A Federal Capital Territory (FCT) High Court in Abuja has dismissed the Economic and Financial Crimes Commission’s (EFCC) additional proof of evidence against Godwin Emefiele, the former governor of the Central Bank of Nigeria (CBN), in the case against him for alleged procurement fraud.
More than 365 days after the allegations against Emefiele were first filed, the EFCC submitted an extra proof of evidence on October 15, 2024, in an attempt to provide new evidence against him.
Additionally, in relation to the accusation filed in August 2023, it attempted to call two witnesses, Tommy Odama John and Ifeanyi Omeke, whose extrajudicial testimonies were made in August 2024.
The anti-graft agency had first filed additional proof of evidence against the former CBN governor on February 12, 2024, to accommodate the testimony of a former Secretary to the Government of the Federation, Mr. Boss Mustapha, and one Bamayi Haruna Mairiga, according to Justice Hamza Muazu’s ruling on Thursday in a motion on notice filed by Emefiele to object to the EFCC’s action.
The judge pointed out that Emefiele’s plea was entered on November 16, 2023, and that the charge against him had been filed since August 14, 2023. He said that the EFCC’s actions amounted to a denial of a fair trial because the former governor of CBN was not presented with the new evidence during the investigation as required by law.
According to Justice Muazu, the EFCC’s actions amounted to an ambush trial and a blatant case of fishing for evidence throughout the trial, which has been going on since November 28, 2023.
The judge concurred in the finding that the defendant’s right to a fair trial was being violated by permitting the extra proof of evidence after the charge had undergone multiple amendments.
According to Justice Muaza, the law states that charges are brought against a defendant in a criminal case when the inquiry is over and a prima facie case is formed. However, in this particular case, the opposite is true.
However, the judge refused to dismiss the accusation because, as Emefiele said, it was hypothetical and the result of an ongoing or incomplete inquiry.
According to Justice Muaza, since the trial was nearly over and the defendant and the prosecution had joined arguments, the charge could not be dropped.
The judge concluded that since the case had progressed thus far, justice would be done if the trial was concluded on its merits and a final ruling was rendered.
Additionally, he refused to erase Boss Mustapha and Bamayi Haruna Mairiga’s testimony from the court files, despite Emefiele’s request that the two witnesses’ testimony violate Section 36(2) of the 1999 Constitution on fair hearing.
In the motion submitted by his lead attorney, Mr. Mathew Burkaa, SAN, Emefiele had protested that the EFCC had introduced Mustapha and Mairiga’s evidence to court without questioning him about their extrajudicial comments, which had been made long after the trial had started.
Judge Muaza has scheduled a follow-up trial date of June 3 for the charge designated FCT/HC/CR/577/2023.
