BY ANTHONY OCHELA, ABUJA
High Court of the Federal Capital Territory, FCT, in Maitama yesterday awarded a cost of N500,000 against the Economic and Financial Crimes Commission, EFCC, for causing delay in the ongoing trial of a former governor of the Central Bank of Nigeria, CBN, Godwin Emefiele, by seeking multiple adjournments.
Justice Hamza Muazu awarded the cost when the EFCC, which is the prosecuting agency, failed to produce its witness at the resumed hearing in the case.
Justice Muazu said it would grant the prosecution one last adjournment to enable it produce its witnesses for the purpose of the trial.
Emefiele is being prosecuted on a 20-count amended charge marked FCT/HC/CR/577/2023, in which he was charged with offences bordering on criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence and obtaining money by false pretence while serving as CBN governor.
Emefiele was, among others, alleged to have knowingly obtained by false pretence, the sum of $6,230,000 purportedly meant for international election observers for the 2023 general elections.
The former CBN boss was also accused of conferring corrupt advantages on two companies — April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
At the commencement of proceedings yesterday, the prosecuting lawyer, Abba Mohammed (SAN) said the witness that the prosecution had planned for the day, Elohor Okpoziakeo (a Deputy Commissioner of Police, DCP) was absent in court even though he was duly notified of the need to attend court.
Mohammed said Okpoziakeo was attending another proceeding before the Gwagwalada Division of the FCT High Court, where he had a personal matter against UBA in which a garnishee order was placed against his (Okpoziakeo’s) account with the bank.
The prosecuting lawyer said he was on Monday directed at the Force Headquarters to write a formal letter to the Inspector-General of Police, IGP, to formally request the presence of the witness, who he said worked closely with Jim Obaze, the special investigator appointed by President Bola Tinubu to investigate the CBN under Emefiele.
Mohammed informed the court that he submitted the letter on Monday and met with the Assistant Inspector-General, AIG, in charge of legal matters at the Force Headquarters.
He then applied for an adjournment to enable the prosecution produce the witness on the next date.
In an objection, the defence lawyer, Matthew Burkaa (SAN) argued that the provision of Section 396 (3) and (4) of the Administration of Criminal Justice Act, ACJA, 2015, limits each party to only five adjournments from the date of arraignment till judgement.
Burkaa noted that the prosecution had been granted eight adjournments at different times since the commencement of the case despite the provision of the law.
He added that the prosecution made its choice by allowing the witness to give priority to his personal case above an official engagement, arguing that the court does not have the discretion to grant the prosecution’s request for further adjournment.
Burkaa noted that the prosecution had applied and was granted accelerated hearing in the case, and that the witness it planned to call yesterday was included in the additional proof of evidence dated January 17, 2024.
He noted that the prosecution had a period of over two years to do all that was necessary to get the witness ready, but failed to act until March 16.
The defence lawyer then urged the court to refuse the prosecution’s application for further adjournment.
Ruling, Justice Muazu upheld Burkaa’s submission in relation to the provision of the ACJA on the number of adjournment a party in a criminal trial is entitled to.
The judge, however, held that the court still retains the discretionary power on the issue of adjournment if it is in the interest of justice.
Muazu held that an investigator is not one that should be shut out in a case of this nature.
Relying on Section 396 (6) of ACJA, the judge proceeded to award a cost of N500,000 against the prosecution for delaying the trial despite being granted accelerated hearing.
He then adjourned till April 27 and 28 for continuation of trial.
