Court

Alleged procurement fraud: CBN’S Contract awards for vehicles supply followed due process– EFCC witness

A witness of the Economic and Financial Crimes Commission (EFCC) Salawu Gana on Monday told a Federal Capital Territory High Court in Abuja that the contract awards for vehicles purchase by the Central Bank of Nigeria (CBN) passed through due process of procurement laws and CBN guidelines.

Gana who testified as the 10th witness of the EFCC admitted that quotations for supplies of vehicles were received from three major Motor Companies in the country, namely, RT. Briscoe, Globe Motors and April 1616 firm.

The witness said that the Procurement Department of the CBN after evaluating the quotations, vetted the submissions of the three companies and recommended April 1616 firm for the contract award.

Under cross examination by Matthew Burkaa, SAN, lead counsel to the former governor of the CBN, Godwin Emefiele, the witness said the defendant subsequently gave approval for the contract award to the winner (April 1616) upon the recommendations of the CBN Tenders Board.

He admitted that the vehicles were supplied after which the company (April 1616) was paid upon the recommendations of Tenders Board and approval of the defendant.

The witness who claimed to be Head of the Procurement Unit during the award of contracts said that the defendant (Emefiele) was not a member of the CBN Tenders Board.

He also admitted that non of the five procurement officers who recommended April 1616 company for the award including himself had been put on trial by the anti-graft agency.

Answering another question, Gana said that he has not come across any document or evidence where money was paid from April 1616 bank account to the the defendant.

He added that from the registration certificate of the firm (April 1616), the winner of the contract , Emefiele was not a director , shareholder or a signatory to the company ‘s account.

Responding to another question, the witness told the court that Emefiele did not direct or influence him either through phone calls or SMS messages to favour April 1616 in the procurement recommendations.

He said further that he was not reporting directly to Emefiele but to a Director, Mr Ekanem Akpan as his direct boss in the office.

Earlier, EFCC counsel, Rotimi Oyedepo, SAN, had tendered bundles of exhibits relating to biddings for 45 different contracts for supplying of vehicles to the CBN by April 1616, RT Briscoe and Globe Motors.

The witness during evidence in chief told the court that April 1616 got the contract awards because the company quoted the least cost prices among the three.

Meanwhile, Emefiele through his counsel, Matthew Burka has applied to the court to prohibit EFCC from calling additional witnesses after the 10 witnesses listed on the proof of evidence have already testified.

Burkaa while moving the application argued that the anti-graft Agency had tendered all necessary documents relating to the alleged procurement fraud charges against his client adding that permitting them to go for additional witnesses will over reach the court.

The application was however, vehemently opposed by EFCC lawyer on the grounds that the right of EFCC to fair hearing will be violently breached.

He therefore pleaded with the court to reject the application in the interest of justice.

Meanwhile, Justice Hamza Muazu has fixed March 20 for ruling on the application.

Emefiele was brought to court on a- 20-count amended charge, preferred against him by the Economic and financial Crimes Commission (EFCC).

He was alleged to have engaged in criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

Among the allegations was that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

He was also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in a charge marked: FCT/HC/CR/577/2023.