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A commissioner of police, Eloho Ekpoziakpho, has informed a Federal Capital Territory High Court, that investigations into the alleged fraudulent withdrawal of $6.23 million from the Central Bank of Nigeria (CBN) showed the payment was authorised by former CBN governor, Godwin Emefiele.
Ekpoziakpho, who appeared as Prosecution Witness 14 (PW14) before Justice Hamza Mu’azu, made the disclosure while giving evidence in the ongoing trial of Emefiele on an amended 20-count charge bordering on criminal breach of trust, forgery, abuse of office, and conspiracy to obtain by false pretence.
The witness, a commissioner of police heading the Special Fraud Unit, Lagos, stated that he had previously served at the Force Intelligence Department, where his responsibilities included intelligence gathering on economic sabotage, terrorism financing, and related offences.
Led in evidence by prosecution counsel, Rotimi Oyedepo (SAN), the witness told the court that he took part in the interrogation of the defendant alongside Jim Obazee, the special investigator who headed the probe.
Ekpoziakpho further stated that investigations indicated the funds were fraudulently withdrawn, adding that some suspects questioned during the probe made confessions, while the Office of the Secretary to the Government of the Federation (SGF) denied requesting payment for foreign election observers.
The witness also identified a document said to have originated from the SGF, which purportedly conveyed the approval of the late former President Muhammadu Buhari for the payment.
Explaining Exhibit PD6, he said it was a letter transmitting the president’s approval from the SGF for the CBN to release $6.23 million to foreign election observers, dated January 26, 2023.
He added that the document was addressed to Emefiele in his capacity as governor of the CBN.
“Our findings relating to that document showed that it was honoured. It was treated, and the money was paid. We recovered the document from the CBN where the money was cashed,” he said.
The witness also identified Exhibit PD1 as the record of the dollar payment, stating that the sum of $6.23 million was disbursed on February 8, 2023.
He further described Exhibit PD2 as a memo from the Director of Banking Services, CBN Abuja, conveying approval and directing that the amount be paid.
At that stage, defence counsel, Matthew Burkaa (SAN), raised an objection under Section 128 of the Evidence Act, arguing that the witness could not testify on documents provided by the prosecution.
In response, Oyedepo maintained that the documents had already been admitted in evidence before the court.
“With profound respect, I have a burden, and I urge my learned friend to allow me and my team to discharge our duties properly.
“We cannot allow the witness to give evidence without backing it up with documents. Section 128, which they have referred to, did not prevent a witness from giving oral evidence explaining the document in line with the case before the court. That section did not prevent explanation from the document by the investigator,” he said.
In his ruling, Justice Mu’azu held that since the documents were already before the court, the witness could be questioned on them but could not delve into their contents.
Earlier in the proceedings, the witness identified the defendant and confirmed that he knew Jim Obazee, whom he described as a special investigator appointed by the president to probe the CBN.
According to him, Obazee had requested police officers from the Nigeria Police Force to assist with the assignment.
The judge subsequently adjourned the case until July 2 and 3, 2026, for continuation of the trial.
