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The trial of the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, on alleged procurement fraud was on Tuesday stalled before a High Court of the Federal Capital Territory (FCT), Abuja.
Justice Hamza Muazu had in June adjourned to September 22 and 23, for continuation of the prosecution’s case after he held that the Economic and Financial Crimes Commission (EFCC) cannot call additional witnesses not listed in the case against Emefiele.
When the matter was called, the defendant’s lawyer, Mr Mathew Burkaa (SAN), who noted that the matter was adjourned to today (Tuesday) for continuation of trial, informed the court that he does not know why any of the prosecutors was not in court.
Responding, Justice Muazu drew his attention to a letter from the EFCC praying for an adjournment of the matter to a later date.
Displeased with the information, the senior lawyer, who expressed pain that both the defendant and himself came to the court from Lagos, urged the court not to grant the adjournment because the letter did not give any cogent reason for the adjournment.
Besides, Burkaa faulted the letter on the grounds that the charge against his client was filed by the office of the Attorney General of the Federation and as such the EFCC was not the proper organisation to write a letter for an adjournment of the case.
Burkaa therefore urged the court to disregard the letter and foreclose the case of the prosecution.
“Since prosecution is not in court, I asked that their case be foreclosed. There is no application for adjournment from the AGF. The EFCC that wrote the letter is not the one who filed the charge.
“We therefore urged the court not to grant the adjournment and foreclose their case,” Burkaa submitted.
However, Justice Muazu declined to foreclose the case of the prosecution on grounds of fairness, adding that: “This is the last adjournment I will grant the prosecution and if they are not here, we would know what next to do.”
The commission had in 2023, arraigned Emefiele on a 20-count amended charge, bordering on alleged criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.
In proving the allegation, EFCC’s lawyer, Mr Rotimi Oyedepo (SAN), after calling 10 witnesses, had brought an application seeking to file additional proof of evidence, as well as calling two new witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra judicial statements were made in August 2024, in respect of the charge against Emefiele.
Responding, the defendant had brought an application barring the EFCC from calling additional witnesses after the 10 witnesses listed on the proof of evidence have already testified.
Delivering ruling in March, Justice Muazu had observed that the anti-graft agency had on February 12, 2024, first filed additional proof of evidence against the former CBN governor to accommodate the evidence of a former Secretary to the Government of the Federation (SGF), Mr Boss Mustapha, and one Bamayi Haruna Mairiga.
The judge, who noted that the charge against Emefiele was filed since August 14, 2023, and his plea taking on November 16, 2023, said that the action of the EFCC had a resemblance of denial of fair trial because the former governor of CBN was not confronted with the new evidence during investigation as required by law.
Justice Muazu agreed with Burkaa that the action of EFCC amounted to trial by ambush and a clear case of fishing for evidence in the trial that commenced since November 28, 2023.
In the ruling, the judge also agreed that allowing the additional proof of evidence after the charge had been amended severally was prejudicial to the defendant, as his right to fair hearing is being breached.
Justice Muaza held that the position of the law is that a charge was filed upon the completion of investigation and prima facie case established against any defendant in a criminal matter, adding that in the instant case, the contrary is the case.
The judge however, declined to strike out the charge for being a product of incomplete or ongoing investigation and therefore speculative as claimed by Emefiele.
Justice Muaza said that the charge cannot be struck down because both the defendant and the prosecution had joined issues with each other and trial almost completed, adding that having gone so far, justice would be served if the trial is completed on its merit and final judgment delivered in the matter.
He also declined to expunge the evidence of Boss Mustapha and Bamayi Haruna Mairiga from the court records as requested by Emefiele that the evidence of the two witnesses offended Section 36 (2) of the 1999 Constitution on fair hearing.
Among the allegations against Emefiele was that he forged a document titled: ‘Re: Presidential Directive on Foreign Election Observer Missions’ dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (SGF).
He is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in a charge marked: FCT/HC/CR/577/2023.
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