UPDATED: Judge strikes out 2 charges against Emefiele, says DSS incapable of obeying court orders

Justice Nicholas Oweibo of a Federal High Court sitting in Lagos on Thursday strike out the 2-counts charge of possession of firearms and ammunition preferred against the suspended Central Bank of Nigeria governor, Godwin Emefiele.

The court strike out the case sequel to an oral application by the Federal Government last Tuesday to withdraw the charge and discontinue the trial of the embattled erstwhile CBN governor.

The defence counsel for Emefiele, Joseph Daudu (SAN) had opposed the application, arguing that it was an oral instead of coming in form of written application. He further argued that the Federal Government has strictly disobeyed the order of court by refusal to release Emefiele to Nigerian Correctional Services till the perfection of his bail.

Following arguments by counsel to parties, the judge adjourned till Thursday (today) for ruling.

Ruling on the application on Thursday, the judge held that the complainant has shown signs of disobedience to the court order. Therefore to save and protect the integrity of the court, it is better to strike out the charge as the complainant will likely not obey any order or ruling unfavourable to them.

“The prosecution is not willing to obey the court order and therefore to preserve the integrity of the court is to allow the withdrawal of the charge.

The charge is hereby strike out ” the judge ruled.

Meanwhile the scheduled arraignment of the suspended Godwin Emefiele and two others before a Federal Capital Territory (FCT) High Court Thursday (today) was stalled due to the absence of the second defendant in court.

Though Godwin Emefiele was brought to court by the Department of State Security Service (DSS) but did not bring the second defendant Sa’adatu Yaro, a female staff of CBN.

The DSS told the court that Sa’adatu Yaro took ill in the morning of today and therefore unfit to stand for arraignment.

Consequently, the court adjourned the matter to August 23 for arraignment.

Emefiele was to be arraigned alongside an employee of the CBN, Sa’adatu Yaro, and a firm, known as April 1616 Investment Ltd on Thursday.

Recall that the Federal Government, through the DPP of Ministry of Justice had on last Tuesday applied to withdraw an earlier two-count charge in which Emefiele was arraigned in Lagos.
On Thursday (today) the court granted the application to withdraw the charge and consequently struck out the charge.

In the new charge preferred against him, the suspended CBN boss and the other defendants are accused of engaging in conspiracy and procurement fraud, among others

He is also accused of conferring corrupt advantages on his associates, including Yaro, said to be a director in April 1616, to the tune of N6.9 billion.

According to the charge as reported, some of the items allegedly procured unlawfully by the defendants are vehicles bought between 2018 and 2020. They comprise 84 Toyota Hilux vans; 10 armored Mercedes Benz buses; three Toyota Land Cruisers and one Toyota Avalon.

Some counts in the charge read:
“That you, Godwin Ifeanyi Emefiele (male, adult), Sa’adatu Ramallan Yaro, (female, adult), and April 1616 Investment Ltd, sometime in 2019 did conspire amongst yourselves to use the office of Mr Godwin Ifeanyi Emefiele as governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 1 (No.) Toyota Landcruiser V8 at the cost of N73,800,000 only to April 1616 Investment Ltd.

*That you, Godwin Ifeanyi Emefiele (male, adult) sometime in 2018 did use your position as governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff member of the Central Bank of Nigeria by awarding a contract for the supply of 37 (Nos.) Toyota Hilux Vehicles at the cost of N854,700,000 only to April 1616 Investment Ltd, a company in which she is a director, and thereby committed an offence.

*That you, Sa’adatu Rammala Yaro, sometime in 2018 while being employed at the CBN knowingly held directly a private interest as a director in April 1616 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.

*That you, Sa’adatu Rammala Yaro, sometime in 2018 while being employed at the CBN knowingly held directly a private interest as a director in April 1616 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 armored buses at the cost of N2, 222, 500,000 and thereby committed an offence.

The suspended CBN governor was further accused of conferring corrupt advantage on Yaro by allegedly awarding contracts for the supply of one Toyota Avalon at the cost of N99.9million to April 1616 Investment Ltd in 2019; two Toyota Hilux (Shell specification) vehicles at the cost of N44.2 million sometime in 2020, and one Toyota Land Cruiser VXR valued at N96 million in 2020.

Emefiele was also accused of awarding a contract for the supply of another Toyota Land Cruiser V8 for N77.050 million to the third defendant in 2018.

Yaro is also accused of fraudulently acquiring property for getting a contract from the CBN for the supply of 47 Toyota Hilux vans at the cost of N1, 085, 700,000 and thereby committed a punishable offence.”