A Special Offences Court sitting in Ikeja, Lagos, has adjourned ruling on recusal application by the former Central Bank Governor, Godwin Emefiele, until Wednesday, February 26, to decide whether or not to continue hearing the case.
Justice Rahman Oshodi made the ruling after Emefiele’s counsel, Senior Advocate of Nigeria (SAN) Olalekan Ojo, requested that he (judge) recuse himself, citing allegations of bias. Similarly, Kazeem Gbadamosi (SAN), representing Emefiele’s co-defendant, Henry Omoile, also urged the judge to withdraw from the case.
Emefiele is facing a 19-count charge brought by the Economic and Financial Crimes Commission (EFCC), including allegations of receiving gratification and making corrupt demands. His co-defendant, Omoile, is facing a separate three-count charge related to the unlawful acceptance of gifts by a public official.
During Monday’s proceedings, the EFCC’s lead counsel, Rotimi Oyedepo (SAN), concluded the evidence-in-chief of a key witness, Adetola John, a former personal assistant to Emefiele.
While leading the witness, Oyedepo reminded him of his testimony from November 2024, in which he stated that he had received $400,000 in cash from the former director of the ICT Department, John Ayoh, and delivered it to Emefiele in his office.
Adetola also recalled that he handled office correspondence and visitor management for the former CBN governor in Lagos, while another aide, Eric Odoh, performed the same duties at the Abuja office.
Oyedepo then presented a WhatsApp message from Odoh, printed from Adetola’s phone by EFCC investigators, asking the witness to confirm its contents.
However, the defence team objected, arguing that the document was marked only for identification and not formally admitted as evidence. They further contended that Adetola could neither read from nor speak to the document.
Justice Oshodi overruled the objection, allowing the witness to read from the document under Section 224 of the Evidence Act, which permits leading questions on introductory or undisputed facts.
Following the ruling, lead defence counsel, Ojo, expressed dissatisfaction with the court’s decision. Instead of proceeding with cross-examination, he and his colleagues formally requested that the judge recuse himself, citing bias.
Ojo argued that the ruling suggested the court had already accepted the claim that Adetola delivered the $400,000, thereby prejudicing the defence’s ability to conduct a fair cross-examination.
In response, the EFCC counsel, Oyedepo, strongly opposed the recusal application.
“In this proceeding, your lordship has, on numerous occasions, ruled against the prosecution. If the defence is dissatisfied with the court’s ruling, they have the right to appeal,” Oyedepo stated.
“I do not know what the defence is trying to prove by telling this court to recuse itself because, in this case, there is no evidence of bias.
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“This is a form of delay tactic, and I urge your lordship to dismiss the application. A reasonable person in this court will see that it is merely meant to stall the trial.
“The court has already granted an accelerated hearing, and I urge this honourable court to direct the defence to proceed with cross-examination.”
After hearing arguments from both sides, Justice Oshodi adjourned the case to February 25 for a ruling on the recusal application.
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