Emefiele’s Attempt to Halt Corruption Trial Fails

 

On Wednesday, Justice Rahman Oshodi of the Lagos State Special Offences Court in Ikeja dismissed an application filed by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, seeking the judge’s recusal from his trial.

In his ruling, Justice Oshodi stated that the defense’s claims of judicial bias were unsubstantiated and lacked evidence to justify his withdrawal from the case.

The court emphasized that allegations of bias alone were insufficient to disqualify or recuse a judge. For recusal to be warranted, the bias must be personal or rooted in judicial reasoning.

Emefiele’s lead counsel, Olalekan Ojo (SAN), had requested the judge’s withdrawal, accusing him of allowing a leading question that the defense had previously objected to.

In response, Rotimi Oyedepo (SAN), representing the Economic and Financial Crimes Commission (EFCC), argued that the proceedings had been conducted fairly and that the defense had failed to present any factual evidence to support their claims of bias.

Emefiele, alongside Herry Omoile, is facing charges by the EFCC of accepting gifts, corruption, and fraudulent property transactions. The anti-graft agency also accuses Emefiele of conferring illegal advantages on his associates in violation of the Corrupt Practices Act 2000.

Both defendants have pleaded not guilty to the charges.

Justice Oshodi explained that the bias claims stemmed from a ruling in which the court allowed a document, sought by the prosecutor as evidence, to be tendered for identification. The prosecution was later permitted to question a witness (PW7) about the document, an electronic printout from the witness’s phone.

After reviewing relevant legal precedents on judicial bias, the judge concluded that bias could only be claimed if the judge made a personal comment on the case, which the defense had not demonstrated. He stated that, to establish bias, there must be signs of potential partiality, which was not present in this case.

“The allegations of bias have not been substantiated. Therefore, the application by both defendants is refused,” the judge ruled.

Justice Oshodi also granted Emefiele permission to appeal the court’s earlier ruling on January 8, which challenged the court’s jurisdiction to hear the case.

The trial has been adjourned until May 26 for further proceedings.