Court Directs EFCC to Present Witness Against Emefiele or Risk Case Dismissal

The Economic and Financial Crimes Commission (EFCC) was ordered by Federal Capital Territory High Court Judge Hamza Muazu on Tuesday to present its witness in the ongoing trial of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, or else the case will be closed.

The judge decided that the anti-graft agency would have to make sure its witness was present on the next postponed date, which is April 27, or else it would be subject to legal repercussions.According to reports, Justice Muazu also fined the EFCC ₦500,000 for neglecting to bring Elohor Edwin Okpoziakeo, Deputy Commissioner of Police, who was supposed to testify in court on Tuesday.

One of the investigators in the purported procurement fraud case, Okpoziakeo, was reportedly absent because of personal obligations.

A.O. Mohammed, the EFCC’s attorney, informed the court during the resumed hearing that the witness had been informed but was unable to come because of administrative procedures.

The prosecutor clarified that Force Headquarters had instructed him to send an official letter to the Inspector-General of Police asking for the officer to appear.

He continued by saying that although the letter was sent right away, the witness later told him of a private matter in the FCT High Court in Gwagwalada, where his account was allegedly subject to a garnishee order.

In his request for an adjournment, Mohammed emphasized the witness’s significance to the prosecution’s case.

“Because the last witness was closely involved with the Special Panel that looked into the defendant, we are asking this court to use its discretion in our favor,” he stated.

Matthew Burkaa (SAN), the defense attorney, vehemently disagreed with the request for an adjournment.

He said that the Administration of Criminal Justice Act, 2015’s Sections 396(3) and (4) restrict parties to five adjournments from arraignment to judgment.

Burkaa pointed out that after eight adjournments, the EFCC had already gone over this cap.

He contended, “The prosecution made its decision by letting the witness attend to a personal matter instead of this official engagement.”

He further reminded the court that the prosecution had already requested and been granted an expedited hearing of the matter, and that the court had granted the EFCC many indulgences since 2023.

Even though Emefiele traveled from Lagos, the senior lawyer noted that he had regularly attended proceedings without requesting adjournments.

In his decision, Justice Muazu acknowledged that the EFCC had used up all of the legally allowed adjournments, but he also maintained that the court has the authority to grant additional adjournments in the interest of justice.

He pointed out that an investigator’s testimony was important and shouldn’t be excluded.

The EFCC was fined ₦500,000 after the judge chastised them for postponing the trial despite obtaining an expedited hearing.

After that, Justice Muazu postponed the trial to April 27 and 28, cautioning that failing to present the witness would have legal repercussions.

Emefiele is on trial in the lawsuit FCT/HC/CR/577/2023, which is based on an amended 20-count accusation that the Federal Government’s EFCC filed.

Criminal breach of trust, forgery, misuse of office, conspiracy to obtain by false pretense, and getting money by false pretense are all included in the charges.

The previous governor of CBN was accused, among other things, of unlawfully receiving $6.23 million during the 2023 general election that was allegedly intended for foreign election monitors.

Additionally, April 1616 Nigeria Ltd. and Architekon Nigeria Ltd. were accused of receiving corrupt advantages from him.

But Emefiele has entered a not guilty plea to each of the accusations.