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“Fed Govt charges Emefiele and associates on Thursday for N6.9bn procurement fraud.”

“On Thursday, the Federal Government is set to bring to trial the suspended Governor of the Central Bank of Nigeria, Godwin Emefiele, and his associates for their alleged involvement in a N6.9 billion procurement fraud. This legal action will take place at the Federal Capital Territory High Court in Maitama, Abuja.

The court session will involve both the arraignment and mentioning of the case. Emefiele will be facing charges alongside Sa’adatu Yaro, a female employee of the CBN, and her company, April1616 Investment Limited. The charges include 20 counts related to procurement fraud, conspiracy, and the granting of corrupt advantages to associates.

Emefiele, who had been under detention since his suspension from office on June 9 by President Bola Tinubu, stands accused of offering corrupt benefits to Yaro, who is a director at April 1616 Investment Ltd.

The alleged offence runs afoul of section 19 of the Corrupt Practices and Other Related Offences Act 2000. If found guilty, Emefiele could face a maximum sentence of five years in prison without the possibility of a fine.

According to the section in question, “Any public officer who uses his office or position to gratify or confer any corrupt or unfair advantage upon himself or any relation or associate of the public officer or any other public officer shall be guilty of an offence and shall on conviction be liable to imprisonment for five years without an option of fine.”

The charges, which were endorsed by Mohammed Abubakar, the Director of Public Prosecutions at the Federal Ministry of Justice, as well as Mrs. N Jones-Nebo, the Deputy Director of Public Prosecution, and eight other ministry officials, detail that the three individuals on trial are alleged to have purchased a fleet of over 98 luxury vehicles and armored buses with a total value of approximately N6.9 billion.”

“Several vehicles were purchased between 2018 and 2020, which included 84 Toyota Hilux vehicles, 10 armored Mercedes Benz buses, three Toyota Landcruisers, and a Toyota Avalon car.

In count one, it is alleged that Godwin Ifeanyi Emefiele used his position as the Governor of the Central Bank of Nigeria in 2018 to provide a corrupt advantage to Sa’adatu Ramallan Yaro. This was accomplished by awarding a contract worth N854,700,000 to April 1616 Investment Ltd, a company where Yaro serves as a director. This act is considered an offense under the Corrupt Practices and Other Related Offences Act 2000, specifically for conferring corrupt advantages.

The Federal Government also accused Emefiele of conspiring to grant a corrupt advantage to the second defendant. This conspiracy allegedly took place in 2019 and is in violation of sections 26 (c) and 19 of the Corrupt Practices and Other Related Offences Act 2000, punishable under Section 19 of the same Act.

The charges further state that in 2019, Emefiele conferred a corrupt advantage on Yaro by awarding a contract worth N73,800,000 for the supply of a Toyota Landcruiser V8 to April1616 Investment Ltd.

Similarly, Emefiele allegedly awarded a contract in 2019 for the supply of a Toyota Avalon to April1616 Investment Ltd at a cost of N99.9 million.

Additionally, Emefiele was accused of awarding a contract for the supply of another Toyota Landcruiser V8 to the third defendant in 2018, with a value of N77.050 million.

Emefiele’s associate is implicated in these allegations.”

“The former CBN governor allegedly collaborated with Yaro to provide improper advantages to the CBN staff member by awarding her a contract to supply two Toyota Hilux vehicles with Shell specifications at a cost of N44.2 million in 2020.

Emefiele was also accused of awarding an additional contract to Yaro and her company for the acquisition of a Toyota Landcruiser VXR valued at N96 million in 2020.

Yaro faced similar allegations of fraudulent property acquisition, stemming from her procurement of a contract for the supply of 47 Toyota Hilux vehicles to the CBN at a cost of N1,085,700,000. This action is deemed an offense.

According to count 10, “Sa’adatu Rammala Yaro, while employed at the CBN, knowingly held a direct private interest as a director in April1616 Investment Ltd. in a contract awarded to the company for the supply of 47 Toyota Hilux vehicles at a cost of N1,085,700,000, thereby committing an offense.”

Count 11 states that “Sa’adatu Rammala Yaro, while employed at the CBN, knowingly held a direct private interest as a director in April1616 Investment Ltd. in a contract awarded to the company through the CBN where she was employed, for the supply of 10 Mercedes Benz armored buses at the cost of N2,222,500,000, thereby committing an offense.”

Witnesses against Emefiele

“The CBN Director of Procurement, Stanley Alvan; CBN Head of Procurement, Mike Agboro; Tahir Jafar; David Usman, and any other forthcoming witnesses were listed to testify against the defendants.

Meanwhile, a Federal High Court in Lagos has scheduled a ruling for Thursday on the application to drop charges related to the illegal possession of firearms against Emefiele.

Justice Nicholas Oweibo fixed this date after hearing arguments from both the DPP, Abubakar, and Emefiele’s counsel, Joseph Daudu SAN.

During the previous adjournment, the session was meant for addressing pending applications concerning staying the execution of bail and compelling the complainant to comply with court orders.

However, on Tuesday, the DPP orally applied to withdraw the charges against Emefiele due to new emerging facts and circumstances that required further investigation. Abubakar requested the court’s approval for this application, invoking sections 174 (1) (c) (2) and 108 (2) (4).

The defense lawyer disagreed with the prosecution’s oral application, asserting that the government’s non-compliance with the court’s bail order should prevent the application from being entertained.

Daudu noted that previously, the argument was that there was no Attorney General of the Federation available to handle the case. He referred to section 174 (3) of the Constitution, which allows the AGF’s powers to be delegated to officials.

Daudu stated, “For the interest of justice, we need to prevent abuse of legal processes.” He further emphasized the necessity of a formal nolle prosequi for the withdrawal of a case.

Abubakar responded by differentiating nolle prosequi from withdrawal and cited section 108 of the Administration of Criminal Justice Act 2015.

On July 25, the judge granted Emefiele bail on charges of illegal possession of firearms and ammunition, setting the bail at N20 million and ordering his remand at the Ikoyi Correctional Centre. However, the Department of State Security operatives rearrested Emefiele after a confrontation with NCoS officials on the court’s premises.”

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