Former governor of the Central Bank of Nigeria (CBN) Godwin Emefiele on Tuesday urged the High Court of the Federal Capital Territory, Abuja, to foreclose his prosecution over alleged procurement fraud following the absence of the prosecution in court.
Mr Emefiele is facing trial before Justice Hamza Muazu in case number CR/577/2023, filed by the Office of the Attorney-General of the Federation (AGF).
He is standing trial on a 20-count amended charge, including criminal breach of trust, conferring corrupt advantage, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence.
Among other allegations, he is accused of awarding six contracts between 2018 and 2022 for the supply of vehicles worth N1.2 billion to April 1616, a company linked to Sa’adatu Yaro, a CBN staff member and shareholder.
Emefiele has pleaded not guilty.
At Tuesday’s resumed hearing, Emefiele’s lawyer, Mathew Burkaa, asked the court to dismiss the prosecution for failing to appear despite being aware of the adjourned date since June 27 before the court’s vacation.
Mr Burkaa told the court that the lead prosecutor, Rotimi Oyedepo, neither appeared nor sent a representative.
He added that he was informed by the court registrar through a WhatsApp message that a letter seeking adjournment had been submitted.
The defence counsel noted that the application was sent by the Economic and Financial Crimes Commission (EFCC), not the AGF who filed the charge and questioned why EFCC was seeking adjournment.
He opposed the application for adjournment, arguing that none of the lawyers on the prosecution team were in court despite earlier requesting accelerated hearing.
Burkaa also stressed that his client and legal team travelled from Lagos for the proceedings.
Justice Muazu declined the request to foreclose the case but warned that the prosecution would be given one last opportunity.
He said the court would take necessary steps if the prosecution again failed to appear.
The matter was adjourned to October 22 for continuation of trial.
Emefiele is also facing a separate trial at the Special Offences Division of the Lagos High Court, Ikeja, where he is accused of corruption and fraudulent property transactions involving $4.5 billion and N2.8 billion.
On September 15, Justice Rahman Oshodi granted his application for a forensic review of WhatsApp chats and an iPhone tendered as evidence.
The review is scheduled for September 24 and 26.
