An Ikeja Special Offences Court on Monday has fixed Feb.26 to deliver a ruling on whether to continue to hear the case of a former Governor of Central Bank, Godwin Emefiele.
The court will also on that day, determine whether to hear Mr Emefiele’s application seeking leave to appeal its ruling of Jan. 8 dismissing the former apex bank chief’s legal challenge against the charge.
Mr Emefiele is standing trial on a 19-count charge bordering on allegedly receiving gratification and corrupt demands totaling $4.5bn and N2.8bn, being prosecuted by the Economic and Financial Crimes Commission (EFCC).
His co-defendant, Henry Omoile, is facing a three-count charge bordering on an alleged unlawful acceptance of gifts by agents.
Justice Rahman Oshodi adjourned for ruling after both lead defence Counsel, Olalekan Ojo (SAN) and Kazeem Gbadamosi (SAN) asked the court to recuse itself, citing bias.
EFCC’s Lead Counsel, Rotimi Oyedepo (SAN) had closed the evidence-in-chief of the seventh prosecution witness, Adetola John and the court had asked the defence to cross-examine the witness.
But, the defence refused to cross examine the witness and unanimously in an oral application, asked the judge to recuse himself on the allegation of bias.
But, Mr Oyedepo, in his response, vehemently opposed the application saying there was no evidence of such allegation, and accused the defence of staging a delay tactic in the trial.
“In this proceeding, your lordship had numerous times ruled against the prosecution and if defence is dissatisfied with the ruling of the court, they can appeal.
“I do not know what defence is trying to prove by telling this court to recuse itself because in this case, there is no evidence of allegation of bias.
“This is a form of delay tactic and I urge your lordship to discountenance this application because a reasonable person in this court will realise that this application is meant to delay this trial.
“The court had earlier granted accelerated hearing in this case and I urge this honourable court to ask the defence to cross-examine the witness.”
Earlier in the day, the witness, at the continuation of his evidence had referred to a document which was not tendered as exhibit before the court.
The bundle of documents is said to contain Whatsapp messages of one Eric, the Personal assistant to Emefiele.
Mr John had told the court that he did not receive any complaint about the 400,000 US dollars he delivered as instructed.
When the witness was asked by prosecution to confirm the WhatsApp message said to have been printed from his phone, the defence team objected on the ground that the document was solely meant for identification as it was not an exhibit before the court.
But, Justice Oshodi overruled the objection of the defence and allowed the witness to read from the document marked for identification.
