Justice R.A. Oshodi of a Special Offences Court sitting in Ikeja, Lagos, on February 26, 2025 refused an application of a former governor of the Central Bank of Nigeria, Godwin Emefiele, asking the trial judge to recuse himself from the case on the allegation of bias.
Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demand preferred against him by the Economic and Financial Crimes Commission (EFCC).
His co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.
They have pleaded “not guilty” to the charges.
At the last sitting on February 24, 2025, counsel to Emefiele, Olalekan Ojo, SAN, and Omoile’s counsel, Kazeem Gbadamosi, SAN, rather than cross-examine the seventh prosecution witness, made an oral application asking the trial judge to recuse himself from the case alleging bias.
Subsequently, Justice Oshodi adjourned till Wednesday for ruling.
Ruling on the application, the judge held that the allegations of bias raised by the defence were unsubstantiated, adding that there was no evidence to justify the call for his withdrawal from the case.
“There is no iota of evidence of bias, the allegations of bias have not been substantiated, and accordingly, the first and second defendants’ recusal application is refused,” he said.
The judge further held that the application lacked merit and so dismissed the same.
However, Ojo told the court that he had a motion on notice before the court to appeal the ruling of the court granted on January 8, 2025, challenging the jurisdiction of the court to hear the case.
“I have considered the first defendant’s motion on notice to appeal the ruling of the court, an appeal is a constitutional right, therefore I grant the application for first defendant to appeal the ruling of January 8, 2025,”
Both parties were thereafter given a chance to agree on a date for further hearing.
While the defence proposed a date in May, the prosecution counsel, Rotimi Oyedepo, SAN, objected, and urged the court to order the prosecution to cross-examine the seventh witness so he could be discharged.
“I plead with your lordship that the matter should not be adjourned till May, and if we are going to May, it should be day to day hearing my lord, I mean accelerated hearing,” he said.
After listening to all the arguments, Justice Oshodi in a short ruling, granted the application of the defence.
“It is in the interest of justice to adjourn the trial, and this case is hereby adjourned till May 26, 27, and 30, 2025 for continuation of trial”, he said
