Emefiele Loses Bid to Stop Trial at Lagos Court

Mr Emefiele is in court facing allegations of fraud and other related charges by the Economic and Financial Crimes Commission (EFCC) during his time as head of the Nigeria’s central bank.

Justice Rahman Oshodi in his ruling on Wednesday dismissed the request for him to recuse himself from the trial, stating that the allegations of bias against him were unsubstantiated.

Justice Oshodi particularly referenced a 2013 decision of the sitting Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun to the effect that “Judicial bias is usually insufficient to justify disqualifying a judge from presiding over a case. To justify disqualification or recusal, the judge’s bias usually must be personal or based on some extrajudicial reason.”

The judge went on to cite other judicial precedents of the Supreme Court and subsequently held that the application for his recusal lacked merit and he promptly refused it.

Justice Oshodi said, “Applying the forgoing principles to the circumstances of this case, the allegation of bias has not been substantiated,” he added that, “Accordingly, the first and second defendants’ recusal application is refused. This is the ruling of the court.”

Business Post had reported that Mr Emefiele through his lead counsel, Mr Olalekan Ojo (SAN), and the counsel to his co-defendant, Mr Kazeem Gbadamosi (SAN) had made oral applications urging the court to recuse itself from the proceedings on the ground of bias on Monday.

The lawyers argued that by ruling to allow the prosecution counsel to ask a leading question from his witness, a question the defence had previously objected to, the judge made it impossible for the defence to fairly cross-examine NAIJAONPOINT .

The counsel for the prosecution, Mr Rotimi Oyedepo (SAN), had opposed the applications, stating that they were unmeritorious.