Godwin Emefiele former Governor of the Central Bank of Nigeria (CBN), virtually had his hands in a lot of sticky pies at the apex bank during his tenure before it came to an abrupt end on June 9, 2023, when he was booted out by President just about 11 days after assuming office on May 29.
Emefiele, who has been in detention, since he was picked up by men of the Department of State Services (DSS), and has since been transferred to prison, where he has been held for his inability to perfect the bail conditions slammed on him by a Federal High Court, in the case he is currently facing from the Economic and Financial Crimes Commission (EFCC), which took over from the DSS, has also been a subject of a special investigation as initiated by the President himself.
It was this five-month probe, headed by Jim Obazee, Special Investigator on CBN and Related Entities, which Tinubu appointed in July, 2023 that has now opened a can of worms, for which Emefiele, seen as the linchpin, would be facing trial alongside a former Minister and 14 others, all implicated in over N26.6 trillion fraud.
No fewer than 16 former government, found to have collaborated with top CBN officials were alleged to have indulged in fraudulent use of ‘Ways and Means,’ which stood at N26.627 trillion, to siphon funds belonging to Nigeria, with a top aide to former President, Muhammadu Buhari, said to have in September 2022, instructed the ex-CBN boss to proceed with the naira redesign, which threw the country into chaos for the later part of 2022 and early part of 2023.
Preliminary investigations into the activities of the CBN and related entities revealed many infractions, as released by December 9, including the violation of the apex bank’s Act, alleged looting, diversion of funds, sidelining of the Board of Directors, lack of presidential approval, extra budgetary spending, forgery, concealment, stealing, conspiracy and fraud.
Part of the revelations, indicate that Emefiele invested public money (billions of dollars) in 593 accounts in the United States, China and the United Kingdom without authorisation and kept £543,482, 213 in fixed deposits in the United Kingdom alone, without authorisation by the CBN Board and the Investment Committee, while allegedly diverting a whopping N1.7 trillion of COVID 19 money to other means.
Again, revelations in the probe showed instances of arbitrariness where there was no presidential approval, but billions of Naira were taken out from the nation’s Consolidated Revenue Fund (CRF) account, indicating fragrant abuse of the Ways and Means provisions.
“The CBN officers and even the then Acting CBN Governor could not produce the presidential approval of most of the expenses described as “Ways and Means. When confronted to provide the breakdown of the supposed N22,719,703,774,306.90 that was presented to the 9th National Assembly to illegally securitise as “Ways and Means” financing, they were only able to partially explain a total of N9,063,286,720,318.92 or N9,258,040,720,318.92 (depending on which official you are considering his submission) and an unreasonable attribution of non-negotiated/unadvised interest element of N6,678,874,321,541.97. This shows the point where the officers of the immediate past administration as well the erstwhile CBN governor and others connived, defrauded and stole from the common wealth of the country with the aid of civil servants,” part of the findings, say.
It added: “The true position of the “Ways and Means” as documented from the reconciliation between the CBN and the Ministry of Finance at the time is N4, 449, 149, 411. 584.54. This may have been the main reason the past administration hurriedly sought that the advances of N22,719,703,774,306.90 be securitised by the 9th National Assembly on the 19th December 2022; which they also hurriedly did despite the fact that it contravenes Section 38 of the CBN Act, 2007.”
“The probe showed that the CBN Governor on the 19th December 2022 “ signed an advice to the former President Muhammadu Buhari to restructure “Ways and Means” of N23,719,703,774,306.90, despite presenting a different figure to the National Assembly on the same date.
“The fact that the balance of the “Ways and Means” was documented as N26.63 trillion as at June 8, 2023 by the erstwhile CBN Governor shows an unrepentant attitude of the management of the CBN because they continued to carry the “Temporary Advances to the Federal Government” as a running current account, despite the obvious contravention of Section 38 of the CBN Act, 2007, which they swore to uphold.” The document released by Obazee, who worked with different teams of crack detectives, was said to have uncovered the intrigues behind the naira redesign, which almost led to the collapse of the nation’s economy, stating that much as it was attributed to Buhari himself, it was actually the handiwork of the Presdent’s aide.
Again, part of the document read: “The Naira Redesign was not approved by the Board of CBN and President Muhammadu Buhari in accordance with the law. Buhari only tagged along. Sometimes in September 2022, the erstwhile Governor of the CBN claimed that during his visit to the Presidential Villa, one of the presidential aides told him to go and consider redesigning the Naira.
“On 6th of October, 2022, Emefiele wrote Buhari seeking approval to redesign and reconfigure N1,000, N500, N200 and N100 notes. Buhari approved the proposal same day. But Buhari approved the currency be printed in Nigeria.
“On that 6th October 2022, former President Muhammadu Buhari approved Emefiele’s request and directed that he should redesign and reconfigure the four denominations of the Naira notes as prayed, but should print them locally.
“Emefiele did not consult with the management of the CBN or seek any recommendation from the Board of the CBN as required by Section 19 of the CBN Act, 2007.
“Emefiele did not seek the recommendation of the Board of the CBN nor revert to former President Muhammadu Buhari to inform him nor seek his presidential approval for the new redesigns and the fact that he is now recommending only three denominations
“Emefiele took the redesigns, a mere change of colour to De La Rue in UK for a fee of £205,000. Only N1, 000, N500 and N200 were redesigned. As at August 9, 2023, N769 billion of the new notes were in circulation. The printing cost was N61.5 billion, out of which N31.79 billion has been paid.
Confirming the investment of billions of dollars in 593 foreign accounts in the United States, China and the United Kingdom without approval from the board or the President, the document further said: “The former governor of the CBN invested Nigeria’s money without authorisation in 593 foreign accounts in the United States, China and the United Kingdom while he was in charge.
“All the accounts where the billions were lodged have all been traced by the investigator, In the UK alone, Emefiele kept £543,482, 213 in fixed deposits without authorization by the CBN board and the Investment Committee of the bank.”
Regarding the COVID-19 intervention fund, the document revealed: “The N1,622,119,412,095.16 was surreptitiously transferred to the following individuals and organisations: Police Trust Fund (N29,750,000,000.00); Companies and individuals (N22,680, 275, 135.45); borrowed for salaries (N720, 682,827,000.00); Donations to public (N40,000,000,000.00); Office of Accountant-General of the Federation (N196, 190,789,994.72); MDAs (N303,514, 294,725.21); and others (N293,986, 243,831.39).
There was also the allegation of diversion of another whopping N17billion by Deposit Monetary Banks (DMB), with the probe revealing that 14 of the banks were involved in what is termed “criminal diversion of N17, 232,349, 193.55, though the identities of the banks were kept secret.
The report, which said a web management firm is to refund N4.8 billion, being the sum said to have been illegally diverted from NESI Stabilisation Strategy Limited, explained: “The Presidential Approval granted by the then President Goodluck Jonathan was rightly stated by him that NESI should be a Company Limited by Guarantee, but the Committee of Governors misled the Board of the Central Bank of Nigeria by inter-alia:
“Relying on a non-existent advice by the Office of the Attorney General and Minister of Justice, to incorporate a Company Limited by Shares for which the Allotted Share Capital exceeded the Authorized Share Capital (See 380% Meeting of the Committee of Governors held in January 2015); and Allotting unauthorised share capital without lawful approval by the President of the Federal Republic of Nigeria.
“There was misrepresentation of Presidential Approval (NESI Stabilisation Strategy Limited). NESI, as approved by former President Goodluck Jonathan, was supposed to be an SPV limited by Guarantee, but Emefiele, relying on a non-existent advice, made it a company limited by shares.
“By law, an SPV cannot issue Debentures, as it is precluded from forming a Debenture Trust. Worse still, a virgin entity without any operational track record cannot issue Debentures as it has no trading or earnings history to justify the requirements of the Debenture issue.
“Despite these, the Committee of Governors of the Central Bank of Nigeria on the date of its Meeting of 21st January 2015, caused a violation of Section 31 of the CBN Act, 2007 by authorising the issuance of Debentures by NESI Stabilization Strategy Limited to which the initial sum of N64,861,954,000.00 (Sixty Four Billion, Eight Hundred and Sixty One Million, Nine Hundred and Fifty Four Thousand Only), was diverted from Public Funds under the guise of Debenture issuance. This practice has grown to N952,414,745,000 (Nine Hundred and Fifty Two Billion, Four Hundred and Fourteen Million, Seven Hundred and Forty Five Thousand Naira Only) by the Financial Year end 2021.
“N1.325billion was stolen pre-incorporation and the money was funneled to four companies, including a legal firm which got N300 million.”
The note on the allegations against some banks read: “A total of 14 DMBs engaged in the manipulation by unlawfully arranging and collecting 1.9535 percent of the total disbursements paid to the DMBs participating in the Nigerian Electricity Market Stabilisation facility.
“The fees are paid to the banks in the ratio of their contributions to the NEMSF disbursement, according to External Auditor’s Notes to the Financial] Statement of NESI Stabilisation Strategy Limited. Also, a firm linked with some CBN officials was paid N4, 897,789,000 allegedly “illegally diverted from NESI Stabilisation Strategy Limited.”