The Lagos State Special Offences Court in Ikeja on Friday admitted a Supreme Court judgement upholding the forfeiture of seven properties, $2.045 million and share certificates linked to former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to the federal government.
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Trial judge Rahman Oshodi admitted the certified true copy of the judgement as Exhibit L in Mr Emefiele’s trial over alleged fraud involving $4.5 billion and N2.8 billion.
The judge overruled objections by the defence, holding that a certified true copy of a Supreme Court judgement was admissible as a public document.
He also ruled that tendering only the lead judgement did not make the document incomplete or inadmissible.
However, Mr Oshodi restricted its use to establishing what the Supreme Court decided in the earlier case. He said it could not be used as evidence for or against any of the defendants in the ongoing trial.
The prosecution, led by Rotimi Oyedepo, a Senior Advocate of Nigeria (SAN) and Director of Public Prosecutions of the Federation, tendered the judgement through an Economic and Financial Crimes Commission (EFCC) investigator, Alvan Gurumnaan.
Mr Emefiele’s lawyer, Ojo Olalekan, also SAN, opposed its admission, arguing that the copy tendered was signed by only four justices, whereas Supreme Court decisions were ordinarily delivered by a panel of five or seven justices.
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He also argued that the judgement arose from non-conviction-based forfeiture proceedings and had no relevance to the charges against his client.
Lawyer to the second defendant, Henry Omoile, Adeyinka Kotoye, also SAN, supported the objection and urged the court to reject the document.
But Mr Oyedepo maintained that the judgement was a duly certified public document that met the requirements of Sections 102 and 104 of the Evidence Act.
Supreme Court judgement
The judgement was delivered on 17 July by a five-member panel of the Supreme Court led by Justice Ibrahim Saulawa (now retired).
The court overturned a Court of Appeal decision that had set aside a Federal High Court order for the final forfeiture of the assets. It restored the order made by Justice D.I. Dipeolu on 1 November 2024, following an appeal by the EFCC.
The forfeited assets comprise seven properties, $2.045 million and share certificates belonging to Queensdorf Global Fund Limited.
The properties include a duplex at 17B Hakeem Odumosu Street, Lekki Phase 1; an undeveloped parcel of land and a bungalow on Oyinkan Abayomi Drive, formerly Queens Drive, Ikoyi; and a four-bedroom duplex at 12A Probyn Road, Ikoyi.
Others are an industrial complex under construction on 22 plots of land in Agbor, Delta State; eight apartments at 8A Adekunle Lawal Road, Ikoyi; and a duplex at 2A Bank Road, Ikoyi.
According to the EFCC, its investigation found that the assets were reasonably suspected to have been acquired with proceeds of unlawful activities. The commission sought their forfeiture under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
Witness under cross-examination
After the ruling, Mr Gurumnaan continued his cross-examination by the defence.
He told the court that he personally obtained statements, analysed bank records and coordinated other members of the investigation team.
The investigator confirmed interviewing Zenith Bank’s Managing Director, Ebenezer Onyeagwu, but said he could not immediately recall whether a statement was obtained from him after the interview.
He also stated that the investigation involved hundreds of interviews with CBN officials, commercial bank employees and personnel of other government agencies.
At Thursday’s sitting, Mr Gurumnaan told the court that investigators traced several properties worth billions of naira to Mr Emefiele through associates.
He alleged that some of the former CBN governor’s associates received money and acquired properties on his behalf.
Among the properties he identified were twin duplexes in Lekki Phase 1, two mansions on Queens Drive, Ikoyi, an 11-storey building under construction comprising about 94 luxury flats and an estate of approximately 750 houses in the Lokogoma district of Abuja.
He also said investigators recovered more than $2 million from the office of a lawyer, Ifeanyi Omeke, who allegedly admitted acting as a front for Mr Emefiele.
The Lokogoma estate was the subject of a separate EFCC case in which Mr Emefiele was accused of acquiring 753 housing units with an alleged accomplice, Eric Ocheme. The estate was subsequently forfeited to the federal government.
READ ALSO: Court admits Emefiele’s statements as exhibits in alleged $4.5bn fraud trial
Charges
Mr Emefiele is standing trial jointly with his co-defendant, Henry Omoile, on 22 counts.
Nineteen of the charges, which aim at Mr Emefiele, include receiving gratification, corrupt demands and abuse of office involving transactions valued at $4.5 billion and N2.8 billi
On the other hand, the remaining three charges, which concern Mr Omoile, accused him of unlawful acceptance of gifts.onMr Emefiele is standing trial jointly with his co-defendant, Henry Omoile, on 22 counts.
Nineteen of the charges, which aim at Mr Emefiele, include receiving gratification, corrupt demands and abuse of office involving transactions valued at $4.5 billion and N2.8 billion.
On the other hand, the remaining three charges, which concern Mr Omoile, accused him of unlawful acceptance of gifts.