By Uche Amunike
The legal team representing the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has called for the withdrawal of Justice Rahman Oshodi from the case, citing reasons of bias.
During the resumed hearing in the matter, the lead counsel for the defense, Mr. Olalekan Ojo (SAN) objected to the continued involvement of Justice Oshodi in the case. This was mainly because of a statement allegedly made by the judge in open court, when he declared that allegation of receiving bribe money had been proven against Godwin Emefiele.
He allegedly made the comment while prosecution counsel, Mr. Rotimi Oyedepo (SAN) was leading a witness, Mr. Adetola John in evidence-in-chief.
According to Mr. Ojo, making such statements before the conclusion of the trial and even before cross examination of the witness, indicated that the judge has already reached a conclusion regarding Emefiele’s guilt. He described the situation as an ‘accelerated sentencing’ instead of an accelerated hearing.
Recall that Godwin Emefiele is facing 19 counts bothering on abuse of office, receiving gratification and corrupt demands brought about him by the Economic and Financial Crimes Commission (EFCC).
The EFCC had initially filed 22 counts against the former CBN Governor and a co-defendant, Henry Omoile. The court, however, on January 8, 2025, struck out four counts relating to abuse of office, assuming the jurisdiction over the remaining charges.
On Monday, during the proceedings, John Adetola testified that he collected $400,000 from John Ayoh, which he delivered to Emefiele in his office.
The prosecution also sought to confirm WhatsApp messages that were allegedly printed from the phone of Emefiele’s associate, Omoile.
The defense, however, objected, with the argument that the document had only been admitted for identification and shall therefore not be used as evidence.
Ignoring this objection, Justice Oshodi gave the approval for the witness to read from the document.
This made Emefiele’s lawyer, Olalekan Ojo, strongly, oppose the decision of the court, with the argument that it indicated bias. He demanded that the judge should withdraw from the case stating: ‘A judge can be either consciously or unconsciously biased… At this stage, I urge the court to recuse itself.’
Omoile’s lawyer, Gbadamosi Kazeem (SAN), agreed with Ojo’s submission.
The application was opposed by the EFCC counsel, Rotimi Oyedepo (SAN), who described it as a delayed tactic, stating that the proceedings have been conducted fairly, and the defense had not provided evidence of bias.
His words: ‘This proceeding has been conducted fairly and equitably. My Lordship has ruled against us many times. If the defense is dissatisfied, they know the appropriate legal channels to challenge the rulings.’
He also submitted that such a request should be made formerly and not orally.
He added: ‘The application is intended to delay the matter, that is the only reasonable conclusion.’
Justice Oshodi subsequently fixed the ruling on the recusal request and other pending applications for February 26, 2025.
