Justice Hamza Muazu of the Federal Capital Territory High Court has ordered the Economic and Financial Crimes Commission (EFCC) to produce its witness in the ongoing trial of former Central Bank Governor, Godwin Emefiele, or risk having the case shut down.
The judge gave the directive on Tuesday, warning that the anti-graft agency must ensure the witness appears on the next adjourned date, April 27, or face legal consequences.
Justice Muazu also fined the EFCC ₦500,000 for failing to present its scheduled witness, Deputy Commissioner of Police Elohor Edwin Okpoziakeo, who is part of the investigative team in the alleged procurement fraud case.
During proceedings, EFCC counsel A.O. Mohammed told the court that although the witness had been notified, he was unable to attend due to administrative procedures and a separate personal legal matter at a court in Gwagwalada. He explained that he had been instructed to formally write to the Inspector-General of Police to facilitate the officer’s appearance.
Mohammed appealed for an adjournment, emphasizing the importance of the witness to the prosecution’s case.
However, defence counsel Matthew Burkaa (SAN) opposed the request, arguing that the EFCC had already exceeded the number of adjournments permitted under the Administration of Criminal Justice Act, 2015. He noted that the prosecution had been granted eight adjournments, surpassing the legal limit.
Burkaa further argued that the prosecution chose to prioritise the witness’s personal engagement over the court proceedings, despite previously securing accelerated hearing of the case. He also pointed out that Emefiele had consistently attended court sessions without seeking delays.
In his ruling, Justice Muazu acknowledged that the EFCC had exhausted the allowed adjournments but stated that the court still retains discretion to grant additional ones in the interest of justice. He added that the testimony of an investigating officer is critical and should not be excluded.
Nonetheless, the judge criticised the EFCC for delaying the trial and imposed the fine for its failure to produce the witness.
The case was subsequently adjourned to April 27 and 28 for continuation, with a firm warning that failure to present the witness could attract serious legal consequences.
Emefiele is currently standing trial in a 20-count charge filed by the EFCC, bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money by false pretence.
Among the allegations, he is accused of fraudulently obtaining $6.23 million purportedly meant for international election observers during the 2023 general elections, as well as conferring corrupt advantages on two companies.
The former apex bank chief has pleaded not guilty to all charges.
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