Godwin Emefiele: Court imposes N500,000 penalty on Economic and Financial Crimes Commission over delay

A High Court of the Federal Capital Territory in Maitama, Abuja, on Tuesday ordered Economic and Financial Crimes Commission to pay N500,000 for delaying the trial of former Central Bank of Nigeria governor, Godwin Emefiele.

The trial judge, Hamza Muazu, imposed the cost after the prosecution failed to present its witness at the resumed hearing. While granting what he described as a final adjournment, the judge cautioned the prosecution to ensure its witnesses are present at the next sitting.

Emefiele is facing a 20-count amended charge marked FCT/HC/CR/577/2023, bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money under false pretences. Among the allegations is that he secured $6.23 million under the pretext of funding international election observers for the 2023 general elections. He is also accused of conferring undue advantages on two firms April 1616 Nigeria Ltd and Architekon Nigeria Ltd.

At the hearing, prosecuting counsel, Abba Mohammed, informed the court that the prosecution’s witness, a Deputy Commissioner of Police, Elohor Okpoziakeo, was absent despite prior notification. He explained that the witness was attending another matter at the Gwagwalada Division of the FCT High Court involving a personal case against a commercial bank, where a garnishee order had been placed on his account.

The prosecutor added that efforts had been made to secure the witness’s attendance, including writing to the Inspector General of Police through the Force Headquarters, and subsequently requested an adjournment.

However, defence counsel, Matthew Burkaa, opposed the request, citing provisions of the Administration of Criminal Justice Act, 2015, which limit adjournments in criminal trials. He argued that the prosecution had already exceeded the allowable number, having obtained about eight adjournments since the trial began, and faulted its handling of the case.

In his ruling, Justice Muazu acknowledged the legal limits on adjournments but held that the court retains discretion to grant them in the interest of justice. He noted that the absent witness, being an investigator in the case, was crucial and should not be excluded.

Relying on Section 396(6) of the Act, the judge awarded N500,000 in costs against the prosecution for the delay and adjourned the matter to April 27 and 28 for continuation of the trial.