Alleged Procurement Fraud: ‘April 1616’ Got Preferential Treatment, Witness Tells Court

*As Emefiele alleges EFCC fishing for additional evidence

Alex Enumah in Abuja

A witness of the Economic and Financial Crimes Commission (EFCC) on Monday told a Federal Capital Territory (FCT) High Court, that a company, April 1616, was given preferential treatments in the award of contract for the supply of vehicles under former governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele.
The witness, Stephen Gana, stated this in his evidence as the 10th witness of the prosecution (PW10) in the trial of Emefiele, who is facing a 20-count criminal charge of conspiracy, conferring undue advantage, and breach of trust, among others.
Besides, the anti-graft agency in the charge alleged 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 alleged to have used his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in suit marked: FCT/HC/CR/577/2023.
Recall that Emefiele was initially charged alongside a former staff of the CBN, Mrs Sa’adatu Yaro, and April 1616, allegedly linked with Mrs. Yaro.
But the Commission dropped Yaro and April 1616, in the amended 20 count charge, to which Emefiele pleaded not guilty.
At the resumed trial on Monday, the witness confirmed that he was in office during the period that contracts for vehicles contained in Exhibits F4 to F45 were approved.
Gana, who claimed to be the Head of Procurement Department then, informed the court that Toyota vehicles obtained at the cost of N99,900,000 was acquired by the CBN from April 1616 through direct procurement, approved by Emefiele, adding that the purchase was within his approval limit of N100 million.
Referring to Exhibit F5, Gana said two Toyota hilux were obtained at the cost of N23,100,000 each through selective biding.
The witness further stated that April 1616, which was among two others, was awarded the contract having placed the lowest bid and aligning with CBN’s inhouse estimate of the same sum.
Meanwhile, the witness noted that the CBN contracts could be awarded through direct procurement or selective bidding depending on the guidance of the Director of Procurement Department who works in team with the Deputy Director, the Head of Procurement (himself) and the Procurement Officer.
Earlier, Emefiele’s lawyer, Mr Matthew Burkaa, SAN, drew the court’s attention to a motion he filed in opposition to the prosecution’s amended Proof of Evidence for three additional witnesses.
He predicated the application on the grounds that the evidence of the additional witnesses was obtained by the EFCC one year after the charge against Emefiele was filed.
According to Burkaa, the charge before the court was filed on August 14, 2023 and have been severally amended by the prosecution.
The defense lead counsel Burkaa while observing that the charge commenced on November 28, 2023, argued that upon filing the charge, the prosecution manifested that it had concluded investigation and a prima facie case established in their opinion against the defendant.
He added that the filing of the additional Proof of Evidence by the EFCC on October 15, 2024, seeking to introduce fresh evidence of Tommy Odama and Ifeanyi Omeke, only confirms that investigation on the allegations against the defendant in respect of this charge is still ongoing, despite the filing of the charge and commencement of full trial.

Burkaa subsequently submitted that the filing of the amended Proof of Evidence, shows that the EFCC is shopping for evidence against the defendant, adding that this act of fishing for evidence irredeemably violates the defendant’s rights to fair hearing as well as the Code of Conduct & Prosecutorial Guidelines for Federal Prosecutors.

He therefore urged the court to strike out from the charge, the prosecutor’s additional Proof of Evidence of witnesses filed on October 15, 2024 containing the extra judicial statements of Ifeanyi Oneke and Tommy Odama made to the EFCC on August 6, 7 and 8, 2024, in respect of this particular charge filed since August 14, 2023.

Responding, EFCC’s lead counsel, Mr. Rotimi Oyedepo, SAN, who opposed the hearing of the motion however, urged the court to deliver its ruling alongside the main judgement.

But Justice Hamza Muazu, however held that the court will fix a date for the hearing of the motion and ruling delivered.

He subsequently adjourned till November 13, 2024 for continuation of evidence and possible cross examination of the PW 10.