The Economic and Financial Crimes Commission (EFCC) on Tuesday suffered a major embarrassment in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, as Justice Hamza Muazu of the Federal Capital Territory High Court, Maitama, Abuja, imposed a N500,000 fine on the anti-graft agency for repeatedly delaying proceedings.
The former CBN helmsman is standing trial on a 20-count amended charge bordering on criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence and obtaining money by false pretence. The EFCC had accused Emefiele of obtaining the sum of $6,230,000 by false pretence, purportedly meant for international election observers ahead of the 2023 general elections. The commission also alleged that the ex-CBN boss conferred corrupt advantages on two firms – April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
Emefiele, who served as CBN Governor from 2014 to 2023, has consistently pleaded not guilty to all the charges.
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Trouble for the prosecution started when its lead counsel, A.O. Mohammed, informed the court that the 13th prosecution witness (PW13), DCP Edwin Okpoziakeo – a key investigator in the case – was absent. Mohammed explained that although the witness had been notified, administrative bottlenecks at the Force Headquarters forced him to write a formal letter to the Inspector-General of Police for approval. He added that the DCP later cited a personal court matter in Gwagwalada, FCT, involving a garnishee order on his account as the reason for his absence.
The EFCC therefore prayed for another adjournment to enable it produce the witness.
But defence counsel, Matthew Burkaa, vehemently opposed the application. Citing Sections 396(3) and (4) of the Administration of Criminal Justice Act (ACJA) 2015, which restricts each party to a maximum of five adjournments from arraignment to judgment, Burkaa told the court that the EFCC had already enjoyed eight adjournments since the trial began in 2023 – far exceeding the legal limit.
He argued that the anti-graft agency had itself requested accelerated hearing of the matter yet continued to treat the court with levity by allowing a witness to prioritise personal issues over official duties. Burkaa urged the court to refuse any further adjournment.
Delivering his ruling, Justice Muazu agreed with the defence submissions but noted that the court retains discretion to grant adjournment where it serves the interest of justice. He stressed that an investigator in a matter of this magnitude should not be shut out completely.
However, relying on Section 396(6) of the ACJA, the judge slammed the EFCC with a N500,000 fine for causing needless delay despite the earlier grant of accelerated hearing. He described the adjournment granted as the final one and warned that the prosecution must produce its witnesses on the next date or face appropriate consequences.
The matter has now been adjourned to April 27 for continuation of trial.
The development comes as fresh concerns mount over the pace of high-profile corruption cases involving former top government officials, with many Nigerians watching to see whether the EFCC will finally fast-track the Emefiele matter or continue to drag its feet.
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