Justice Rahman Oshodi of the Special Offences Court in Lagos will on February 26, 2025 decide whether to discontinue with the hearing of the ongoing trial of embattled former Governor of Central Bank of Nigeria, CBN, Godwin Emefiele.
This date was set following an application by the defence counsel that the trial judge recuse himself from presiding over the charge.
During proceeding on Monday, Rotimi Oyedepo, SAN, the Prosecution Counsel to the Economic and Financial Crimes Commission continued the evidence-in-chief.
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 John Ayoh 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.
Following the proceeding, the counsel expressed dissatisfaction with the court’s decision.
Against this background, Ojo stated that the ruling of His Lordship was unfair and seek that the judge should recuse himself, noting that a judge can either consciously or unconsciously bias.
Gbadamosi aligned with his colleague’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 can not 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 EFCC.
His co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.
