A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, has ordered the Economic and Financial Crimes Commission (EFCC) to pay N500,000 in costs for delaying the trial of former Central Bank of Nigeria governor, Godwin Emefiele.
The trial judge, Hamza Muazu, imposed the sanction on Tuesday after the prosecution failed to present its witness at the resumed hearing, prompting what he described as a final adjournment.
Justice Muazu warned the prosecution to ensure the attendance of its witnesses at the next sitting, stressing the need to avoid further delays.
At the proceedings, prosecuting counsel, Abba Mohammed (SAN), told the court that the prosecution’s witness, Deputy Commissioner of Police Elohor Okpoziakeo, was absent despite being duly notified.
He explained that the witness was attending another matter at the Gwagwalada Division of the FCT High Court involving a personal case against a commercial bank, where a garnishee order had been placed on his account.
Mohammed added that steps had been taken to secure the witness’s attendance, including writing to the Inspector General of Police through the Force Headquarters following a directive issued on Monday, and subsequently applied for an adjournment.
However, 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 the number of adjournments in criminal trials.
He argued that the prosecution had already exceeded the statutory limit, having secured about eight adjournments since the trial began.
Burkaa further contended that the prosecution failed to properly manage its case, noting that the witness had been listed in the proof of evidence since January 2024 and that ample time had been available to ensure his presence. He urged the court to refuse further adjournment.
In his ruling, Justice Muazu acknowledged that the provisions of the ACJA on adjournments were clear but held that the court retains discretionary powers to grant adjournments in the interest of justice.
He noted that the absent witness, being an investigator in the case, was a material witness who should not be shut out.
Relying on Section 396(6) of the ACJA, the judge awarded a cost of N500,000 against the prosecution for causing delay, despite the earlier grant of accelerated hearing.
Emefiele is facing a 20-count amended charge marked FCT/HC/CR/577/2023, bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money by false pretence.
He is, among other allegations, accused of obtaining $6.23 million under the guise of funding international election observers for the 2023 general election and conferring corrupt advantages on two firms—April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
The case was adjourned to April 27 and 28 for continuation of trial.
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