Justice R.A. Oshodi of the Special Offences Court in Ikeja, Lagos, has set Wednesday, February 26, for a ruling on an application by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, requesting the judge’s recusal from his trial over alleged bias.
Emefiele is facing a 19-count charge filed by the Economic and Financial Crimes Commission (EFCC), accusing him of receiving gratification and making corrupt demands.
His co-defendant, Henry Omoile, is also facing a three-count charge of unlawfully accepting gifts as an agent. Both defendants have pleaded not guilty.
During Monday’s court session, the prosecution, led by Rotimi Oyedepo, SAN, completed the examination-in-chief of its seventh witness, Adetola John.
However, instead of proceeding with cross-examination, Emefiele’s counsel, Olalekan Ojo, SAN, and Omoile’s counsel, Kazeem Gbadamosi, SAN, requested the judge to withdraw from the case, citing concerns of bias.
The defence made an oral application, arguing that the judge’s continued involvement would indicate partiality.
Oyedepo, however, opposed the motion, dismissing it as a delay tactic.
“In this proceeding, your lordship has ruled against the prosecution numerous times. If the defence is dissatisfied, they have the option to appeal. There is no evidence to support their claim of bias,” Oyedepo argued.
He urged the court to reject the application and compel the defence to cross-examine the witness, noting that the court had previously granted an accelerated hearing for the case.
During Emefiele’s trial, his legal team, led by Olalekan Ojo, SAN, requested Justice Rahman Oshodi to recuse himself, citing concerns of bias.
The defence’s objection stemmed from a statement allegedly made by Justice Oshodi during the examination-in-chief of prosecution witness Adetola John.
The judge reportedly declared in open court that the allegation of receiving bribe money had been proven against Emefiele, even before cross-examination of the witness had commenced. This prompted the defence to argue that such remarks indicated the judge had pre-judged the case, compromising the fairness of the trial.
In response, the prosecution, led by Oyedepo, SAN, opposed the recusal request, describing it as a delay tactic. Oyedepo emphasised that the defence had avenues to appeal if dissatisfied with the court’s rulings and argued there was no substantial evidence to support claims of bias.
Justice Oshodi has scheduled a ruling on the recusal application for Wednesday, February 26, 2025.
