Alleged Procurement Fraud: Witness Contradicts Self, Says Emefiele Didn’t Influence Vehicle Contract to April 1616

Alex Enumah in Abuja

A witness of the Economic and Financial Crimes Commission (EFCC) Salawu Gana yesterday, contradicted himself when he informed the court that a former governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele did not influence the award of a car contract to a firm called April 1616.

The witness, who in his evidence in chief alleged that the process of the award of 45 contacts was guided to favour April 1616, a firm linked to a staff of the CBN, during cross-examination by Emefiele ‘s lawyer, Mr. Mathew Burka, a Senior Advocate of Nigeria (SAN), failed to tell the court how Emefiele influenced the process.

Gana during the continuation of his evidence which started on October 21, narrated how RT Briscoe, Globe Motors and April 1616 bided for the supplies of vehicles to the CBN.

“Out of the 45 contracts all were in favour of April 1616,” he had said, “Rt Briscoe and Globe Motors did not win any.”

However, under cross-examination by Emefiele ‘s lawyer, the witness admitted that he never indicated in his statement to the EFCC that Emefiele guided him to choose April 1616 as the preferred bidder in the 45 vehicle contracts.

Gana, who claimed to be the Head of the Procurement Office at the time the said contracts were awarded and also admitted that the award of the contracts followed due process of procurement laws and CBN guidelines.

Besides, Gana who testified as the 10th Prosecution Witness (PW10), admitted that of the three companies that bided for the 45 contracts, the price offered by April 1616 was the lowest, hence the award of the contract to the firm.

Emefiele’s lawyer: the reason given by CBN was because their bid was the lowest?

Witness: Yes

Emefiele’s lawyer: You were part of the process that made that recommendation?

Witness: Yes.

The witness also told the court that Emefiele only approved the contract after all the subordinates, including the witness recommended April 1616.

Emefiele’s lawyer: the governor only acted based on the recommendation of the other officers?

Witness: Yes.

Gana, further agreed before the court that since April 1616 supplied the said vehicles the former CBN governor was right to approve for their payment.

Emefiele’s lawyer: would you say the defendant did the right thing?

Witness: Yes.

Also answering further questions, the witness informed the court that he never saw any documents that showed that Emefiele was a director, shareholder or a signatory in April 1616.

He also stated that he has never seen any document where money was paid into the account of Emefiele in respect of the contract awarded to April 1616.

He also stated that he never received any instruction either by phone calls or sms messages from Emefiele that the contract be processed in favour of April 1616.

According to the witness, he has three other superiors he reported to as Head of Procurement Office, but none of the three superiors including himself are standing trial in any court over the award of the 45 contracts to April 1616.

He noted that the invitation for the bid was done through the motor vehicle team, adding that no member of the team is standing trial over April 1616.

“April 1616 was awarded the contract after going through the evaluation process”, he said.

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 charged against his client, adding that permitting them to go for additional witnesses would over reach the court.

The application was, however, vehemently opposed by EFCC’s lawyer on the grounds that the right of EFCC to fair hearing would 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.

Emeifele is standing trial on a- 20-count amended charge, preferred against him by the 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 is 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.