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Court Gives EFCC Final Ultimatum in Emefiele Trial, Slams Agency with ₦500,000 Fine

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Justice Hamza Muazu of the Federal Capital Territory (FCT) High Court has issued a final directive to the Economic and Financial Crimes Commission (EFCC) to produce its key witness in the ongoing trial of former Central Bank of Nigeria governor, Godwin Emefiele, or risk having the case closed.

The judge ruled on Tuesday that the anti-graft agency must present its witness on the next adjourned date, April 27, failing which the court would take appropriate action in accordance with the law.

Justice Muazu also imposed a ₦500,000 fine on the EFCC for failing to produce its final witness, Deputy Commissioner of Police Elohor Edwin Okpoziakeo, who was scheduled to testify. The court was informed that the officer was absent due to personal matters, despite prior notification.

During proceedings, EFCC counsel, A.O. Mohammed, explained that administrative procedures required him to formally request the witness’s appearance through the Inspector-General of Police. He added that although the request was made, the witness could not attend due to a personal legal issue.

Mohammed appealed for an adjournment, emphasizing the importance of the witness, who was part of the investigative panel in the case.

However, defence counsel Matthew Burkaa opposed the request, citing provisions of the Administration of Criminal Justice Act (ACJA) 2015, which limits adjournments to five per party. He argued that the EFCC had already exceeded this limit, having been granted eight adjournments since the trial began.

Burkaa further noted that the prosecution had previously sought an accelerated hearing, while the defendant had consistently appeared in court without requesting delays.

In his ruling, Justice Muazu acknowledged that the EFCC had surpassed the statutory limit for adjournments but maintained that the court retains discretionary powers to grant further adjournments in the interest of justice. He stressed the significance of the investigator’s testimony but warned against further delays.

The case was subsequently adjourned to April 27 and 28 for continuation of trial.

Emefiele is facing a 20-count amended charge filed by the EFCC on behalf of the Federal Government, bordering on alleged procurement fraud, criminal breach of trust, forgery, abuse of office, and obtaining money by false pretence.

Among the allegations, the former CBN governor is accused of fraudulently obtaining $6.23 million purportedly meant for international election observers during the 2023 general election, and conferring undue advantages on two companies, April 1616 Nigeria Ltd and Architekon Nigeria Ltd.

Emefiele has pleaded not guilty to all charges.

Mike Ojo

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