A High Court in the Federal Capital Territory (FCT), Maitama, has rejected an application by the Economic and Financial Crimes Commission (EFCC) seeking to introduce additional evidence in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
Delivering the ruling on Thursday, Justice Hamza Muazu noted that the anti-graft agency attempted to bring in fresh evidence over a year after the initial charges were filed.
The EFCC had submitted the application on October 15, 2024, requesting approval to present two new witnesses, identified as Tommy Odama John and Ifeanyi Omeke. Court documents revealed that these witnesses provided extra-judicial statements in August 2024, despite the case being instituted on August 14, 2023.
Emefiele opposed the motion, arguing that the prosecution had already introduced additional evidence on February 12, 2024, which included testimonies from former Secretary to the Government of the Federation, Boss Mustapha, and another individual, Bamayi Mairiga.
Justice Muazu ruled that introducing more evidence at this stage could compromise Emefiele’s right to a fair trial, as he was not confronted with the new material during the investigation.
The court criticized the EFCC for what appeared to be an attempt to ambush the defense by gathering evidence after the trial had already commenced on November 28, 2023.
The judge further stated that permitting additional evidence after several amendments to the charges would be unfair to the defendant.
He emphasized that under the law, investigations must be completed before charges are brought against an accused person.
However, the court declined Emefiele’s request to have the charges dismissed, ruling that the trial had progressed significantly and should proceed to its conclusion.
The judge also refused to strike out the testimonies of Mustapha and Mairiga from the court’s records, despite Emefiele’s claim that their evidence violated his right to fair hearing.
The case was adjourned to June 3 for further proceedings.
Emefiele is currently facing charges related to alleged procurement fraud amounting to N1.2 billion. The EFCC accuses him of unlawfully awarding contracts for 43 vehicles between 2018 and 2020 and of granting an improper advantage to Sa’adatu Ramallan Yaro by awarding her a contract to supply 37 Toyota Hilux vehicles valued at N854 million.