In the ongoing trial of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, Justice Hamza Muazu of the Federal Capital Territory High Court on Tuesday ordered the Economic and Financial Crimes Commission (EFCC) to present its witness or face the possibility of the case being closed.
According to the judge’s ruling, the anti-graft agency must make sure that its witness is present on the next postponed date of April 27 or risk legal repercussions.According to reports, the EFCC was fined ₦500,000 by Justice Muazu for neglecting to call Deputy Commissioner of Police Elohor Edwin Okpoziakeo, who was supposed to testify in court on Tuesday.
It was reported that Okpoziakeo, a member of the investigating team in the purported procurement fraud case, was not there because of personal obligations.
A.O. Mohammed, the EFCC’s attorney, informed the court during the resumed hearing that although the witness had been informed, administrative processes prevented him from appearing.
The prosecutor clarified that he had been instructed by Force Headquarters to formally request the officer’s appearance in writing to the Inspector-General of Police.
Although the letter was issued right away, he claimed, the witness later told him of a personal matter at the FCT High Court in Gwagwalada, where his account was allegedly subject to a garnishee order.
Mohammed emphasized the significance of the witness to the prosecution’s case in his petition to the court for an adjournment.
He stated, “We are requesting this court’s discretion in our favor because the last witness was closely involved with the Special Panel that looked into the defendant.”
Matthew Burkaa (SAN), the defense attorney, vehemently disagreed with the request for a postponement.
He said that the Administration of Criminal Justice Act, 2015’s Sections 396(3) and (4) restrict parties to five adjournments between arraignment and judgment.
Burkaa pointed out that the EFCC had already received eight adjournments, exceeding this cap.
He contended, “The prosecution made its decision by permitting the witness to attend to a personal matter instead of this official engagement.”
He further reminded the court that the prosecution had already requested and been granted an expedited hearing in the matter, and that the court had granted the EFCC many indulgences since 2023.
The senior lawyer further noted that, despite traveling from Lagos, Emefiele had regularly attended proceedings without requesting adjournments.
In his decision, Justice Muazu acknowledged that the EFCC had used up all of the legally allowed adjournments, but he maintained that the court has the authority to grant additional adjournments in the interest of justice.
He pointed out that an investigator’s testimony was important and shouldn’t be ignored.
The ₦500,000 fine was imposed as a result of the judge’s criticism of the EFCC for postponing the trial despite obtaining an accelerated hearing.
After thereafter, Justice Muazu postponed the trial to April 27 and 28, threatening legal repercussions if the witness was not produced.
The EFCC filed an additional 20-count accusation on behalf of the Federal Government, and Emefiele is currently on trial in suit number FCT/HC/CR/577/2023.
Criminal breach of trust, forgery, misuse of office, conspiracy to obtain by false pretence, and getting money by false pretence are all included in the charges.
The previous governor of CBN was accused, among other things, of unlawfully receiving $6.23 million during the 2023 general election that was allegedly intended for international election monitors.
Additionally, he was accused of giving two companies, April 1616 Nigeria Ltd. and Architekon Nigeria Ltd., corrupt advantages.
However, Emefiele has entered a not guilty plea to each of the accusations.
