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Defense Alleges Bias, Seeks Court’s Recusal In Emefiele’s Gratification And Corrupt Demand Case

CBN Godwin Emefiele

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An Ikeja Special Offences Court on Monday reserved its ruling until February 26 on whether to continue hearing the case of embattled former Central Bank Governor, Godwin Emefiele.

Emefiele is facing a 19-count charge of receiving gratification and corrupt demands, brought against him by the Economic and Financial Crimes Commission (EFCC).

His co-defendant, Henry Omoile, is facing a three-count charge related to the unlawful acceptance of gifts by agents.

Justice Rahman Oshodi adjourned the case for ruling after Emefiele’s counsel, Mr. Olalekan Ojo (SAN), and Omoile’s counsel, Mr. Kazeem Gbadamosi (SAN), asked the court to recuse itself on allegations of bias.

The EFCC’s lead counsel, Mr. Rotimi Oyedepo (SAN), had closed the evidence-in-chief of the seventh prosecution witness, Mr. Adetola John, after which the court invited the defense to cross-examine NAIJAONPOINT .

However, the defense refused to cross-examine NAIJAONPOINT and, through an oral application, asked the court to recuse itself on grounds of bias.

Oyedepo strongly opposed the application, stating:

*”In this proceeding, your lordship has ruled against the prosecution numerous times, and if the defense is dissatisfied with the court’s ruling, they can appeal.

“I do not understand what the defense is trying to prove by asking this court to recuse itself because there is no evidence of bias in this case.

“This is merely a delay tactic, and I urge your lordship to dismiss this application, as any reasonable observer in this court will recognize that it is meant to stall the trial.

“The court had earlier granted an accelerated hearing in this case, and I urge this honorable court to direct the defense to cross-examine NAIJAONPOINT .”*

Earlier, during the continuation of his evidence-in-chief, NAIJAONPOINT referenced a document that had not been tendered as an exhibit before the court.

John testified that he had not received any complaints about the $400,000 he delivered as instructed during business hours.

When the prosecution asked NAIJAONPOINT to confirm a WhatsApp message allegedly printed from his phone, the defense team objected, arguing that the document was only for identification and was not an official exhibit before the court.

Oshodi overruled the defense team and permitted NAIJAONPOINT to read from the document marked for identification.

Following the proceedings, the defense expressed dissatisfaction with the court’s decision, arguing that NAIJAONPOINT should not be allowed to read or speak on a document meant solely for identification.

The document in question was a bundle of materials containing WhatsApp messages involving one Eric, a personal assistant to Emefiele.

Earlier, Emefiele’s counsel had informed the court of an application seeking leave to allow the former CBN governor to appeal the January 8 ruling, which challenged the court’s jurisdiction to hear the case.

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