Court Rejects EFCC’s Additional Proof Evidence On Emefiele

The Economic and Financial Crimes Commission (EFCC) has rejected the additional evidence that was presented to Godwin Emefiele, a former governor of the Central Bank of Nigeria (CBN), in the alleged procurement fraud trial that was brought against him, according to Justice Hamza Muazu of the Federal Capital Territory High Court Abuja.

Justice Muazu ruled in an appeal to the EFCC that the Commission had on February 12, 2024, filed additional evidence against the former CBN governor to accommodate the testimony of former government of the Federation, Boss Mustapha, and one Bamayi Haruna Mairiga.

The judge argued that Emefiele’s action would amount to a denial of a fair trial because the former governor of CBN was not confronted with the new evidence during the investigation as required by law because the charge against him had been filed since August 14, 2023 and his plea was entered on November 16, 2023.

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Justice Muazu added that the EFCC’s conduct constituted a clear case of fishing for evidence in the trial, which had commenced on November 28, 2023.

Justice Muazu argued that the defendant’s right to a fair hearing is being violated by permitting the additional proof of evidence after the charge had been severally amended.

The judge ruled that the law holds that a charge was brought against a defendant in a criminal case upon completion of the investigation and prima facie evidence, adding that the opposite is true in this case.

However, the judge declined to dismiss the charge because Emefiele claimed that the allegations were speculative and were the result of an incomplete or ongoing investigation.

Because the defendant and the prosecution had already argued over issues and the trial was almost over, according to Justice Muaza, the charge cannot be dropped.

The judge added that justice would be served if the trial’s merit and final judgment were granted. The case has already advanced so far.

As requested by Emefiele, he also declined to remove the evidence from the court records from the former SGF, Boss Mustapha, and Bamayi Haruna Mairiga, arguing that the two witnesses’ testimony violated Section 36 (2) of the 1999 Constitution at a fair hearing.

More than 365 days prior to the filing of the charges against Emefiele, the EFCC filed additional proof of evidence on October 15, 2024, stating that the EFCC was attempting to present new evidence against him.

In addition to the charge that had been filed in August 2023, it requested that Tommy Odama John and Ifeanyi Omeke be brought before them as extra-judicial witnesses in August of that year.

Emefiele claimed in the motion that his lead attorney, Mathew Burkaa, SAN, had not confronted him about the fact that the prosecution had brought the evidence against him in court after the trial had already begun.

Source: Channels TV