By Nchetachi Chukwuajah
The High Court of the Federal Capital Territory (FCT) sitting at Maitama, Abuja, has imposed a N500,000 fine on the Economic and Financial Crimes Commission (EFCC) for seeking multiple adjournments in the trial of the immediate past governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
The fine regarding the multiple adjournments was announced by Justice Hamza Muazu during court proceedings on Tuesday, March 17.
Justice Muazu also granted the EFCC one last adjournment to enable it to bring its witnesses to court to testify in the ongoing trial of the former CBN governor.
Emefiele is facing trial before the court in the suit brought against him by EFCC on an amended 20-count charge bordering on 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 others, the former CBN governor was alleged to have obtained by false pretence the sum of $6,230,000, purportedly meant for international election observers for the 2023 general election.
Emefiele was also accused of conferring corrupt advantages on two companies, April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
However, he pleaded not guilty to the charge preferred against him.
At the resumed hearing in the case on Tuesday, the counsel for the prosecution, A.O. Mohammed, informed the court that the prosecution witness scheduled to testify on Tuesday, DCP Elohor Edwin Okpoziakeo, was not in court, though he (witness) was duly notified of the need to be present in court.
According to Mohammed, the witness was attending a court proceeding before the Gwagwalada Division of the High Court of FCT, where he had a personal matter against UBA in which a garnishee order was placed against his (Okpoziakeo’s) account with the bank.
He further told the court that he was directed on Monday at the Force Headquarters to write a formal letter to the Inspector-General of Police (IGP) to formally request the presence of the witness, who he said worked closely with the special investigator appointed by President Bola Tinubu to investigate the CBN under the defendant, Jim Obaze.
Mohammed stated that he submitted the letter on Monday and met with the Assistant Inspector General (AIG) in charge of legal matters at the Force Headquarters.
He, therefore, sought an adjournment to enable the prosecution to bring the witness to court to testify in the case.
However, the application for adjournment by the prosecution was opposed by the counsel for Emefiele, Matthew Burkaa.
Burkaa cited the provision of Section 396 (3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015, which limits each party to only five adjournments from the arraignment till final judgment.
The defence counsel told the court that in the instant case, the prosecution had been granted eight adjournments at different times since the commencement of the case, despite what the law stipulated.
He added that the prosecution made its choice by allowing the witness to choose a personal matter above an official engagement, adding that the court does not have the discretion to grant the prosecution’s request.
Apart from the issue of the law, Burkaa argued that the prosecution had applied and secured an accelerated hearing in the case, adding that the witness the prosecution wanted to call was included in the additional proof of evidence dated January 17, 2024.
He added that the prosecution had a period of over two years to do the needful and get the witness ready, but failed to do so until Monday, March 16.
The senior advocate then urged the court to refuse the prosecution’s request for another adjournment.
In his ruling on the application, Justice Muazu agreed with the submission of the defence counsel on the limited number of adjournments by parties, but stated that the court still retains discretion for an adjournment if it is in the interest of justice.
He held that an investigator should not be shut out in a matter of this nature, but imposed the fine of N500,000 on the EFCC based on the provision of Section 396 (6) of ACJA for delaying the trial despite being granted an accelerated hearing.
The judge adjourned the case till April 27 and 28 for continuation of the trial.
