Emefiele trial teeters: Court warns EFCC to produce witness or lose the case

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By Amah

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The trial of former Central Bank governor, Godwin Emefiele, took a dramatic turn on Tuesday as the Federal Capital Territory High Court issued a firm ultimatum to the Economic and Financial Crimes Commission (EFCC), warning that failure to produce its remaining witness could lead to the closure of the prosecution’s case.

Presiding judge, Justice Hamza Muazu, ruled that the anti-graft agency must present its final witness at the next hearing scheduled for April 27, or face consequences in line with the law, including the possible termination of its case.

The court’s warning followed the EFCC’s inability to produce Deputy Commissioner of Police, Elohor Edwin Okpoziakeo, an investigator considered crucial to the prosecution. His absence, reportedly due to personal legal matters in another court, drew the ire of the judge, who imposed a ₦500,000 fine on the EFCC for delaying proceedings.

At the resumed hearing, EFCC counsel, A.O. Mohammed, explained that although the witness had been duly notified, procedural directives from the Force Headquarters required a formal request to the Inspector-General of Police before his appearance. He added that the officer was simultaneously attending to a personal case, involving a garnishee order in Gwagwalada.

Mohammed urged the court to grant one final adjournment, stressing the importance of the witness, who worked closely with the investigative panel on the case.

However, the defence team, led by Senior Advocate of Nigeria, Matthew Burkaa, strongly opposed the request. Citing provisions of the Administration of Criminal Justice Act (ACJA) 2015, Burkaa argued that the prosecution had already exceeded the legally permitted number of adjournments.

He maintained that the EFCC had been granted eight adjournments since the trial began in 2023, well above the statutory limit of five, and accused the agency of undermining the court’s earlier approval for an accelerated hearing.

Burkaa further emphasided that his client had consistently attended court from Lagos without seeking delays, urging the judge to deny any further indulgence to the prosecution.

In his ruling, Justice Muazu acknowledged that the EFCC had indeed exceeded the allowable number of adjournments. Nevertheless, he exercised judicial discretion to allow one final opportunity in the interest of justice, while sanctioning the agency for its repeated delays.

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

Emefiele is currently facing a 20-count amended charge filed by the EFCC on behalf of the Federal Government. The charges include criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money by false pretence.

Among the allegations, the former apex bank chief is accused of fraudulently obtaining $6.23 million purportedly meant for international election observers during the 2023 general elections, as well as granting undue advantages to two private firms.

Emefiele has pleaded not guilty to all charges, setting the stage for what is increasingly shaping into a high-stakes legal showdown with significant political and institutional implications.

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