Justice Hamza Muazu of a federal High Court, Abuja Division, on Tuesday imposed a N500,000 fine on the Economic and Financial Crimes Commission (EFCC) for seeking multiple adjournments in the trial of ex-governor of the Central Bank of Nigeria, Godwin Emefiele.
Mr Emefiele is charged with 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.
The anti-corruption agency alleged that Mr Emefiele obtained by false pretence the sum of $6,230,000 purportedly meant for international election observers for the 2023 general election.
The EFCC also accused Mr Emefiele of conferring corrupt advantages on two companies—April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
He however, pleaded not guilty to all the charge.
Justice Muazu imposed the fine on the anti-graft agency over failure to produce the witness (PW13) DCP Edwin Okpoziakeo, in court to give evidence as scheduled, which led to adjournment.
The DCP was on the team that investigated Emefiele in the alleged fraud.
Earlier, counsel for the EFCC, A.O. Mohammed, informed the court that the witness, though notified of the need for his presence in court, was not in available due to administrative procedures.
The prosecution specifically told the court that he was directed by the Force Headquarters to write a formal letter to the Inspector-General of Police requesting the presence of the DCP.
He said that he promptly wrote the letter as directed.
However, the DCP later told him that had a personal matter in another court in Gwagwalada, FCT, where his personal account was under garnishee order.
Mr Mohammed, therefore, pleaded with the court to grant him an adjournment to produce the witness in court
However, Matthew Burkaa, counsel to Mr Emefiele vehemently opposed the request for adjournment.
Mr Burkaa referred the court to Section 396(3) and (4) of the Administration of Criminal Justice Act (ACJA), 2015, which limited each party to only five adjournments from the arraignment till final judgment.
In the instant case, he said, EFCC had been granted adjournments eight times as against the provisions of the law.
He added that the prosecution made its choice by allowing the witness to choose personal matter above the official engagement.
Mr Burkaa argued that the anti-graft agency requested accelerated trial of the case.
He added that between 2023 till date, the court had indulged the prosecution with eight adjournements and prayed the court not to grant any more.
In his ruling, Justice Muazu agreed with the defence counsel, but however, stated that the court still retains discretion for an adjournment if it is in the interest of justice.
He held that an investigator was not one that should be shut out in a matter of such nature.
He 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 until April 27, for continuation of the trial.
(NAN)