A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, on Tuesday awarded ₦500,000 in costs against the Economic and Financial Crimes Commission (EFCC) for delaying the trial of former Central Bank of Nigeria (CBN) governor Godwin Emefiele.
The trial judge, Justice Hamza Muazu, imposed the cost after the prosecution failed to produce its witness at the resumed hearing. He described the adjournment as final and warned the prosecution to ensure the attendance of its witnesses at the next sitting.
Emefiele is standing trial on a 20-count amended charge (FCT/HC/CR/577/2023) that includes alleged criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money by false pretence. He is accused of obtaining $6.23 million purportedly to fund international election observers for the 2023 general election and of conferring corrupt advantages on two firms, April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
At the proceedings, prosecuting counsel Abba Mohammed (SAN) informed the court that the witness, Deputy Commissioner of Police Elohor Edwin Okpoziakeo, was absent despite being duly notified. Mohammed explained that the witness was attending a separate matter at the Gwagwalada Division of the FCT High Court, which involved a personal case against a commercial bank where a garnishee order had been placed on his account.
The prosecutor added that steps had been taken to secure the witness’s attendance, including writing to the Inspector-General of Police through Force Headquarters, following a directive issued on Monday, and subsequently applied for an adjournment to enable the witness to testify.
Defence counsel Matthew Burkaa (SAN) opposed the application, citing Sections 396(3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015, which limit parties in a criminal trial to five adjournments from arraignment to judgment. Burkaa argued that the prosecution had already exceeded the statutory limit, having been granted about eight adjournments since the trial began.
He contended that the prosecution had failed to properly manage its case, noting that the witness had been listed in the proof of evidence since January 2024 and that sufficient time had been available to secure his attendance. The defence urged the court to refuse further adjournment.
In his ruling, Justice Muazu acknowledged the ACJA provisions on adjournments but held that the court retains discretionary powers to grant adjournments in the interest of justice. He noted that the witness, being an investigator in the case, was a material witness who should not be barred from testifying.
Relying on Section 396(6) of the ACJA, the judge awarded N500,000 in costs against the prosecution for causing delay, despite the earlier grant of an accelerated hearing.
The matter was adjourned to April 27 and 28 for the continuation of the trial.
