On Tuesday, the Federal Capital Territory (FCT) High Court in Abuja imposed a fine of N500,000 on the Economic and Financial Crimes Commission (EFCC) for hindering the corruption trial of former Central Bank of Nigeria (CBN) governor, Godwin Emefiele.
The penalty was enforced by Judge Hamza Muazu after the EFCC failed to produce its next witness for prosecution, resulting in a delay for a scheduled court hearing on that day.
The court proceedings came to a halt as the EFCC could not present the 13th prosecution witness, leading to an unexpected adjournment. The witness in question, Edwin Okpoziakeo, a deputy commissioner of police involved in the investigation, was not present in court.
Prosecuting attorney, A.O. Mohammed, informed the court that although the witness was alerted to appear, he was unavailable due to administrative directives. He stated that he was instructed by the Force Headquarters to formally request the presence of Okpoziakeo from the Inspector-General of Police.
The lawyer further explained that Okpoziakeo had stated he had personal matters to attend to at another court in Gwagwalada, where his personal account was subject to garnishee proceedings.
As a result, the prosecution lawyer requested an adjournment to enable the production of the witness. However, defense counsel Matthew Burkaa strongly opposed this request, citing Section 396(3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015, which restricts each party to a maximum of five adjournments from the arraignment to the final judgment.
Burkaa pointed out that the EFCC had already been granted eight adjournments, exceeding the legal allowance, and contended that the prosecution had allowed the witness's personal matters to take priority over court obligations.
He argued that the EFCC had previously sought a speedy trial. He reiterated that the court had already accommodated the prosecution with eight adjournments since 2023 and asked that no further delays be permitted.
While the judge concurred with the defense's sentiments, he acknowledged that the court retains discretion to approve an adjournment to preserve justice, emphasizing the significance of having an investigator present in serious cases.
Nonetheless, he ordered the EFCC to pay a fine of N500,000 for the trial delay, despite the court's readiness to expedite the hearing process. The judge then rescheduled the trial for April 27 for further proceedings.
Earlier, during Monday's session, a witness for the prosecution, David Jaiyeoba, confirmed that Emefiele was not a signatory to the accounts of two firms linked to the alleged corrupt contracts.
The EFCC is pursuing 20 modified counts against Emefiele, including criminal breach of trust, forgery, obtaining money under false pretenses, and conspiracy to commit forgery, among others.
The agency claims the former governor awarded preferential treatment to companies such as April 1616 Nigeria Ltd and Architekon Nigeria Ltd, allegedly benefiting from corrupt transactions.
Additionally, the EFCC accused Emefiele of an illicit payment of $6.23 million from the CBN's vault in Abuja in 2023, disguised as expenses for nonexistent foreign election observers.
Emefiele has denied all charges leveled against him. The trial was adjourned following the conclusion of testimony from the 12th prosecution witness.
The EFCC was expected to present its next witness on Tuesday, but the absence of the proposed witness hindered progress. Following the delays, the trial continues to unfold with significant public interest in the proceedings.
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