The trial of former Central Bank Governor, Godwin Emefiele and Henry Omoile, over allegations of $4.5 billion and N2.8 billion fraud brought against them by the Economic and Financial Crimes Commission, EFCC, was adjourned on May 9, 2024, by Justice Rahman Oshodi, following arguments by the defendants’ counsel over additional proof of evidence served on them by the prosecution.
At the resumed proceeding, the prosecution team led by Mr. Rotimi Oyedepo (SAN) told the court that the second prosecution witness was in court for the continuation of cross-examination and that he had served the defence the statement of one Mr. John Adetola, as an additional proof of evidence.
However, Emefiele’s counsel, Mr. Olalekan Ojo (SAN), argued that Emefiele had not seen the documents served on them by the prosecution, and noted that justice rushed is justice crushed.
Ojo said he was constrained to ask the court to do justice, and noted that the proof must be served early enough.
The second defence counsel, Mr. Adeyinka Kotoye (SAN), also aligned himself with the submission of the first defence counsel. He submitted that it was only in this part of the world that the prosecution would be investigating while the case was already ongoing in court.
He therefore urged the court to adjourn the case in the interest of justice and adequate opportunity to study the additional proof of evidence.
He urged the court not to entertain ‘trial by ambush’ and put a stop to it.
However, the prosecution counsel, Oyedepo, vehemently objected to the request for an adjournment by the defendants.
Oyedepo argued that the two defence counsel were unfair for a senior advocate of Nigeria whom he owed in high esteem to describe his team and its activities as prosecutorial unfairness.
He told the court that the Adetola, who was listed as the 5th prosecution witness in the proof of evidence statement was contained in volume two of what was served on defence on April 4.
The judge considered the submissions regarding whether he should adjourn for further continuation of trial, and was satisfied with the reasons given by defence for adjournment.
In his ruling, Justice Oshodi said, “For the adjournment sought, I grant it. I adjourn to May 9, 2024, for continuation of trial.”
