- A Federal High Court in Abuja has fined the EFCC N500,000 for delaying Emefiele’s trial
- Justice Hamza Muazu issued the fine after the prosecution failed to produce a key witness and the judge granted a “final adjournment” and warned against further delays
- The court acknowledged the law but exercised discretion in the interest of justice while the trial has been adjourned to April 27 and 28 for continuation
A High Court of the Federal Capital Territory sitting in Maitama, Abuja, on Tuesday, March 17, fined the Economic and Financial Crimes Commission (EFCC) N500,000 for delaying the ongoing trial of former Central Bank Governor, Godwin Emefiele.
The trial judge, Hamza Muazu, imposed the penalty after the prosecution failed to present its witness at the resumed hearing.
Justice Muazu, while granting what he described as a final adjournment, cautioned the prosecution to ensure that its witnesses are present at the next hearing date.
Emefiele is currently facing a 20-count amended charge marked FCT/HC/CR/577/2023. The charges include alleged criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money by false pretence.
Among the allegations, he is accused of fraudulently obtaining $6.23 million under the pretext of funding international election observers during the 2023 general election. He is also alleged to have conferred corrupt advantages on two companies, April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
During proceedings, prosecuting counsel, Abba Mohammed (SAN), informed the court that the prosecution’s witness, a Deputy Commissioner of Police, Elohor Edwin Okpoziakeo, was absent despite being duly notified.
Mohammed explained that the witness was attending another matter at the Gwagwalada Division of the FCT High Court, involving a personal case against a commercial bank where a garnishee order had been placed on his account.
He further told the court that efforts had been made to secure the witness’s attendance, including writing to the Inspector-General of Police through the Force Headquarters, following a directive issued on Monday, March 16.
The prosecution subsequently requested an adjournment to allow the witness to testify.
However, defence counsel, Matthew Burkaa (SAN), opposed the application, citing Sections 396(3) and (4) of the Administration of Criminal Justice Act, 2015, which limit parties in a criminal trial to five adjournments from arraignment to judgment.
Burkaa argued that the prosecution had already exceeded this limit, having been granted about eight adjournments since the trial began. He maintained that the prosecution failed to properly manage its case, noting that the witness had been listed in the proof of evidence since January 2024.
He urged the court to deny any further adjournment.
In his ruling, Justice Muazu acknowledged that the provisions of the ACJA on adjournments were clear but held that the court retains discretionary powers to grant adjournments in the interest of justice.
He noted that the witness, being an investigator in the case, was a material witness who should not be excluded.
Relying on Section 396(6) of the ACJA, the judge imposed a cost of N500,000 on the prosecution for causing delays, despite the earlier approval for accelerated hearing.
The case was subsequently adjourned to April 27 and 28 for continuation of trial.