An Abuja High Court on Thursday rejected the Economic and Financial Crimes Commission (EFCC)’s attempt to introduce additional proof of evidence against former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, in his ongoing trial for alleged procurement fraud.
The EFCC had filed the additional proof of evidence on October 15, 2024, seeking to introduce new witnesses and statements made over a year after the initial charges were filed in August 2023. However, Justice Hamza Muazu ruled that the move amounted to a denial of fair trial, as Emefiele was not confronted with the new evidence during the investigation, as required by law.
‘Trial by Ambush’
The judge noted that the EFCC had already filed an earlier set of additional evidence on February 12, 2024, incorporating testimonies from former Secretary to the Government of the Federation, Boss Mustapha, and Bamayi Haruna Mairiga. He described the latest attempt as “trial by ambush” and a “fishing expedition” for evidence long after the trial had commenced.
Justice Muazu ruled that allowing the additional proof of evidence would be prejudicial to the defendant and violate his right to fair hearing. He emphasized that under the law, criminal charges should be filed upon completion of investigations, not during trial.
However, the court declined Emefiele’s request to strike out the entire charge, noting that the trial was already near completion. The judge also refused to expunge the testimonies of Mustapha and Mairiga from the court records, despite Emefiele’s argument that they violated his constitutional right to fair hearing.
Emefiele, who served as CBN governor, is facing a 20-count amended charge, including criminal breach of trust, forgery, conspiracy, and obtaining money by false pretenses. The EFCC alleges that he forged a presidential directive on foreign election observer missions and conferred corrupt advantages on two companies, April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
Justice Muazu adjourned the trial to June 3 for continuation.
Comments