A Special Offences Court sitting in Ikeja, Lagos has been told how a former Director of Information Technology of the Central Bank of Nigeria (CBN), Mr John Ayoh, allegedly collected $600,000 for contract gratification for the embattled ex-Nigeria CBN governor, Mr Godwin Emefiele.
The proceeding of the day which started early was not without arguments and altercations from both parties’ counsel over the jurisdiction of the court to hear and prosecute the embattled ex CBN boss.
Emefiele had challenged the jurisdiction of the Court to hear the alleged abuse of office and multi billion dollars fraud leveled against him through his counsel, Mr Olalekan Ojo, SAN, who led others to argue a motion on notice filed and dated April 24 to consider jurisdictional objection before allowing trial proceedings.
However, the Economic and Financial Crimes Commission (EFCC) team of lawyers led by Mr Rotimi Oyedepo ,SAN, prayed the court to dismiss the application as it was a course to delay justice.
According to him, a collective resolution as a nation is to prevent undue delay in criminal matters.
“Your lordship, trial has commenced and witnesses have been assembled in court today to give evidence.
“The application of the first defendant is unconstitutional as this is a means to draw us backward.
“I humbly urge the court to discountenance the submission of defence on jurisdiction and allow the trial to continue,” Oyedepo said.
Eventually, Justice Rahman Oshodi, refused the objection by the defence team, while directing the prosecution to present it’s witnesses.
Subsequently, the business of the day commenced when the prosecution presented a witness, who has worked closely with the former CBN governor, Mr John Ayoh.
Led in evidence by the Economic and Financial Crimes Commission (EFCC), counsel, Mr Rotimi Oyedepo (SAN), the witness, Ayoh told the Court that he spent eight years in the apex bank as a staff.
He told the court that he received a letter from the agency concerning two transactions which he facilitated through Emefiele.
Ayoh, Head of Procurement and Support Services (PSS) Department, told the court that the first envelope containing $400,000 was brought to his house in Lekki while he received the second envelope containing $200,000 at the Tinubu Head Office of the CBN.
Ayoh said that he was vested with powers to receive applications for award of contracts to select successful bidders.
According to him, the first leg of the transaction was at his residence in Lekki Phase 1 while the second envelope cash he received occurred at the Tinubu Head Office of the CBN.
He said: “The man to deliver the second transaction came to our office in Lagos and I informed the governor but he said he did not want to see a third party that I should bring the envelope myself.
“I complied with the instruction and went to his office and delivered it.
“Mr John Adeola was the one I sent my address to and he came to my house.
“He is the governor’s assistant and the total money I received on his behalf was $400,000 and $200,000, respectively.”
The witness informed the court that the vendors who allegedly brought the envelopes with money were in charge of the implementation of Netapp Storage Architectural and Infrastructural Services.
While under cross-examination by the first defendant counsel, Mr Olalekan Ojo (SAN), the witness told the court that his schedule of duties did not include running errands for Emefiele but he directly worked under him.
Ayoh confirmed to the court that Emefiele was not a member of the PSS but a member of the Major Contract Tender Committee (MCTC).
He added that he had never facilitated in the commission of any crime.
Ojo asked if the witness wrote in his statement that he was forced to aid or abet the commission of accepting gratification.
The witness said: “I do not remember the exact word that I used and I did not write in my statement that I opened the two envelopes on the two occasions to check the total sum of money.
“I wrote a statement and it implied that the money in the envelopes was given to me to influence the award of contract.
“I did not take part in the decision of the MCTC but I recommended that the award be given and I was not bribed.
“I was invited by the EFCC on Feb. 17, I was not arrested but I returned home on administrative bail.”
The witness told the court that he operated under duress, while he received the two envelopes from the contractors.
“On your honour, did you indicate in your statement that you were acting under duress while running errands for the first defendant,” the learned silk asked.
The prosecution, however, objected to the question and argued that the statement of the witness was not before the court.
The first defence counsel sought that the statement of the defendant be admitted into evidence.
Justice Rahman Oshodi, thereafter, admitted the statement of the witness, (three pages) in evidence, following arguments and counter arguments of the counsel.
The Senior Advocate reteirated that the witness showed to the court where it was written in his statement that he acted under duress.
The witness told the court that the instructions from Emefiele indicated that he bent rules.
The judge, thereafter, adjourned the case until May 3 for continuation of cross-examination.
