Jim Obazee, a special investigator appointed by President Bola Tinubu, has asked for a posthumous prosecution of the late President Muhammadu Buhari and the trial of former Secretary to the Government of the Federation (SGF) Boss Mustapha.
Mr Obazee, who is the 15th prosecution witness in the trial of former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, told an Abuja High Court that Mr Mustapha must be in court to answer for the alleged $6.23 million CBN loot.
The Economic and Financial Crimes Commission (EFCC) charged Mr Emefiele with criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence and obtaining money by false pretence while serving as the CBN governor.
Mr Emefiele alleged to have knowingly obtained by false pretence the sum of $6.2 million meant for international election observers for the 2023 general election.
The EFCC accused Mr Emefiele of conferring corrupt advantages on two companies—April 1616 Nigeria Limited and Architekon Nigeria Limited.
He however, pleaded not guilty to the charge .
Mr Obazee was led in evidence by the Director of Public Prosecution of the Federation, Rotimi Oyedepo, SAN.
“The situation in 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 alleged.
He dismissed the denial of involvement in the fraud by the presidency and the former SGF and demanded in the open court that Mr Mustapha must be brought into the dock alongside Mr 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 it was officially released.
Besides Messrs Buhari, Mustapha and Emefiele, the witness also demanded that the court should order the arrest and prosecution of Jibril Abubakar, who was alleged to have collected the funds on the purported authority of the SGF office .
He added that 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 , should be charged.
“For actions and inactions, Buhari ought to be charged and must be charged along Emefiele in this fraud, even if posthumously since national honours are given posthumously.
“As for 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 per cent” he said.
Mr Obazee said he hoped that all of them would be lined up in this dock with Mr Emefiele and this must include Mr Maishanu, ‘who returned to me $856,500.’
Under cross-examination by Mathew Burka, SAN, counsel for Mr Emefiele, the witness told the court that he did not recover any money from Mr Emefiele.
He however said that by presumption, Mr Emefiele is supposed to have knowledge of the alleged fraud if the CCTV and BVN portal in the Abuja branch office of the apex bank 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 to prepare chargeable offences against the defendant in the $6. 2 million loot.
The prosecution counsel, Mr Oyedepo informed the court that the prosecution was closing its case with the 15th prosecution witness.
Mr Burkaa also informed the court that he was going for no-case-submission .
Justice Hamza Muazu then adjourned until October 20, for adoption of addresses.
