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An Abuja High Court on Tuesday fined the Economic and Financial Crimes Commission (EFCC) N500,000 for repeatedly seeking adjournments in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
The trial judge, Justice Hamza Muazu, imposed the fine after the prosecution failed to produce its 13th witness, DCP Edwin Okpoziakeo, who was scheduled to testify.
Emefiele is on trial over charges including 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-graft agency alleged that Emefiele fraudulently obtained $6.23 million, purportedly meant for international election observers during the 2023 general elections.
The EFCC also accused the former apex bank chief of conferring corrupt advantages on two companies—April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
Emefiele, however, pleaded not guilty to all the charges.
At Tuesday’s proceedings, EFCC counsel A.O. Mohammed told the court that the witness could not appear due to administrative procedures.
According to him, the witness had been instructed by the Force Headquarters to appear only after a formal request was sent to the Inspector-General of Police.
Mohammed stated that he complied with the directive by writing the required letter.
He further mentioned that the witness later informed him he was attending to a personal matter at another court in Gwagwalada, where his personal bank account was reportedly under a garnishee order.
Therefore, Mohammed urged the court to grant another adjournment to allow the prosecution to present the witness.
However, Matthew Burkaa, counsel for Emefiele, strongly objected to the application.
Burkaa cited Sections 396(3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015, which limit the number of adjournments each party may request during trial.
He argued that the prosecution had already been granted eight adjournments, surpassing the statutory limit of five.
According to him, the EFCC had previously requested an accelerated hearing of the case but had repeatedly delayed proceedings.
“The prosecution made its choice by allowing the witness to prioritise personal matters over official duty,” he told the court.
In his ruling, Justice Muazu agreed with the defence that the prosecution had sought multiple adjournments.
However, he noted that the court still has the discretion to grant adjournments in the interest of justice, especially when the testimony of an investigator is deemed material to the case.
The judge accordingly imposed a N500,000 fine on the EFCC for delaying the trial despite previous assurances of accelerated proceedings.
The matter was adjourned until 27 April for the continuation of the trial. (Guardian)