A High Court of the Federal Capital Territory, FCT, sitting at Maitama, on Tuesday imposed a N500,000 fine on the Economic and Financial Crimes Commission, EFCC, for the serial adjournments it had sought in the ongoing trial of former Central Bank of Nigeria, CBN, Governor, Mr. Godwin Emefiele.
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Trial Justice Hamza Mu’azu ordered the anti-graft agency to pay the fine after it failed to produce its 13th witness, DCP Edwin Okpoziakeo, in court to give evidence as scheduled.
The EFCC’s lawyer, Mr. A. O. Mohammed, informed the court after the matter was called that the witness, who was on the team that investigated the defendant, was unavailable due to administrative bottlenecks.
Prosecution counsel told the court that although the witness, a serving police officer, had been notified of the sitting, the Police hierarchy had requested a formal letter to the Inspector-General of Police before allowing him to appear for the trial.
Mohammed said he had promptly written the letter as directed, only for the witness to later inform him that he had a personal matter in another court in the Gwagwalada area of the FCT, where his personal account was under a garnishee order.
Consequently, the EFCC lawyer pleaded with the court to grant an adjournment to produce the witness for continuation of the trial.
On his part, Emefiele’s lawyer, Mr. Matthew Burkaa, SAN, vehemently opposed the request.
Referencing Sections 396(3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015, the defence lawyer argued that the law limits each party to only five adjournments from the time a defendant is arraigned until final judgment.
He drew the court’s attention to the fact that the EFCC had already been granted eight adjournments, exceeding the provisions of the law.
Burkaa, SAN, contended that the prosecution had made its choice by allowing the witness to prioritise personal matters over official duties.
He argued that the defendant should not suffer due to the prosecution’s bureaucratic lapses, which he noted had earlier included a request for an accelerated hearing of the case.
He prayed the court not to grant further adjournments to the prosecution.
In his ruling, while agreeing with the submissions of Emefiele’s lawyer, Justice Mu’azu emphasised that the court retains discretion to grant an adjournment in the interest of justice.
He held that the witness, as an investigator in the case, should not be shut out from the trial.
Therefore, though he acceded to the adjournment application, the trial judge ordered the EFCC to pay the fine for delaying the case.
He adjourned further proceedings until April 27.
Emefiele, who served as governor of the apex bank from 2014 to 2023, is answering to a 20-count charge of criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence, and obtaining money by false pretence.
The anti-graft agency, in the amended charge before the court marked FCT/HC/CR/577/2023, alleged that he illegally awarded contracts for the purchase of 43 vehicles worth N1.2 billion between 2018 and 2020.
He was also accused of giving a corrupt advantage to Mrs. Sa’adatu Ramallan Yaro, a CBN staff member, by awarding her private company, April 1616 Investment Ltd., a contract for the procurement of 37 Toyota Hilux vehicles valued at N854 million.
The EFCC further alleged that Emefiele obtained, by false pretences, the sum of $6,230,000 purportedly intended for international observers who participated in the 2023 general election.
The defendant has pleaded not guilty to all allegations, and the court released him on bail pending determination of the case.
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