Justice Hamza Muazu of an Abuja High Court on Tuesday imposed a N500,000 fine on the Economic and Financial Crimes Commission (EFCC) for seeking multiple adjournments in Godwin Emefiele’s trial.
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Emefiele, a former Governor of the Central Bank of Nigeria (CBN), is charged with criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence, and obtaining money by false pretence while serving as CBN governor.
The anti-corruption agency alleged that Emefiele obtained, by false pretences, the sum of $6,230,000, purportedly intended for international election observers for the 2023 general election.
The EFCC also accused Emefiele of conferring corrupt advantages on two companies—April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
He, however, pleaded not guilty to all the charges.
Justice Muazu imposed the fine on the anti-graft agency for failing to produce the witness (PW13), DCP Edwin Okpoziakeo, in court to give evidence as scheduled, which led to an adjournment.
The DCP was on the team investigating Emefiele for the alleged fraud.
Earlier, counsel for the EFCC, A.O. Mohammed, informed the court that the witness, although notified of the need to appear in court, was unavailable due to administrative procedures.
The prosecution specifically told the court that he was directed by the Force Headquarters to write a formal letter to the Inspector-General of Police requesting the DCP’s presence.
He said that he promptly wrote the letter as directed.
However, the DCP later told him that he had a personal matter in another court in Gwagwalada, FCT, where his personal account was under a garnishee order.
Mohammed, therefore, pleaded with the court to grant an adjournment to produce the witness in court.
However, Matthew Burkaa, counsel to Emefiele, vehemently opposed the request for an adjournment.
Burkaa referred the court to Section 396(3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015, which limits each party to only five adjournments from the arraignment till final judgment.
In the instant case, he said, the EFCC had been granted adjournments eight times, contrary to the provisions of the law.
He added that the prosecution made its choice by allowing the witness to prioritise personal matters over official engagement.
Burkaa argued that the anti-graft agency requested an accelerated trial of the case.
He added that between 2023 and to date, the court had granted the prosecution eight adjournments and prayed the court not to grant any more.
In his ruling, Justice Muazu agreed with the defence counsel but stated that the court still retains discretion to adjourn if it is in the interest of justice.
He held that an investigator was not one who should be shut out in a matter of this nature.
He, however, imposed a fine of N500,000 on the anti-graft agency for delaying the trial despite being granted an accelerated hearing.
Justice Muazu then adjourned the trial until April 27 for continuation.
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