The federal government might tell the FCT High Court that the scheduled witness, Commissioner of Police Elohor Edwin Okpoziakeo, is indispensable, which could keep him and Jim Obazee, President Bola Tinubu's Special Investigator, from testifying in the trial of former Central Bank of Nigeria (CBN) governor Godwin Emefiele over the missing $6.23 million from the bank’s Abuja branch.
A judicial source disclosed that the prosecution is expected to inform the court that the Commissioner of Police, Elohor, is attending another court and will seek another adjournment. However, the court is likely to reject the request, having already granted eight adjournments instead of the five allowed by law. The expectation is that the court, weary of repeated delays, might drop the case and dismiss it due to lack of evidence.
A judicial source said the prosecution initially planned to have the police commissioner as the star witness in the case, but later chose not to present one in court today, fearing that relying on a policeman in such a high-profile case might backfire.
Meanwhile, the source noted that an EFCC official had contacted Obazee, who agreed to testify about his findings in the CBN investigation if the commission formally requests his appearance.
The previous plan to present the police commissioner other than Obazee (who investigated the CBN and recommended Emefiele's prosecution) is allegedly intended to exonerate Emefiele and his associates. If the prosecution informs the court that Obazee cannot be located, the case may be dismissed for insufficient evidence, potentially freeing Emefiele and his co-conspirators.
Justice Hamza Muazu of the FCT High Court, at the court proceedings of March 17, directed the EFCC to present its key witness on April 27, warning that the court would take legal action for non-compliance.
Justice Muazu issued the order due to the EFCC's repeated refusals to present its key witness, Obazee, after eight adjournments, exceeding the legal limit of five. This caused growing frustration in the high-profile case.
On July 28, 2023, President Tinubu appointed Jim Obazee, the founding CEO of Nigeria's Financial Reporting Council (FRC), to investigate alleged misconduct at the Central Bank of Nigeria (CBN), its related entities, and other government business enterprises (GBEs).
Obazee's December 2023 preliminary report to President Tinubu revealed, among other things, that $6.23 million was missing from the Abuja branch of CBN and recommended the prosecution of Godwin Emefiele, Boss Mustapha, and other implicated individuals.
"A police officer was set to be the star witness in today’s Abuja court session, but plans changed over concerns the officer might falsely claim to have led the CBN investigation and uncovered the alleged fraud. According to a source, this move is part of a bigger scheme to disrupt Godwin Emefiele’s trial for allegedly stealing $6.23 million and facing related charges.," the source noted.
"Obazee, the lead investigator of the CBN, who uncovered extensive corruption and recommended Emefiele's prosecution, is being prevented from testifying in court because his testimony would jeopardise the plan to acquit Emefiele and others in the corruption case," the source noted
In 2024, the Federal Ministry of Justice persuaded Obazee to release information from his CBN investigation and the charges against Emefiele to the EFCC, enabling the prosecution of the former CBN governor after a prior case against him by the commission collapsed in court.
The trial has hit a standstill after eight adjournments, with Obazee’s testimony blocked, while the government team has allegedly let Emefiele’s co-conspirators in the $6.23 million case turn into government witnesses, further stalling the trial's progress.
Sources cited the former Secretary to the Government of the Federation, Boss Mustapha, who was recommended for prosecution by Obazee, but has now turned a government witness, allegedly to undermine the prosecution.
Other individuals listed for prosecution include Catherine Igundunase, Samuel Okojere, Emmanuel Odeh Dickson, Onyeka Michael Kudu, Kareem Willams Dauda, Mohammed Kudu, Yakubu Maaku Samuila, and Elizabeth Fasoranti.
Obazee's investigation revealed several misdemeanours by Emefiele, including the disappearance of $6.23 million, according to a preliminary report submitted to President Tinubu and partially released to the media in December 2023.
The Obazee investigation uncovered illegal currency issuance, misuse of ways and means, questionable COVID-19 spending, false claims of presidential approval tied to NESI Stabilisation Strategy Ltd, and the criminal diversion of N17.23 billion in public funds by 14 banks, among other issues.
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