Tuesday, February 25, 2025

As the Court Rules on Wednesday, Emefiele Requests that the Judge Recuse Himself From the Trial.

A Special Offences Court located in Ikeja, Lagos, has postponed its decision until Wednesday, February 26, regarding the continuation of the case involving former Central Bank Governor Godwin Emefiele. Justice Rahman Oshodi made the adjournment for a ruling following a request from Emefiele’s Counsel, Senior Advocate of Nigeria, Olalekan Ojo, who urged the judge to withdraw from the trial due to perceived bias. Similarly, another Senior Advocate of Nigeria, Kazeem Gbadamosi, who represents Emefiele’s co-defendant, Henry Omoile, also requested the judge's recusal. Emefiele faces a 19-count indictment related to allegations of receiving bribes and corrupt demands brought against him by the Economic and Financial Crimes Commission (EFCC). His co-defendant, Omoile, is charged with three counts concerning the unlawful acceptance of gifts by agents. During the proceedings on Monday, the EFCC's Lead Counsel, Senior Advocate of Nigeria, Rotimi Oyedepo, concluded the examination-in-chief of Adetola John, a former personal assistant to the CBN governor. While guiding the witness through his testimony, Oyedepo reminded him of his previous statements made in November 2024, in which he claimed to have received $400,000 in cash from John Ayoh, a former director of the ICT Department, and subsequently delivered it to Emefiele in his office. At that time, the witness, Adetola, also indicated that he managed the office correspondence and visitors for the former CBN governor in Lagos, while Eric Odoh, the personal assistant to the CBN governor in Abuja, handled similar duties in the FCT office. After refreshing the witness's memory regarding this testimony, Oyedepo sought to confirm a WhatsApp message from Eric Odoh, which had been printed from the witness's phone by EFCC investigators. The defense team objected to this line of questioning, arguing that the document was intended solely for identification purposes and was not an exhibit before the court. They further contended that the witness was unable to read or comment on the document. Justice Oshodi dismissed the objections raised by the defence team and permitted the witness to refer to the document designated for identification. The judge referenced Section 224 of the Evidence Act, which allows for leading questions related to introductory facts or matters that are not in dispute. Following this decision, the lead defence counsel, Ojo, expressed his discontent with the ruling. Instead of initiating their cross-examination of the witness, the defence team collectively requested the court to recuse itself, citing allegations of bias. Mr. Ojo contended that the judge's ruling implied that the witness had already established that the $400,000 received by Mr. Adetola was indeed delivered. Ojo further argued that this premature determination hindered the defence's ability to conduct a fair cross-examination of the witness. He urged Justice Oshodi to withdraw from any further proceedings in the case. In response, the EFCC counsel, Oyedepo, opposed the defence's request. Oyedepo stated, "Throughout these proceedings, your lordship has ruled against the prosecution on numerous occasions, and if the defence is dissatisfied with the court's ruling, they have the option to appeal. "I fail to understand the defence's rationale for requesting this court to recuse itself, as there is no substantiated evidence of bias in this case. "This appears to be a tactic to delay proceedings, and I respectfully urge your lordship to disregard this application, as a reasonable observer would recognize that it is intended to prolong this trial. "The court has previously granted expedited hearings in this matter, and I implore this esteemed court to direct the defence to proceed with the cross-examination of the witness." Justice Oshodi scheduled an adjournment until February 25 to deliberate on the submissions. Earlier in the proceedings, counsel for Emefiele had informed the judge of an additional application seeking permission for the former CBN governor to appeal the court's ruling issued on January 8, 2025, regarding the assumption of jurisdiction to hear the case.

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