A judge of the Lagos State Special Offences Court sitting in Ikeja, on Wednesday, refused an application of a former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, asking the trial judge to recuse himself from the case on the allegation of bias.
The judge, R.A. Oshodi, dismissed the application in a ruling on the application for the judge’s withdrawal brought up during the 24 February proceedings.
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Mr Emefiele is standing trial on 19 counts of receiving gratification and corrupt demand preferred against him by the Economic and Financial Crimes Commission (EFCC).
His co-defendant, Henry Omoile, is facing three counts of unlawful acceptance of gifts by agents.
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They pleaded “not guilty” to the charges.
At the previous sitting on 24 February, Mr Emefiele’s lawyer, Olalekan Ojo, a Senior Advocate of Nigeria (SAN), and Mr Omoile’s counsel, Kazeem Gbadamosi, also a SAN, rather than cross-examine the seventh prosecution witness, made an oral application asking the trial judge to recuse himself from the case. They made the call, accusing the judge of bias.
Subsequently, the trial judge, Mr Oshodi, adjourned till Wednesday for ruling.
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Ruling on the application, the judge held that the allegations of bias raised by the defence were unsubstantiated, adding that there was no evidence to justify the call for his withdrawal from the case, according to a press statement from the EFCC.
“There is no iota of evidence of bias, the allegations of bias have not been substantiated, and accordingly, the first and second defendants’ recusal application is refused,” he said.
The judge further held that the application lacked merit and so dismissed the same.
However, Mr Ojo told the court that he had a motion on notice before the court to appeal the ruling of the court granted on 8 January challenging the jurisdiction of the court to hear the case.
“I have considered the first defendant’s motion on notice to appeal the ruling of the court, an appeal is a constitutional right, therefore I grant the application for first defendant to appeal the ruling of 8 January 2025,” the judge said.
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Both parties were thereafter given a chance to agree on a date for further hearing.
While the defence proposed a date in May, the prosecution counsel, Rotimi Oyedepo, a SAN, objected, and urged the court to order the prosecution to cross-examine the seventh witness so he could be discharged.
“I plead with your lordship that the matter should not be adjourned till May, and if we are going to May, it should be day to day hearing my lord, I mean accelerated hearing,” he said.
After listening to all the arguments, Mr Oshodi in a short ruling, granted the application of the defence.
“It is in the interest of justice to adjourn the trial, and this case is hereby adjourned till 26, 27 and 30 May for continuation of trial,” he said.
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