A forensic analyst, Mr Bamaiyi Haruna, said Thursday that the documents used to request the payment of $6.2million for foreign election observers were forged.
Haruna stated this while testifying before Justice Hamza Muazu of the FCT High Court where the former Central Bank of Nigeria (CBN) governor, Mr Godwin Emefiele is standing trial.
Recall that the Economic and Financial Crimes Commission had alleged that on February 8, 2023, Emefiele connived with one Odoh Ocheme, who is now on the run, to obtain $6.2 millionm from the CBN, claiming that it was requested by the SGF “vide a letter dated 26th January 2023 with Ref No. SGF.43/L.01/.
The document was purported same to have emanated from the office of the secretary to the government of the federation to the governor of the CBN.
Emefiele is being prosecuted on an amended 20-count charge bordering on conferment of corrupt advantage, forgery, criminal breach of trust, conspiracy to obtain by false pretence and obtaining money by false pretence.
He is further alleged to have, on February 8, 2023, knowingly obtained, by false pretence, $6,230,000.00 by falsely representing that the Secretary to the Government of the federation via a letter dated January 26, 2023 with Ref No. SGF 43/L.01/201, which requested the CBN to provide a contingent logistic advance in the sum of $6,230,000 “in line with Mr. President’s directive.”
The forensic analyst, who was called by the Economic and Financial Crimes Commission (EFCC) as the sixth prosecution witness, informed the court that following forensic analysis of the disputed documents, he discovered that there was a clear evidence of forgery of signature adding that the seal of execution were different from the original.
He stated that the real signatures of Buhari and Mustapha were analysed with the ones in the documents were not the same.
“The conclusion from the analysis revealed that the disputed documents showed evidence of forgery and copying art as the pen movement form and formation of the signatures and the skill of execution were found to be different from that of the specimen signatures A to A2 and B to Bi
“The form and formation of the signatures marked x and the specimen signature marked B to B1 were found to be different in respect of pen movement impulses, skill of execution, loop formation, and presence of tremors, there were individual characteristics. This is a confirmation that the author of the specimen signatures marked B to B1 does not rhyme with the signature of Buhari on the disputed document marked X.
“Also, the form and formation of the disputed signatures marked X1 and Specimen signature A2 were also found to be different in respect to pen movement impulses. Initial and terminal strokes, loop formation, presence of tremors, and individual characteristics. This is also a confirmation that the author of the specimen signature marked A2 did not rhyme with the signature of Boss Mustapha on the disputed document marked X1,” he said.
Counsel for the EFCC, Mr Rotimi Oyedepo, applied to the court to tender the forensic report dated January 25, 2024, and other documents attached as exhibits.
The judge subsequently admitted as evident and marked them as exhibits FDE.
Under cross-examination by Mr Matthew Burkaa, counsel for Emefiele, the witness said he was not a staff of the EFCC.
He added that he was not being paid by the anti-graft agency but his salary was domiciled with the Nigeria Immigration Service (NIS).
Asked how the court would determine whether the two signatures were similar or dissimilar, Haruna urged the court to rely on the report.
When asked if Emefiele’s signature was analysed, he said no.
Also asked if the EFCC operatives submitted the materials analysed, Haruna said, “Operatives of EFCC submitted the request to the department.”
Burkaa asked if they were the ones who pointed out the disputed signatures.
“The submitting authority did,” the expert answered.
Burkaa expressed displeasure over the conduct of the witness, saying the witness misled the court by evading questions.
However, the prosecution counsel, Mr Rotimi Oyedepo, was not happy with the defence counsel.
The trial was adjourned till March 11 for continuation.
Recall that the erstwhile secretary to the government of the federation, Mr Boss Mustapha, had last month exonerated former President Muhammadu Buhari and himself from writing any letters to the CBN under Emefiele, for the release of $6,230,000 for foreign observers for the 2023 general election.
Mustapha made the denial while testifying before Muazu
Mustapha told the court that he served as secretary to the government for more than five years 2017 and 2023, adding that he knew Emefiele, who had been in office as CBN governor before his (Mustapha’s) appointment.
He said up till the time he left office on May 29, 2023, he knew nothing about the transaction leading to the release of the $6,230,000.
“Having served for five years and seven months, I can say that this document did not emanate from the office of the president.
“A correspondence that has the seal of the President does not carry a reference number. The seal is the authority,” he said
He further said throughout his service as secretary, he never heard of the term “special appropriation provision” as contained in the purported letter from Buhari.
“The two terms known to me are appropriation as provided by the Appropriation Act passed by the National Assembly. The second is supplementary appropriation.
“All the correspondences I received from my principal, President Muhammadu Buhari, he never ended with “please accept the assurance of my highest regard”.
“Looking at the signature (on the letter), it is a failed attempt at reproducing President Muhammadu Buhari’s signature,” Mustapha added.
