By Yusuf Danjuma Yunusa
A High Court in the Federal Capital Territory (FCT), Abuja, has imposed a cost of N500,000 against the Economic and Financial Crimes Commission (EFCC) for stalling the trial of the immediate-past Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Justice Hamza Muazu, who is presiding over the case, issued the sanction on Tuesday after the anti-graft agency failed to produce its witness in court, leading to yet another adjournment.
At the resumed hearing, the prosecution counsel, Abba Mohammed (SAN), informed the court that their witness, a Deputy Commissioner of Police named Elohor Edwin Okpoziakeo, was absent despite receiving due notification.
Mohammed explained that the witness was engaged at the Gwagwalada Division of the FCT High Court, attending to a separate personal matter involving a garnishee order against his bank account. He assured the court that efforts were underway to secure the witness’s appearance, including writing to the Inspector-General of Police following a directive issued the previous day. Consequently, he applied for an adjournment.
The application was fiercely opposed by the defence counsel, Matthew Burkaa (SAN), who invoked the provisions of Sections 396(3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015. These sections limit the number of adjournments available to parties in a criminal trial to five.
Burkaa argued that the prosecution had abused this statutory limit, having already been granted approximately eight adjournments since the trial began. He criticized the prosecution for poor case management, pointing out that the witness in question had been listed in the proof of evidence since January 2024, providing ample time to ensure his availability.
In his ruling, Justice Muazu acknowledged the clear stipulations of the ACJA regarding adjournments. However, he asserted that the court retains discretionary powers to grant them in the interest of justice, particularly as the missing witness is the investigating officer and a material witness whose testimony is crucial.
Despite granting the adjournment, which he described as a “final adjournment,” the judge expressed displeasure over the recurring delays. Relying on Section 396(6) of the ACJA, he awarded a cost of N500,000 against the EFCC, to be paid as a penalty for causing the delay despite a prior order for an accelerated hearing.
Justice Muazu warned the prosecution to ensure the attendance of all its witnesses at the next sitting without fail. He then adjourned the matter to April 27 and 28 for the continuation of trial.
Emefiele is facing a 20-count amended charge (marked FCT/HC/CR/577/2023) that includes allegations of criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money by false pretense.
Key allegations against him include illegally obtaining $6.23 million under the guise of funding international election observers for the 2023 general election and conferring corrupt advantages on two companies: April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
