A High Court of the Federal Capital Territory (FCT) sitting in Maitama has slammed a ₦500,000 fine on the Economic and Financial Crimes Commission (EFCC) over repeated delays in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
Trial Justice Hamza Mu’azu imposed the fine on Tuesday after the anti-graft agency failed to produce its 13th witness, DCP Edwin Okpoziakeo, in court as scheduled.
When the matter was called, EFCC counsel, A. O. Mohammed, told the court that the witness was unavailable due to administrative bottlenecks.
He explained that although the officer had been notified, the Police hierarchy insisted on a formal letter to the Inspector-General of Police before permitting his appearance.
Mohammed said he complied with the directive, but the witness later informed him he had a personal matter in another court in Gwagwalada, where his account was under a garnishee order. He then pleaded for an adjournment to enable the prosecution to present the witness.
However, Emefiele’s lawyer, Matthew Burkaa, SAN, strongly opposed the request, citing sections 396(3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015, which limit each party to five adjournments from arraignment to judgment.
He told the court the EFCC had already exceeded that limit, having secured eight adjournments. Burkaa argued that the prosecution “had made its choice” by allowing the witness prioritise personal matters, insisting that the defendant should not suffer for what he described as bureaucratic lapses.
He further reminded the court that the prosecution had earlier pushed for an accelerated hearing, urging the judge to reject the fresh request.
In his ruling, Justice Mu’azu agreed with the defence but noted that the court retains discretion to grant adjournments in the interest of justice.
He held that the witness, being part of the investigative team, should not be excluded from the trial. The judge therefore granted the adjournment but penalised the EFCC with a ₦500,000 fine for delaying proceedings.
The case was adjourned till April 27.
Emefiele, who headed the apex bank from 2014 to 2023, is facing a 20-count charge bordering on criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money by false pretence.
EFCC alleges that he illegally awarded contracts for 43 vehicles worth ₦1.2 billion between 2018 and 2020.
He is also accused of conferring a corrupt advantage on a CBN staff member, Sa’adatu Ramallan Yaro, by awarding her company, April 1616 Investment Ltd., a contract for 37 Toyota Hilux vehicles valued at ₦854 million.
The anti-graft agency further claims Emefiele fraudulently obtained $6.23 million meant for international election observers during the 2023 general election.
Emefiele has pleaded not guilty to all charges and remains on bail pending the determination of the case.
