2023 with Ref No. SGFF.43/L.01/201, purportedly issued by the Secretary to the Government of the Federation (SGF) requesting the CBN to provide $6.23 million as “a contingent logistic advance” based on an acclaimed presidential directive.
Witness Testimony on Withdrawal
Before cross-examination, Mr Okpoziakpo testified in his evidence-in-chief that Mr Emefiele approved 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.” During cross-examination, Mr Burkaa asked Mr Okpoziakpo if Mr Emefiele benefited from the funds in cash or transfer. Mr Okpoziakpo replied, “No, he did not.” Presenting 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.”
Denial of Presidential Directive
In February 2024, the then-Secretary to the Government of the Federation, Boss Mustapha, testified as the fourth prosecution witness and denied issuing the letter or the existence of any presidential directive or approval by then-President Muhammadu Buhari. The witness also referenced a letter from the SGF’s office purportedly forwarding a presidential approval of $6.23 million “for the elections observers commission.” Mr Okpoziakpo testified that some suspects confessed to the illegality of the cash withdrawal.
Beneficiaries and Confessions
Mr Burkaa asked 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 asked if the witness would be surprised that Mr Maishanu was promoted after Mr Emefiele left office. Mr Okpoziakpo replied, “I will be shocked.” However, Mr Oyedepo objected, arguing that Mr Burkaa was asking for the witness’s opinion and that Mr Maishanu’s promotion did not appear in any exhibits. Mr Burkaa presented Mr Maishanu’s statement, where he wrote that he assumed Mr Emefiele had knowledge of the transaction. The witness clarified that Mr Emefiele did not benefit and that Mr Abubakar collected the $6.23 million. He also noted that Mr Abubakar is not a staff member of the SGF office, is not standing trial, and that Mr Emefiele denied giving approval or signing for the withdrawal.
Forensic Examination of Signatures
Mr Burkaa challenged the witness that the EFCC carried out a forensic examination of Mr Mustapha’s signature to verify forgery. Mr Okpoziakpo said “it would have been desirable to carry out a similar forensic examination on Mr Emefiele’s signature.” He also told the court that part of the $6.23 million was recovered from Mr Maishanu and none from Mr Emefiele. During re-examination, Mr Okpoziakpo stated, “While he was governor of CBN, he had dominion over all funds, and the release of funds carried his approval.” The judge, Hamza Muazu, refused to allow further clarification on forensic documents, saying, “I will not allow the Investigative Police Officer to conclude his investigation in open court.” The witness was discharged, and the matter was adjourned until Friday.
Previous Testimonies on Forgery
In April, another witness, Chinedu Eneanya, said EFCC’s investigations revealed that the signatures of former President Muhammadu Buhari and Mr Mustapha were forged. On 13 February 2024, Mr Mustapha testified that Mr Buhari’s signature was forged to approve the cash withdrawal. A day earlier, former CBN controller Onyeka Ogbu told the court he received written approval from Messrs Buhari, Mustapha, and Emefiele for the payment. On 7 March 2024, forensic expert Bamaiyi Mairiga stated that documents used for the withdrawal were forged. Assistant Director Maishanu testified in January that the $6.23 million was withdrawn in cash in one day, tagged as payments to foreign observers for the 2023 general election.
