EFCC Opposes Emefiele’s No-Case Submission

The Economic and Financial Crimes Commission (EFCC) has urged the Federal Capital Territory High Court sitting in Maitama, Abuja, to dismiss a no-case submission filed by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, arguing that the prosecution has presented sufficient evidence to require him to enter his defence.

Emefiele is facing an amended 20-count charge bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy and obtaining money by false pretence.

The charges include allegations relating to the withdrawal of $6.23 million from the CBN and the alleged conferment of corrupt advantage in the award of contracts by the apex bank.

Prosecution counsel and Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, argued that the purpose of a no-case submission is to determine whether the prosecution has established a prima facie case against the defendant.

Oyedepo maintained that the court was not required to determine Emefiele’s guilt or assess the credibility of witnesses at this stage of the proceedings.

On the alleged $6.23 million withdrawal, the prosecution told the court that the funds were withdrawn from the CBN between February and June, before Emefiele’s removal from office.

According to the prosecution, the withdrawal was purportedly facilitated by letters attributed to former President Muhammadu Buhari and former Secretary to the Government of the Federation, Boss Mustapha.

Oyedepo argued that testimony from witnesses, including Mustapha and a forensic analyst, indicated that the letters used to facilitate the release of the funds were forged.

The prosecution urged the court to reject Emefiele’s application, insisting that the evidence presented during the trial established a prima facie case requiring him to respond to the allegations.

However, defence counsel, Mathew Burkaa, SAN, urged the court to discharge Emefiele, arguing that the prosecution had failed to establish the essential ingredients of the offences charged against him.

A no-case submission is an application by a defendant asking the court to end a case without requiring the defence to present evidence, on the grounds that the prosecution has failed to establish a case requiring an answer.

Justice Hamza Mua’zu said the date for ruling on the application would be communicated to the parties.

The court’s decision will determine whether Emefiele will be required to enter his defence or be discharged on the charges covered by the application.