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

In a recent session at the Federal Capital Territory (FCT) High Court, a witness from the Economic and Financial Crimes Commission (EFCC) testified about preferential treatment given to a company, April 1616, in vehicle supply contracts during the tenure of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele. The witness, Stephen Gana, who is the tenth prosecution witness, detailed his experience as the Head of Procurement at CBN, revealing that the bank acquired Toyota vehicles from April 1616 through direct procurement, with Emefiele’s approval. He noted that the total cost for these vehicles was approximately N99,900,000, staying within Emefiele’s approval limit of N100 million.

Gana further explained that the procurement process included a selective bidding where two Toyota Hilux vehicles were contracted for N23,100,000 each, awarded to April 1616 as they offered the lowest bid that aligned with CBN’s internal estimates. The court was informed that CBN’s contracts could be awarded through direct procurement or selective bidding, depending on the guidance from the Procurement Department.

Emefiele, who faces a 20-count criminal charge that includes conspiracy and breach of trust, was previously charged alongside Mrs. Sa’adatu Yaro, a former CBN employee, and April 1616; however, the charges against them were dropped in an amended indictment to which Emefiele has pleaded not guilty.

During the proceedings, Emefiele’s attorney, Mr. Matthew Burkaa, SAN, addressed a motion opposing the prosecution’s attempt to introduce three additional witnesses, arguing that their testimonies were gathered long after the original charges had been filed—in this case, a year later. He stated that the prosecution’s actions indicated that they were still actively investigating, which undermined Emefiele’s right to a fair hearing.

Burkaa emphasized that this “evidence shopping” violates both the defendant’s rights and established prosecutorial guidelines, prompting him to request the court to strike the amended evidence from the record.

In response, the EFCC’s lead counsel, Mr. Rotimi Oyedepo, SAN, opposed the motion but asked the court to issue a ruling alongside the primary judgement. The presiding judge, Justice Hamza Muazu, decided to postpone the hearing for the motion and scheduled a continuation of the trial for November 13, 2024, where further evidence is expected to be presented, along with possible cross-examination of witness Gana.