Justice Rahman Oshodi of the Lagos State Special Offences Court in Ikeja yesterday fixed February 26 for ruling on whether to hand off the ongoing trial of the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Justice Oshodi adjourned for ruling after Emefiele’s counsel, Olalekan Ojo (SAN), accused them of bias and asked him to recuse himself.
The former CBN boss was arraigned before the court by the Economic and Financial Crimes Commission (EFCC) alongside one Herry Omoile on allegations of accepting gratification, gifts through agents, corruption, and fraudulent property receipts.
The anti-graft agency also accused the defendant of conferring corrupt advantage on his associates contrary to the Corrupt Practices Act 2000.
The defendants, however, pleaded not guilty to the charge.
At the resumed hearing of the matter on Monday, the EFCC Prosecutor, Rotimi Oyedepo (SAN), continued with the evidence-in-chief of the seventh prosecution witness, John Adetola, which started during the last proceedings.
Oyedepo reminded him of his previous testimony, in which he stated that he received $400,000 from John Ayoh and handed it over to the first defendant in his office.
When Oyedepo asked the witness to confirm a WhatsApp message printed from his phone that was sent by Omoile, the defence team objected, arguing that the document was only meant for identification and was not an exhibit before the court.
Justice Oshodi overruled the defence’s objection and allowed the witness to read from the document marked for identification.
The judge cited Section 224 of the Evidence Act, which permits leading questions concerning introductory or undisputed facts.
Following the ruling, Ojo expressed dissatisfaction with the court’s decision, submitting that the ruling was unfair and requesting that the judge recuse himself, citing the possibility of conscious or unconscious bias.
All the defence lawyers supported this position.
In response, Oyedepo argued, “This proceeding has been conducted fairly and equitably, considering all parties. My Lordship has often ruled against us; they know the appropriate channels to raise claims. My learned brother has failed to establish a case of bias. There are no factual grounds for his allegation of bias.”
The lawyer also stated that an application for the judge to recuse himself could not be made orally and suggested that the application was intended to delay the proceedings, which he claimed was the only reasonable conclusion.
After listening to the lawyers, Justice Oshodi fixed February 26 for a ruling.
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