Ex-CBN Director recounts in court, Emefiele argues against jurisdiction
By Jeph Ajobaju, Chief Copy Editor
Former Central Bank of Nigeria (CBN) Information and Technology Director John Ayoh has recounted in court how he collected $600,000 gratification from two contractors for former CBN Governor Godwin Emefiele, who is facing multiple charges of alleged abuse of office and financial fraud.
Ayoh made the disclosure at the Ikeja Special Offences Court under cross-examination by Olalekan Ojo, SAN the counsel to Emefiele (first defendant) before Judge Rahman Oshodi.
Ayoh, the second Prosecution Witness (PW2), told the court he did not work directly under Emefiele but reported to former CBN Deputy Governor Adebayo Adelabu (now Power Minister) between 2014 and 2019 when he (Ayoh) was at the CBN.
Ayoh said he was Head of Procurement and Support Services (PSS) with power to receive applications for award of contracts to select successful bidders, and the first envelope containing $400,000 for Emefiele was brought to his house in Lekki, Lagos.
He admitted sending through WhatsAPP his home address and phone number to one Adetona who brought the envelope to him.
Emefiele had earlier in the proceedings on Monday challenged the jurisdiction of the court to try him for abuse of office and alleged multi-billion dollar fraud.
In his motion on notice dated April 24, Ojo argued the court lacks the constitutional jurisprudence to hear the charges against his client.
“There is need to consider jurisdictional objection before allowing this case. This defendant ought not to be arraigned before this court on constitutional grounds. We are saying that charges against the first defendant are unconstitutional,” he told the Judge.
“I urge your lordship to toe the path of legality and constitutionality to determine this application.”
Kazeem Gbadamosi, counsel to Henry Isioma-Omoili (second defendat), aligned with Ojo’s submission.
“The foundation has been laid,” he stressed. “I do not see how I can depart from the submission of my learned brother. I urge the court to take appropriate position on jurisdiction before going into the matter.”
EFCC counsel Rotimi Oyedepo, SAN countered, urging the court to ignore the submission of the counsel to defendants and to toe the path of legality.
“It is illegal and unconstitutional for this court to prevent the trial of this case or refer trial of the case on the basis of objection challenging the particulars of information under cloak of unconstitutionality,” Oyedepo argued.
He cited Section 1 of the Administration of Criminal Justice Act (ACJA) and insisted the intention of the defence is to prevent or delay trial.
“It is in that context that section 374 of ACJA was enacted,” Oyedepo stressed.
Oshodi deferred ruling on jurisdiction until a later date but ruled the first to eighth defendants would henceforth give evidence in public glare.
The ruling followed the withdrawal of an application filed earlier by Oyedepo on the arraignment of Emefiele.
The Judged ruled that “This application to have trial in camera is now struck out having been withdrawn. The matter is now to be conducted in the full public glare.”
Thereafter, Ayoh gave his testimony.
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