Court to rule on Emefiele’s request for judge’s recusal Wednesday

Emefiele sitting with EFCC operatives in court
A Special Offences Court sitting in Ikeja, Lagos, has adjourned until Wednesday, February 26, to rule on whether to continue hearing the case of former Central Bank Governor, Godwin Emefiele.

The adjournment followed a request from Emefiele’s counsel, Senior Advocate of Nigeria (SAN) Olalekan Ojo, who asked the judge, Justice Rahman Oshodi, to recuse himself from the trial due to alleged bias. Kazeem Gbadamosi, another SAN representing Emefiele’s co-defendant, Henry Omoile, made a similar 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). Omoile, his co-defendant, is charged with unlawfully accepting gifts as an agent.

During Monday’s proceedings, the EFCC’s lead counsel, Rotimi Oyedepo, concluded the evidence-in-chief of Adetola John, a former personal assistant to Emefiele. Oyedepo reminded John of his previous testimony in November 2024, where he stated that he received $400,000 in cash from John Ayoh, a former director of the CBN’s ICT Department, and handed it over to Emefiele in his office.

John also testified about managing office correspondence and visitors for Emefiele in Lagos, while another assistant, Eric Odoh, handled similar duties in the CBN’s Abuja office. Oyedepo then presented a WhatsApp message from Odoh, which had been printed by EFCC investigators, asking John to confirm its contents.

The defense team objected, arguing that the document was for identification purposes only and was not an exhibit in the case. They further argued that the witness should not be required to speak to or read from the document. Justice Oshodi overruled the objection, allowing John to read from the document, citing Section 224 of the Evidence Act, which permits leading questions on undisputed facts.

Following this, Ojo expressed dissatisfaction with the ruling. Rather than proceeding with cross-examination, the defense team applied for the judge to recuse himself, citing the alleged bias in the court’s premature conclusion that the $400,000 had already been delivered. Ojo argued that this decision prevented them from cross-examining the witness fairly.

In response, Oyedepo opposed the recusal request, stating that the judge had ruled against the prosecution multiple times and that any dissatisfaction with the ruling could be addressed through an appeal. He accused the defense of using delay tactics and urged the court to proceed with cross-examination, emphasizing that the court had earlier granted an expedited hearing.

Justice Oshodi adjourned the case until February 26 to rule on the recusal applications.

Earlier in the proceedings, Emefiele’s counsel had informed the court of an additional application seeking permission for the former CBN governor to appeal the ruling delivered on January 8, 2025, which granted the court jurisdiction to hear the case.