COURT REJECTS EFCC’S ADDITIONAL EVIDENCE AGAINST EX-CBN GOVERNOR EMEFIELE
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Justice Hamza Muazu of the Federal Capital Territory High Court, Abuja, has rejected the Economic and Financial Crimes Commission (EFCC)’s request to introduce additional proof of evidence against former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, in his ongoing procurement fraud trial.
Delivering a ruling on a motion filed by Emefiele’s legal team, Justice Muazu held that allowing the EFCC’s fresh evidence would amount to a denial of fair trial. He noted that the commission had already filed additional proof of evidence on February 12, 2024, to include testimonies from former Secretary to the Government of the Federation (SGF), Boss Mustapha, and Bamayi Haruna Mairiga.
The judge observed that the original charge was filed on August 14, 2023, and Emefiele was arraigned on November 16, 2023. He ruled that the EFCC’s attempt to introduce new evidence after multiple amendments to the charges was an unfair ambush and violated legal provisions requiring suspects to be confronted with evidence during investigations.
Justice Muazu stressed that criminal charges should be based on completed investigations that establish a prima facie case against the defendant. However, he noted that in this instance, the EFCC appeared to be gathering evidence after the trial had already commenced, which was prejudicial to Emefiele’s right to fair hearing.
Despite these concerns, the judge declined to strike out the charges, reasoning that both the prosecution and the defense had already engaged in substantive arguments, and the trial was nearing completion. He ruled that justice would be best served by allowing the trial to proceed to its conclusion.
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Justice Muazu also rejected Emefiele’s request to expunge the testimonies of Boss Mustapha and Bamayi Haruna Mairiga from the court record. Emefiele’s defense had argued that their statements violated Section 36(2) of the 1999 Constitution, which guarantees fair hearing.
The judge, however, dismissed this request, stating that the matter should be decided on its merit rather than technicalities.
The EFCC had filed an additional proof of evidence on October 15, 2024, more than a year after the original charges were filed in August 2023. The new filing sought to introduce two more witnesses, Tommy Odama John and Ifeanyi Omeke, who allegedly gave extra-judicial statements in August 2024, long after the case had commenced.
Emefiele’s lead counsel, Mathew Burkaa (SAN), had argued that his client was not given the opportunity to respond to these new statements before they were presented in court, further supporting claims of an unfair trial process.
Despite rejecting the additional evidence, the judge did not dismiss the case, emphasizing that the trial must proceed to a final judgment. The court has now scheduled the continuation of the trial for June 3, 2025.
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