By Vivian Okejeme
The Special Investigator appointed by President Bola Tinubu that probed the Central Bank of Nigeria CBN under Godwin Emefiele, Mr Jim Obaze, has demanded immediate trial of the late former President Muhammadu Buhari and former Secretary to the Government of the Federation (SGF), Mr Boss Mustapha.
The investigator is dragging then to court over their alleged complicity in the stealing of $6. 2 million in the Foreign Exchange Account of the federal government, domicile at the Central Bank of Nigeria.
He told Justice Hamza Muazu that Buhari should be posthumously prosecuted while Boss Mustapha and a former governor of the CBN, Godwin Emefiele, should be docked.
Obaze is an Economic and Financial Crimes Commission (EFCC) prosecution witness in the 20-count conspiracy, abuse of office, and fraud brought against Emefiele.
Led in evidence by the Director of Public Prosecution of the Federation, Mr Rotimi Oyedepo, SAN, Obaze make the demand in in his evidence when his attention was drawn to a letter, from the Presidency said to have been signed by late President Buhari, for the release of the $6.2 million and another letter by the office of the SGF, ordering the former CBN governor to effect the release of the money to one Jibril Abubakar, introduced as a staff of the office of the SGF to collect the money.
There were subsequent letters and extra-judicial statements by Boss Mustapha that late President Buhari and himself knew nothing about the earlier letter ordering the release of the $6.2 million to Abubakar, for logistic payment for Foreign Election Observers.
In the extra judicial statement and oral evidence before the Court, Boss Mustapha had repeatedly denied knowledge of the transactions and alleged that all documents including the one ascribed to Buhari were forged by the looters aided by the CBN staff.
Obaze said that the situation with Nigeria is a very unfortunate one, especially for the federal government to have put only Emefiele on trial in an alleged fraud that involved more than 10 people.
He therefore , dismissed the denial of involvement in the fraud by the Presidency and the former SGF and demanded in the open court that Mustapha must be brought into the dock alongside Emefiele.
He also demanded the prosecution of the Manager of Abuja branch of the CBN, on the grounds that the looted fund was released to the suspected criminals without carrying out due diligence.
He explained that by the CBN Act, the N2.8 billion naira equivalent of $6.2 million ought to have been deposited before the $6.2 million can be officially released.
Besides Buhari, Mustapha and Emefiele, the witness also demanded that Justice Hamza Muazu should order the arrest and prosecution of Jibril Abubakar, who collected the fund on the purported authority of the SGF office and Bashirudeen Maishanu, a current staff of the CBN, who claimed to be one of those who stole the money and refunded $856,500, to the special investigation panel and deposited with the CBN.
“For actions and inactions, Buhari ought to be charged and must be charged along with Emefiele in this $6.2 million fraud, even if posthumously since national honours are given posthumously.
“As for Boss Mustapha, as far as I am concerned, he did deny to me that he did not sign the documents from his office which initiated the request for the $6. 2m and led to the release of the amount to a person who claimed to be a staff of his office.
“Whatever you are doing to Emefiele by way of prosecution ought to have been done to Buhari, Mustapha, Maishanu and former board members of the CBN under Emefiele
” If all of them are prosecuted, it will serve as deterrent and problems of Nigeria will be reduced and eliminated by 50 percent ”
“I just hope that all of them would be lined up in this dock with Emefiele and this must include Maishanu, who returned to me $856,500”.
Under cross examination by Mathew Burka, SAN, the lead counsel to Emefiele, the witness told the court that he did not recover any money from the former CBN governor and that there was no evidence of any transfer of any money to his account by the looters.
He however said that by presumption, Emefiele is supposed to have knowledge of the alleged fraud if the CCTV and BVN portal in the Abuja branch office of the CBN had been put to use before the money was released to looters.
The witness further stated that the disappearance of the money ought to have been detected in the annual financial statement of the CBN if all those in charge had been diligent.
The witness stated that that he was invited by President Tinubu on December 19, 2023 and that in the presence of the Attorney General of the Federation and chairman of the EFCC, he was directed to prepare chargeable offences against the defendant in the $6. 2million loot.
When reminded that the charge had been prepared in August 14, 2023, he admitted that he is not a lawyer and cannot give any answers.
Meanwhile, the matter is adjourned to October 20, for continuation of trial.
