The Special Offences Court in Lagos has refused to stop hearing the corruption allegations made against the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Justice Rahman Oshodi in his ruling on Wednesday dismissed the request for him to recuse himself from the trial, stating that the allegations of bias against him were unsubstantiated.
NaijaTimesUSA recalls that at the resumed trial yesterday, Emefiele’s lawyer, Olalekan Ojo, who is a Senior Advocate of Nigeria (SAN), accused the trial judge of permitting a leading question, which the defense had previously objected to.
Former Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, has requested the recusal of Justice Rahman Oshodi of the Special Offences Court in Lagos, citing alleged bias in the ongoing trial.
During the trial, prosecution counsel Rotimi Oyedepo, SAN, continued presenting evidence.
Leading the seventh prosecution witness, Mr. John Adetola, Oyedepo reminded the witness of his earlier testimony, in which he stated that he had received $400,000 from John Ayoh and handed it over to Emefiele at his office.
Oyedepo then asked the witness to confirm a WhatsApp message, allegedly printed from Adetola’s phone by the EFCC investigators .
The defence objected, arguing that the document was only meant for identification and not an official exhibit. also , according to Ojo, OYEDEPO PW7 had earlier told the court that he collected the sum of $500,000 from John AYOH and handed it over to the 1st defendant. OYEDEPO further asked him “… was it $400,00 that you collected from Ayoh that was handed to the 1st defendant defendant? On his part Ojo objected to the question because it a leading question and urged the court not to allow it. The judge in its ruling allowed the question because, according to him, a leading question relates to matters that are introductory or undisputed or which have, in the opinion of the court been already sufficiently proved and allowed the question. The implication of allowing the question is that the court has formed the opinion that the prosecution had sufficiently proved that PW7 accepted none and handed it over to the defendant.
Justice Oshodi overruled the objection, allowing the witness to read from the document, relying on Section 221 (3) of the Evidence Act, which permits leading questions regarding introductory facts, undisputed facts, or facts already proven.
In response, Emefiele’s lawyer, Olalekan Ojo, argued that the judge’s ruling prematurely confirmed the $400,000 transaction between Adetola and Emefiele, making it impossible for the defence to cross-examine the witness fairly.
As a result, Lekan Ojo requested that Justice Oshodi recuse himself from further hearings.
Ojo, along with Omoile’s counsel, Kazeem Gbadamosi, SAN, asked the judge to withdraw on grounds of bias.
They also declined to cross-examine the witness, submitting an oral application for the judge’s recusal.
Ojo stated, “A judge can be either consciously or unconsciously biased… and that this present case is a matter of being unconsciously biased against the defendant. At this stage, I urge the court to recuse itself.” Lekan Ojo further cited the case of the State Vs Major Hamza Mustapha and others , where , when the judge was requested to allow defendants to seat at the duck he replied as follows “ .. I don’t allow criminals to seat in my court “ The counsel to the defendants in that case quickly told the court that the court had already adjudged the defendant to be guilty and urged the court to recuse itself on grounds of bias. Honourable Justice Christopher Segun honourably withdrew from the case because he admitted that the legal counsel to the defendants was correct.
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In response, Oyedepo opposed the defence’s application and argued that the court had ruled multiple times against the prosecution without bias.
He accused the defence of using delay tactics and urged the court to disregard the recusal request.
Earlier in the proceedings, Ojo informed the court of an application seeking permission for Emefiele to appeal a ruling made on January 8, 2025, challenging the court’s jurisdiction to hear the case.
Justice Oshodi adjourned the case to February 26, 2025, to rule on whether he would recuse himself from further hearings.
However, during the trial today February 26, 2025, the Special Offences Court in Lagos has refused to stop hearing citing a range of legal authorities. The court held that judicial bias is insufficient to justify disqualification or recusal, adding that it must be personal or based on some judicial reasoning.
The judge subsequently held that the application for his recusal lacked merit and he promptly refused it.
At the last sitting of the court on Monday, Emefiele, through his lead counsel, Olalekan Ojo (SAN), had requested that Justice Oshodi step down from the proceedings.
The counsel argued that by allowing the prosecution ask a leading question that the defence had previously objected to, the judge had made it impossible for the defence to fairly cross-examine the witness. He requested that Justice Oshodi recuse himself from further hearings.
