A Special Offences Court in Ikeja, Lagos, has adjourned until Wednesday, February 26, to rule on whether Justice Rahman Oshodi will continue to preside over the trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
The adjournment follows a request by Emefiele’s legal team for the judge to recuse himself from the case, citing allegations of bias.
Emefiele’s lead counsel, Senior Advocate of Nigeria (SAN) Olalekan Ojo, and his co-defendant’s counsel, SAN Kazeem Gbadamosi, both argued that Justice Oshodi’s handling of the case demonstrated partiality, making it impossible for the defence to receive a fair trial. The defence team’s request came after the judge overruled their objections during the cross-examination of a key witness.
Background of the Case
Emefiele is facing a 19-count charge brought by the Economic and Financial Crimes Commission (EFCC), including allegations of receiving gratification and corrupt demand. His co-defendant, Henry Omoile, is charged with unlawful acceptance of gifts by agents.
During Monday’s proceedings, the EFCC’s lead counsel, SAN Rotimi Oyedepo, concluded the evidence-in-chief of Adetola John, a former personal assistant to Emefiele. John testified that he received $400,000 in cash from John Ayoh, the former director of the CBN’s ICT Department, and handed it over to Emefiele in his office. He also stated that he managed Emefiele’s correspondence and visitors in Lagos, while Eric Odoh, another personal assistant, handled similar duties in Abuja.
Oyedepo presented a WhatsApp message from Eric Odoh, printed from John’s phone by EFCC investigators, as evidence. The defence team objected, arguing that the document was only meant for identification and not yet admitted as an exhibit. They also contended that the witness could not read or speak into the document. However, Justice Oshodi overruled the objection, citing Section 224 of the Evidence Act, which allows leading questions on introductory or undisputed facts.
Defence’s Allegation of Bias
Following the judge’s ruling, Emefiele’s counsel, Ojo, expressed dissatisfaction, arguing that the court had prematurely concluded that the $400,000 was delivered to Emefiele. He claimed this made it impossible for the defence to cross-examine the witness fairly and requested that Justice Oshodi recuse himself from the case.
Gbadamosi, representing Omoile, echoed Ojo’s concerns, stating that the judge’s actions demonstrated bias. Both lawyers urged the court to step aside to ensure a fair trial.
Prosecution’s Response
In response, EFCC counsel Oyedepo opposed the defence’s application, describing it as a delay tactic. He noted that the court had previously ruled against the prosecution in several instances and argued that there was no evidence of bias. Oyedepo urged the court to dismiss the application and proceed with the trial, emphasizing that the defence had the option to appeal any unfavorable rulings.
Adjournment and Pending Applications
Justice Oshodi adjourned the case to February 26 to rule on the defence’s request for his recusal. Earlier in the proceedings, Emefiele’s counsel had also informed the court of another application seeking permission to appeal the court’s January 8, 2025, ruling, which affirmed the court’s jurisdiction to hear the case.
The case has drawn significant attention due to Emefiele’s high-profile role as former CBN governor and the serious nature of the charges against him. The outcome of the recusal request and the pending appeal will have significant implications for the trial’s progress and the broader fight against corruption in Nigeria.
