A Federal High Court in Abuja has imposed a fine of N500,000 on the Economic and Financial Crime Commission (EFCC) for delaying the ongoing trial of the immediate past Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
The presiding judge, Justice Hamza Muazu, blamed the EFCC for repeated requests for adjournments in a ruling delivered on Tuesday, March 17.
Justice Muazu imposed the fine after the EFCC failed to produce a witness at the resumed hearing in the ongoing trial of the apex bank’s former governor.
New Telegraph recalls that Emefiele is standing trial on a 20-count amended charge bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money by false pretence.
He is also accused, among others, of fraudulently obtaining $6.23 million purportedly meant for international election observers for the 2023 general election, and conferring corrupt advantages on April 1616 Nigeria Limited and Architekon Nigeria Limited.
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During the hearing, EFCC’s counsel, Abba Mohammed (SAN), said the scheduled witness, Deputy Commissioner of Police (DCP) Elohor Edwin Okpoziakeo, was absent, despite being notified.
The lawyer buttressed that the witness was attending to a personal matter before a High Court in Gwagwalada in a case involving a garnishee order on his bank account.
He added that he had written to the Inspector-General of Police (IGP) requesting the witness’s presence and met with the Assistant Inspector-General (AIG) in charge of legal matters.
Mohammed sought an adjournment to enable the prosecution to present the witness.
Defence counsel, Matthew Burkaa (SAN), opposed the request, citing sections 396(3) and (4) of the Administration of Criminal Justice Act (ACJA) 2015, which limit parties to five adjournments from arraignment to judgment.
The defence lawyer averred that the prosecution had taken eight adjournments and argued that the court lacked discretion to grant further delays.
Burkaa also said the prosecution had earlier sought an accelerated hearing and had over two years to prepare its witness, but failed to do so.
Ruling, Justice Muazu agreed that the ACJA limits adjournments but held that the court retains discretion in the interest of justice.
The judge said an investigator should not be shut out in a case of this nature.
Relying on Section 396(6) of the ACJA, the judge awarded N500,000 costs against the prosecution for delaying the trial despite an accelerated hearing.
He adjourned the case till April 27 and 28 for the continuation of the trial.
