Godwin Emefiele, the former governor of the Central Bank of Nigeria (CBN), has requested that Rahman Oshodi, the judge of an Ikeja special offences court, recuse himself from his ongoing trial in the alleged $4.5 billion and N2.8 billion fraud case.
Emefiele is facing 19 counts bordering on abuse of office, receiving gratification, and corrupt demands, brought against him by the Economic and Financial Crimes Commission (EFCC).
The ant-graft commission had filed 22 counts against the former CBN governor and Henry Omoile, a co-defendant.
At the resumed trial on Monday, Olalekan Ojo, Emefiele’s counsel, accused the judge of permitting a leading question despite the defence’s objection.
During the proceedings, Rotimi Oyedepo, counsel for the EFCC, continued leading John Adetola, the seventh prosecution witness, in evidence.
Oyedepo referenced an earlier testimony where Adetola alleged that he received a bribe from John Ayoh and delivered it to Emefiele at his office.
The counsel then asked Adetola to confirm a WhatsApp message from Eric Odoh extracted from his phone by EFCC investigators.
However, the defence objected, arguing that the document was only for identification and not yet an official exhibit.
The defence contended that the witness could not read or comment on the document at that stage.
The court overruled the objection, citing section 224 of the Evidence Act, which permits leading questions regarding introductory or undisputed matters.
Dissatisfied with the ruling, the defence refused to cross-examine the witness and instead applied for the judge to recuse himself from the case.
In response, Oyedepo opposed the defence’s application, arguing that the court had previously ruled against the prosecution multiple times, demonstrating no bias.
“In this proceeding, your lordship had numerous times ruled against the prosecution numerous times, and if the defence is dissatisfied with the ruling of the court, they can appeal,” Oyedepo said.
“I do not know what the defence is trying to prove by telling this court to recuse itself because in this case, there is no evidence of an allegation of bias.
“This is a form of delay tactics, and I urge your lordship to discountenance this application because a reasonable person in this court will realise that this application is meant to delay this trial.
“The court had earlier granted an accelerated hearing in this case, and I urge this honourable court to ask the defence to cross-examine the witness.”
The court has adjourned the case until February 26 for a ruling on the application.
Meanwhile, Ojo also notified the court of a pending application challenging its jurisdiction to hear Emefiele’s case. The hearing on that application is also set for February 26.
