Justice Rahman Oshodi of the
Lagos State Special Offences Court in Ikeja has fixed February 26, 2025 to rule on whether to discontinue with the hearing of the ongoing trial of embattled former Governor of Central Bank of Nigeria, CBN, Godwin Emefiele.
The court set the date following an application by the defence counsel that the trial judge recuse himself from presiding over a suit with case number ID/23787C/24.
At the proceeding on Monday, Rotimi Oyedepo, SAN, the Prosecution Counsel to the Economic and Financial Crimes Commission continued the evidence-in-chief.
While leading the seventh prosecution witness, Mr. John Adetola, Oyedepo reminded the witness of his evidence wherein he stated that he collected from John Ayoh the sum of $400,000 and handed it over to the first defendant in his office.
When the witness was asked by Oyedepo to confirm the WhatsApp message, said to have been printed from his phone from Mr. Henry Omoile, the defence team objected on the ground that the document was solely meant for identification and was not an exhibit before the court.
Justice Oshodi overrule the defence team and allowed the witness to read from the document marked for identification.
During the proceeding, the defence counsel expressed dissatisfaction with the court’s decision.
Emefiele’s counsel, Mr Olalekan Ojo (SAN) stated that the ruling of judge was unfair and seek that the judge should recuse himself, noting that a judge can either consciously or unconsciously bias.
Kazeem Gbadamosi, SAN however aligned with his Ojo’s submission.
In response, the prosecution opposed the application.
According to Oyedepo, “This proceeding has been conducted fairly, equitably having regard for parties. My lordship has been asked to rule against us many times, they know the appropriate channel to lay claims.
“My learned brother has failed to establish a case of bias. There is no fact sustaining his allegation of bias.
The Prosecution argued that asking the judge to recuse himself cannot be done orally.
“The application is intended to delay the matter, that is the only reasonable conclusion, Oyedepo submitted.
Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demand proferred against him by the Economic and Financial Crimes Commission, EFCC.
His co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.