Court Rejects EFCC’s Additional Proof Of Evidence On Emefiele
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Justice Hamza Muazu of the Federal Capital Territory High Court Abuja, has rejected the additional proof of evidence brought by the Economic and Financial Crimes Commission (EFCC) against a former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, in the alleged procurement fraud trial brought against him.
The judge, who noted that the charge against Emefiele was filed since August 14, 2023 and his plea taking on November 16, 2023, said that the action of the EFCC would amount to denial of fair trial because the former governor of CBN was not confronted with the new evidence during investigation as required by law.
Justice Muazu further added that the action of EFCC amounted to trial by ambush and a clear case of fishing for evidence in the trial that commenced since November 28, 2023.
The judge held that the position of the law is that the charge was filed upon the completion of investigation and prima facie case established against any defendant in a criminal matter, adding that in the instant case, the contrary is the case.
The judge however, declined to strike out the charge for being a product of incomplete or ongoing investigation and therefore speculative as claimed by Emefiele.
Justice Muaza said that the charge cannot be struck down because both the defendant and the prosecution had joined issues with each other and trial almost completed.
He also declined to expunge the evidence of the former SGF, Boss Mustapha and Bamayi Haruna Mairiga from the court records as requested by Emefiele that the evidence of the two witnesses offended Section 36 (2) of the 1999 Constitution on fair hearing.
The additional proof of evidence filed on October 15, 2024, by the EFCC was seeking to introduce fresh evidence against Emefiele, more than 365 days when the charges against him was filed.
It also sought to bring two witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra judicial statements were made in August 2024, in respect of the charge that had been filed in August 2023.
Meanwhile, Justice Muaza has fixed June 3, for continuation of trial.
