Justice Hamza Muazu of the Federal Capital Territory High Court in Abuja has rejected the Economic and Financial Crimes Commission’s (EFCC) attempt to introduce additional proof of evidence against Godwin Emefiele, the former Governor of the Central Bank of Nigeria (CBN), in his ongoing procurement fraud trial.
In a ruling on a motion filed by Emefiele’s legal team, led by Mathew Burkaa, SAN, Justice Muazu noted that the EFCC had previously filed additional evidence on February 12, 2024, which included the testimonies of former Secretary to the Government of the Federation, Boss Mustapha, and Bamayi Haruna Mairiga.
The charges against Emefiele were initially filed on August 14, 2023, with his plea taken on November 16, 2023.
The judge ruled that the EFCC’s latest attempt to introduce new evidence, filed on October 15, 2024, would deny Emefiele a fair trial since he was not confronted with the evidence during the investigation.
This action was described as “trial by ambush” and an attempt to “fish for evidence” in a trial that began on November 28, 2023. Allowing such evidence after multiple amendments to the charges would prejudice Emefiele’s right to a fair hearing.
Justice Muazu emphasized that investigations should be completed and a prima facie case established before charges are filed. However, he declined to strike out the charges as Emefiele requested, citing that the trial was nearing completion and justice would be best served by concluding it on its merits.
The EFCC’s latest evidence sought to introduce two new witnesses, Tommy Odama John and Ifeanyi Omeke, whose statements were made in August 2024. The court also refused to expunge the evidence of Boss Mustapha and Bamayi Haruna Mairiga from the records, as requested by Emefiele.
The trial has been adjourned until June 3, 2025.
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