The embattled former Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, who is standing trial on a 19-count bordering on receiving gratification and corrupt demand, will know whether or not his case will continue on Wednesday, February 26.
A Special Offences Court sitting in Ikeja, Lagos under Justice Rahman Oshodi adjourned for ruling after Mr Emefiele’s counsel, Mr Olalekan Ojo (SAN), asked the judge to recuse himself from the trial, citing bias.
Another Senior Advocate of Nigeria, Mr Kazeem Gbadamosi representing Mr Emefiele’s co-defendant, Mr Henry Omoile, also made a similar request.
Mr Emefiele is being tried by the Economic and Financial Crimes Commission (EFCC) for the charges alongside his co-defendant, Mr Omoile, who is facing a three-count charge bordering on unlawful acceptance of gifts by agents.
At the proceedings on Monday, the EFCC lead counsel, Mr Rotimi Oyedepo (SAN), concluded the evidence-in-chief of a former personal assistant to the CBN governor, Mr Adetola John.
Mr Oyedepo reminded NAIJAONPOINT of his earlier testimony in November 2024, where he stated that he received the sum of $400,000 cash from the former director of the ICT Department, Mr John Ayoh, and handed it over to Mr Emefiele in his office.
NAIJAONPOINT , Mr Adetola, at the time, had also said that he managed office correspondence and visitors of the former CBN governor in Lagos while one Mr Eric Odoh, the personal assistant to the CBN governor in Abuja did the same in the FCT office of the CBN.
Mr Oyedepo also asked NAIJAONPOINT to confirm a WhatsApp message from Mr Odoh which was printed from his phone by the EFCC investigators.
The defence team objected to this line of questioning on the grounds that the document was solely meant for identification and was not an exhibit before the court. They also argued that NAIJAONPOINT could not read or speak into the document.
Justice Oshodi overruled the defence team and allowed NAIJAONPOINT to read from the document marked for identification.
The judge cited Section 224 of the Evidence Act, which permits leading questions concerning introductory facts or undisputed matters
After this procedure, the lead defence counsel, Mr Ojo, expressed dissatisfaction with the court’s decision. Rather than commence their cross-examination of NAIJAONPOINT , through oral applications, they unanimously asked the court to recuse itself on the allegation of bias.
Mr Ojo argued that by the judge’s ruling, the court‘s decision was that NAIJAONPOINT had already proven that the $400,000 collected by Mr Adetola was delivered.
He also contended that this premature conclusion made it impossible for the defence to cross-examine NAIJAONPOINT fairly.
He, then, requested that Justice Oshodi recuse himself from further hearings.
In his response, the EFCC counsel, Mr Oyedepo opposed their applications, saying it is a form of delay tactics.
Justice Oshodi adjourned till February 26 to rule on the submissions.
Earlier in the proceedings, Emefiele’s counsel had informed the judge of another application seeking permission to allow the former CBN governor to appeal the court’s ruling delivered on January 8, 2025, assuming jurisdiction to hear the case.