EFCC case against Emefiele suffers from witness uncertainty – THIS UPDATE

By Victor Osula, Abuja

Proceedings in the trial of former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, came under scrutiny again on Monday, as uncertainty over the availability of key prosecution witnesses triggered a bitter legal battle at the Abuja High Court.

The tension arose after the prosecution lawyer, Rotimi Oyedepo (SAN), informed the court that he was not sure whether the prosecution would be able to present the remaining witnesses at the next adjourned date. He revealed that subpoenas were yet to be obtained for witnesses, who are said to be outside the court’s jurisdiction.

The development prompted an immediate response from the defence, led by Matthew Burkaa (SAN), who urged the court to dismiss the prosecution’s case if witnesses fail to appear, arguing that repeated delays undermine the fairness of the trial.

Burkaa accused the prosecution of adopting a model that prolongs proceedings and imposes hardship on the accused, insisting that justice must not be skewed in favor of one party.

Emefiele is on trial on charges bordering on breach of trust, forgery, abuse of office, criminal conspiracy and obtaining money by false accusation. The Economic and Financial Crimes Commission (EFCC) claims it fraudulently obtained $6.3 billion allegedly intended for international election observers during the 2023 general elections. The former Apex bank boss has denied all charges and pleaded not guilty.

At Monday’s hearing, the EFCC presented its 13th prosecution witness, Chinedu Eneanya, who testified that his team had investigated the movement of CBN funds linked to the case.

Eneanya told the court that documents recovered during investigations indicated that the funds were released based on approvals purportedly bearing the signatures of former President Muhammadu Buhari and former Secretary to the Government of the Federation, Boss Mustapha.

According to the witness, forensic analysis suggested that both officials’ signatures were forged. However, during cross-examination, he admitted that no forensic examination was conducted on Emefiele’s signature, despite the defendant’s claim that his own signature had also been forged.

It also revealed that five CBN officials signed the internal memo linked to the transaction but were not prosecuted, although they were suspended, raising questions about the extent of the charges.

The defense also objected to the prosecution’s decision to call another investigating officer, arguing that the testimony merely duplicated previous evidence and added little value to the case.

In response, Oyedepo maintained that the prosecution was not attempting to delay the proceedings and appealed to the court not to close the case, assuring that efforts were underway to secure the presence of the remaining witnesses.

Court President Hamza Muazu ordered the prosecution to expedite the issuance of subpoenas through the court clerk and to ensure that witnesses are produced without further delay.

Justice Muazu also advised both sides to reserve detailed arguments for their written closing speeches as the trial proceeds.

The matter was postponed to Tuesday for continuation of the trial.

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