Court Imposes N500,000 Fine on EFCC for Repeated Adjournments in Emefiele's Trial
An Abuja High Court has levied a fine of N500,000 against the Economic and Financial Crimes Commission (EFCC) for consistently seeking adjournments in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele. Justice Hamza Muazu imposed the penalty after the prosecution failed to produce its thirteenth witness, DCP Edwin Okpoziakeo, who was scheduled to testify in the high-profile case.
Background of the Charges Against Emefiele
Godwin Emefiele is facing multiple charges, including criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence, and obtaining money by false pretence during his tenure as CBN governor. The EFCC alleges that Emefiele fraudulently obtained $6.23 million, which was purportedly intended for international election observers during the 2023 General Elections. Additionally, the anti-graft agency accuses him of conferring corrupt advantages on two companies, April 1616 Nigeria Ltd and Architekon Nigeria Ltd. Emefiele has pleaded not guilty to all charges.
Prosecution's Explanation for Witness Absence
During Tuesday's proceedings, EFCC counsel A.O. Mohammed informed the court that the witness could not appear due to administrative procedures. Mohammed explained that the witness had been directed by the Force Headquarters to appear only after a formal request was sent to the Inspector-General of Police. He stated that he complied by writing the required letter, but the witness later informed him that he was attending to a personal matter in another court in Gwagwalada, where his personal bank account was reportedly under a garnishee order. Mohammed urged the court to grant another adjournment to allow the prosecution to present the witness.
Defence's Opposition and Legal Arguments
Matthew Burkaa, counsel to Emefiele, strongly opposed the application for adjournment. Burkaa cited Sections 396(3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015, which limit the number of adjournments each party may seek during trial. He argued that the prosecution had already been granted eight adjournments, exceeding the statutory limit of five. Burkaa further contended that the EFCC had previously requested an accelerated hearing of the case but had repeatedly delayed proceedings, undermining the judicial process.
Court's Ruling and Imposition of Fine
In his ruling, Justice Muazu acknowledged the defence's argument that the prosecution had sought multiple adjournments. However, he noted that the court retains discretion to grant adjournments in the interest of justice, particularly when the testimony of an investigator is considered material to the case. Despite this, the judge imposed a N500,000 fine on the EFCC for delaying the trial, emphasizing that the agency had earlier assured the court of accelerated proceedings. The matter has been adjourned until April 27 for the continuation of the trial, with expectations for more efficient progress moving forward.
