Justice R.A. Oshodi of a Special Offences Court sitting in Ikeja, Lagos, on Wednesday refused an application of a former governor of the Central Bank of Nigeria, Godwin Emefiele, asking the trial judge to recuse himself from the case on the allegation of bias.
Emefiele is standing trial on a 19-count charge of alleged receiving of gratification and corrupt demand preferred against him by the Economic and Financial Crimes Commission (EFCC).
His co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.
But Emefiele and Omoile have pleaded “not guilty” to the charges.
At the last sitting on February 24, 2025, lawyer to Emefiele, Olalekan Ojo (SAN), and Omoile’s counsel, Kazeem Gbadamosi (SAN), rather than cross-examine the seventh prosecution witness, made an oral application asking the trial judge to recuse himself from the case alleging bias.
Justice Oshodi consequently adjourned the matter till Wednesday for ruling.
In his 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.
Justice Oshodi said, “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.”
The judge further held that the application lacked merit and so dismissed the same.
But Ojo told the court that he had a motion on notice before the court to appeal the ruling of the court granted on January 8, 2025, challenging the jurisdiction of the court to hear the case.
The judge then said, “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 January 8, 2025,”
Both parties were thereafter given a chance to agree on a date for further hearing.
While the defence proposed a date in May, the prosecuting EFCC lawyer, Rotimi Oyedepo (SAN), raised an objection and urged the court to order the prosecution to cross-examine the seventh witness so he could be discharged.
He said, “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.”
In his short ruling after listening to all the arguments, Justice Oshodi granted the application of the defence.
The judge said, “It is in the interest of justice to adjourn the trial, and this case is hereby adjourned till May 26, 27, and 30, 2025 for continuation of trial”.
