A High Court of the Federal Capital Territory sitting in Maitama has awarded a cost of N500,000 against the Economic and Financial Crimes Commission over delays in the ongoing trial of former Central Bank Governor, Godwin Emefiele.
Justice Hamza Muazu imposed the cost after the prosecution failed to present its witness at Tuesday’s hearing, despite seeking multiple adjournments in the case.
The judge granted the prosecution what he described as a final adjournment to enable it produce its witnesses, stressing the need to avoid further delays in the trial.
Emefiele is facing a 20-count amended charge bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining money by false pretence. Among the allegations is that he fraudulently obtained $6.23 million purportedly meant for international election observers during the 2023 general election.
At the hearing, prosecuting counsel, Abba Mohammed (SAN), told the court that the scheduled witness, a Deputy Commissioner of Police, was absent due to another court appearance in a personal matter. He subsequently applied for an adjournment.
However, defence counsel, Matthew Burkaa (SAN), opposed the request, arguing that under the Administration of Criminal Justice Act (ACJA) 2015, the prosecution had already exceeded the allowable number of adjournments since the case began.
In his ruling, Justice Muazu agreed that the law limits adjournments but noted that the court retains discretionary powers in the interest of justice. He said the absence of a key investigator should not stall the case indefinitely but must be balanced with fairness to all parties.
Citing the relevant provisions of the ACJA, the judge sanctioned the prosecution for delaying proceedings despite earlier being granted accelerated hearing.
The case was subsequently adjourned to April 27 and 28 for continuation of trial.
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