The judge held that the witness must be brought to court by the anti-graft agency on the April 27 adjourned date or else the court would do the needful in line with the provisions of the law.
Justice Hamza Muazu of the Federal Capital Territory (FCT) High Court on Tuesday issued a final order directing the Economic and Financial Crimes Commission (EFCC) to present its witness in the alleged procurement fraud case against former Central Bank of Nigeria (CBN) Governor Godwin Emefiele or risk having the case dismissed.
The judge held that the witness must be brought to court by the anti-graft agency on the April 27 adjourned date or else the court would do the needful in line with the provisions of the law.
Justice Muazu imposed a fine of N500,000 on the EFCC for its failure to bring its last witness, Deputy Commissioner of Police, DCP Elohor Edwin Okpoziakeo, to court on Tuesday to give evidence as scheduled.
The DCP was one of those who investigated Emefiele for the alleged fraud but was said to be absent in court to attend to personal matters at the expense of the official engagement.
At the resumed trial on Tuesday, counsel to EFCC, A.O. Mohammed, informed the court that the witness, though notified of the need for his presence in court, was however not in court due to administrative procedures.
Specifically, the prosecutor told the court that he was directed on Monday at the Force Headquarters to write a formal letter to the Inspector-General of Police formally requesting the presence of the DCP as a witness in court.
He said that he promptly wrote the letter to the IGP as directed but that the DCP later told him that he has a personal matter at the FCT High Court in Gwagwalada Division, where his personal account was under garnishee order
Mohammed therefore pleaded with the judge to grant him and adjournment to produce the witness in court
He said that the witness was so important to the trial that the court on its own summoned him for the purpose of testifying in the interest of justice.
“We are seeking the discretion of this court in our favour because the last witness worked closely with the Special Panel that investigated the defendant”.
However, the request for adjournment was vehemently opposed by Matthew Burkaa, SAN, who stood for Emefiele at the proceedings.
The senior lawyer referred the judge to Section 396(3) and (4) of the Administration of Criminal Justice Act, 2015, which limited each party to only five adjournments from the arraignment till final judgment.
In the instant case, he said that the EFCC had been granted adjournments eight times as against the provisions of the law, adding that the prosecution made its choice by allowing the witness to choose a personal matter above the official engagement.
Besides, the senior lawyer argued that the anti-graft agency applied and secured accelerated trial of the defendant, adding that between 2023 till date, the court had indulged the prosecution with eight adjournments. He prayed the court not to grant any other one.
The senior lawyer said that Emefiele despite coming from Lagos to attend trial, had never for once, applied for an adjournment as he kept faith with the accelerated trial granted the EFCC.
In his ruling, Justice Muazu agreed with the defence counsel that EFCC had exhausted the five adjournments donated to it by law, but however stated that the court still retains discretion for an adjournment if it is in the interest of justice.
The judge held that an investigator is not one that should be shut out in a matter of this nature but however imposed a fine of N500,000 on the anti-graft agency for delaying the trial despite being granted accelerated hearing.
Justice Muazu then adjourned the case to April 27 and 28 for continuation of trial.
Emefiele is facing trial before Justice Hamza Muazu in the suit marked FCT/HC/CR/577/2023, brought against him by EFCC, on behalf of the Federal Government, on an amended 20-count charge 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.
He 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 election.
He was also accused conferring corrupt advantages on two companies — April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
The former CBN chief, however, pleaded not guilty to the charge preferred against him.
