…declines ex-CBN governor’s plea to strike out charge
An Abuja High Court on Thursday dismissed the Economic and Financial Crimes Commission’s (EFCC) attempt to introduce additional proof of evidence in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
Emefiele, who is facing charges of alleged procurement fraud, had opposed the EFCC’s move to file new evidence more than a year after the case was instituted. The anti-graft agency had submitted the additional proof on October 15, 2024, seeking to introduce fresh evidence and two new witnesses—Tommy Odama John and Ifeanyi Omeke—whose extrajudicial statements were made in August 2024.
Ruling on Emefiele’s motion, Justice Hamza Muazu rejected the EFCC’s request, stating that it amounted to a denial of fair trial. He noted that the charges were initially filed on August 14, 2023, with Emefiele’s plea taken on November 16, 2023. The trial officially commenced on November 28, 2023.
The judge further held that the EFCC had already amended the charge multiple times, including a prior submission of additional proof of evidence on February 12, 2024, which accommodated testimonies from former Secretary to the Government of the Federation (SGF), Boss Mustapha, and one Bamayi Haruna Mairiga. Allowing further amendments, he said, would amount to a “trial by ambush” and an ongoing fishing expedition for evidence.
While rejecting the EFCC’s additional proof, Justice Muazu declined Emefiele’s request to strike out the charges entirely. He ruled that since both parties had already engaged in legal arguments and the trial was near completion, justice would be best served by allowing the case to proceed to its conclusion.
Similarly, the judge refused to expunge the testimonies of Mustapha and Mairiga from court records, rejecting Emefiele’s claim that their statements violated his right to fair hearing under Section 36 (2) of the 1999 Constitution.
Emefiele, through his lead counsel, Mathew Burkaa (SAN), had argued that the EFCC introduced Mustapha and Mairiga’s statements long after the trial began, without confronting him with their claims during the investigation phase.
Justice Muazu adjourned the case to June 3 for the continuation of trial.
Emefiele is currently facing a 20-count charge, including criminal breach of trust, forgery, conspiracy to obtain by false pretense, and obtaining money by false pretense. The EFCC alleges that he forged a document titled “Re: Presidential Directive on Foreign Election Observer Missions” dated January 26, 2023, and purportedly issued from the SGF’s office. He is also accused of unlawfully favoring two companies—April 1616 Nigeria Ltd and Architekon Nigeria Ltd—during his tenure as CBN governor.
