An Abuja high court on Thursday rejected the additional proof of evidence brought by the Economic and Financial Crimes Commission (EFCC) against former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Emefiele is charged with procurement fraud by the EFCC.
The additional proof of evidence filed on Oct. 15, 2024 by the EFCC, sought 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.
Delivering ruling in a motion on notice filed by Emefiele, Justice Hamza Muazu rejected the additional proof of evidence.
He held that the anti-graft agency had on Feb. 12, 2024, first filed additional proof of evidence to accommodate the evidence of a former Secretary to the Government of the Federation, Mr Boss Mustapha and one Bamayi Haruna Mairiga.
The judge noted that the charge against Emefiele was filed Aug. 14, 2023 and his plea taking on Nov. 16, 2023.
He held that the action of the EFCC had a resemblance of denial of fair trial because Emefiele was not confronted with the new evidence during investigation as required by law.
The judge held 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.
He agreed that allowing the additional proof of evidence after the charge had been amended severally was prejudicial to the defendant, as his right to fair hearing is being breached.
Justice Muazu held that the position of the law, is that the charge was filed upon the completion of investigation.
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 Muazu held that the charge cannot be struck down because both the defendant and the prosecution had joined issues with each other and trial almost completed.
The judge held that having gone so far, justice would be served if the trial is completed on its merit and final judgment delivered in the matter.
He also declined to expunge the evidence of 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.
Emefiele had in the motion argued by his lead counsel, Mathew Burkaa, SAN complained that the evidence of Mustapha and Mairiga were brought to court by EFCC without confronting him with their extra judicial statements made long after the trial had commenced.
Meanwhile, Justice Muazu adjourned until June 3, for continuation of trial
The EFCC charged Emefiele with 20 counts amended charge of criminal breach of trust, forgery, conspiracy obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.
The EFCC alleged that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).
He is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in suit marked: FCT/HC/CR/577/2023.
