A Special Offences Court in Ikeja, Lagos, has adjourned till Wednesday, February 26, to decide whether to continue hearing the case against former Central Bank Governor, Godwin Emefiele. The adjournment follows a request from Emefiele’s lawyer, Olalekan Ojo (SAN), asking Justice Rahman Oshodi to recuse himself from the trial, citing concerns over bias.
Similarly, Kazeem Gbadamosi (SAN), representing Emefiele’s co-defendant, Henry Omoile, made the same request.
Emefiele is facing a 19-count charge related to receiving gratification and corrupt demands, brought against him by the Economic and Financial Crimes Commission (EFCC). His co-defendant, Omoile, is charged with three counts of unlawfully accepting gifts as an agent.
Court Proceedings
During Monday’s hearing, EFCC’s lead counsel, Rotimi Oyedepo (SAN), concluded the evidence-in-chief of Adetola John, a former personal assistant to Emefiele.
Oyedepo reminded Adetola of his testimony from November 2024, where he claimed he received $400,000 in cash from the former director of the ICT Department, John Ayoh, and delivered it to Emefiele in his office.
Adetola had previously stated that he managed office correspondence and visitors for the former CBN governor in Lagos, while another aide, Eric Odoh, performed the same role at the CBN office in Abuja.
Oyedepo then asked Adetola to confirm a WhatsApp message from Odoh, which EFCC investigators had retrieved from his phone.
Defence Objection
The defence objected, arguing that the document was only marked for identification and not officially admitted as evidence. They contended that the witness could not read or interpret its contents in court.
Justice Oshodi overruled the objection, citing Section 224 of the Evidence Act, which allows leading questions on introductory or undisputed matters. He permitted the witness to read from the document.
Recusal Request
Dissatisfied with the ruling, lead defence counsel Ojo declined to proceed with cross-examination and instead requested the judge’s recusal, alleging bias.
Ojo argued that the judge’s ruling implied a premature conclusion that the $400,000 had been delivered, making it unfair for the defence to cross-examine the witness.
In response, EFCC counsel Oyedepo opposed the request, stating:
“In this proceeding, your lordship has ruled against the prosecution multiple times. If the defence is dissatisfied with the ruling, they have the right to appeal.
“There is no evidence of bias in this case. This application is merely a delay tactic, and I urge the court to reject it. The court previously granted an accelerated hearing, and I request that the defence proceed with cross-examination.”
Justice Oshodi adjourned proceedings to February 25 to rule on the recusal request.
Additional Legal Motion
Earlier in the session, Emefiele’s counsel also informed the court of a separate application seeking permission to appeal the court’s January 8, 2025, ruling, which affirmed its jurisdiction to hear the case.