Justice Hamza Muazu of the Federal Capital Territory High Court on Tuesday directed the Economic and Financial Crimes Commission (EFCC) to produce its witness in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, or risk having the case closed.
The judge ruled that the anti-graft agency must ensure the presence of its witness on the next adjourned date of April 27 or face the consequences in line with the law.
Papers News reports that Justice Muazu also fined the EFCC ₦500,000 for failing to present its witness, Deputy Commissioner of Police, Elohor Edwin Okpoziakeo, who was scheduled to testify in court on Tuesday.
Okpoziakeo, a member of the investigative team in the alleged procurement fraud case, was said to have been absent due to personal commitments.
At the resumed hearing, EFCC counsel, A.O. Mohammed, told the court that although the witness had been notified, he could not appear due to administrative procedures.
The prosecutor explained that he had been directed by the Force Headquarters to formally write to the Inspector-General of Police requesting the officer’s appearance.
He added that while the letter was promptly sent, the witness later informed him of a personal matter at the FCT High Court in Gwagwalada, where his account was reportedly under a garnishee order.
Mohammed appealed to the court for an adjournment, stressing the importance of the witness to the prosecution’s case.
“We are seeking the discretion of this court in our favour because the last witness worked closely with the Special Panel that investigated the defendant,” he said.
However, defence counsel, Matthew Burkaa (SAN), strongly opposed the application for adjournment.
He argued that under Section 396(3) and (4) of the Administration of Criminal Justice Act, 2015, parties are limited to five adjournments from arraignment to judgment.
Burkaa noted that the EFCC had already exceeded this limit, having been granted eight adjournments.
“The prosecution made its choice by allowing the witness to attend to a personal matter instead of this official engagement,” he argued.
He further reminded the court that the prosecution had earlier sought and obtained an accelerated hearing of the case, adding that since 2023, the court had indulged the EFCC multiple times.
The senior advocate also pointed out that Emefiele had consistently attended proceedings without seeking adjournments despite travelling from Lagos.
In his ruling, Justice Muazu agreed that the EFCC had exhausted the number of adjournments permitted by law but held that the court retains discretion to grant further adjournments in the interest of justice.
He noted that the testimony of an investigator was crucial and should not be shut out.
However, the judge criticised the EFCC for delaying the trial despite securing an accelerated hearing, leading to the imposition of the ₦500,000 fine.
Justice Muazu subsequently adjourned the matter to April 27 and 28 for continuation of the trial, warning that failure to produce the witness could attract legal consequences.
Emefiele is standing trial in suit marked FCT/HC/CR/577/2023 on an amended 20-count charge filed by the EFCC on behalf of the Federal Government.
The charges border on criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence, and obtaining money by false pretence.
Among other allegations, the former CBN governor was accused of fraudulently obtaining $6.23m purportedly meant for international election observers during the 2023 general election.
He was also alleged to have conferred corrupt advantages on two firms, April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
Emefiele, however, has pleaded not guilty to all the charges.
