Justice Hamza Muazu of the High Court of the Federal Capital Territory on Tuesday ordered the Economic and Financial Crimes Commission (EFCC) to produce its witness in the ongoing procurement fraud trial against former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, or risk having the case dismissed.
Justice Muazu ruled that the witness must appear on the next adjourned dates, April 27 and 28, warning that failure to comply would prompt the court to take necessary action under the law. The judge also imposed a fine of ₦500,000 on the EFCC for failing to bring its last witness, Deputy Commissioner of Police (DCP) Elohor Edwin Okpoziakeo, to court as scheduled.
The DCP, who was part of the team investigating Emefiele for the alleged fraud, reportedly failed to appear due to personal matters, including a garnishee order affecting his personal account at the FCT High Court, Gwagwalada Division. EFCC counsel, A.O. Mohammed, informed the court that the witness was directed to submit a formal request to the Inspector-General of Police to attend, but could not do so on Tuesday. Mohammed requested an adjournment to allow the witness to testify, emphasizing his importance to the trial.
The request was strongly opposed by Emefiele’s lead counsel, Matthew Burkaa, who argued that the EFCC had already exceeded the five adjournments allowed under Sections 396(3) and (4) of the Administration of Criminal Justice Act, 2015. He noted that the prosecution had been granted eight adjournments since the arraignment and urged the court not to grant further delays. Burkaa also highlighted that his client had complied fully with the accelerated trial schedule and had never requested an adjournment.
Justice Muazu acknowledged that EFCC had exhausted its statutory adjournments but held that the court retains discretion to grant delays in the interest of justice. He stressed that key investigators should not be barred from testifying in cases of this nature, while penalizing the anti-graft agency for delaying proceedings despite the accelerated hearing.
Emefiele is facing trial under suit number FCT/HC/CR/577/2023 on a 20-count amended charge filed by EFCC on behalf of the Federal Government. The charges include 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.
Among the allegations, Emefiele is accused of obtaining $6,230,000 allegedly meant for international election observers during the 2023 general election and of conferring corrupt advantages on two companies, April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
The former CBN chief has pleaded not guilty to all charges, and the trial will continue on April 27 and 28.
ELIJAH ADEYEMI
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