Justice Hamza Muazu of the Federal Capital Territory High Court Abuja has rejected the additional proof of evidence brought by the Economic and Financial Crimes Commission (EFCC) against a former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, in the alleged procurement fraud trial brought against him.
Delivering a ruling in a motion on notice filed by Emefiele to object to the action of the EFCC, Justice Muazu held that the Commission had, on February 12, 2024, first filed additional proof of evidence against the former CBN governor to accommodate the evidence of a former Secretary to the Government of the Federation, Boss Mustapha and one Bamayi Haruna Mairiga.
The judge, who noted that the charge against Emefiele was filed on August 14, 2023, and his plea taken on November 16, 2023, said that the EFCC’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.
Muazu added that the EFCC’s action amounted to a trial by ambush and a clear case of fishing for evidence in the November 28, 2023 trial.
He pointed out that allowing additional proof of evidence after the charge had been amended several times was prejudicial to the defendant, as his right to a fair hearing was being breached.
The judge held that the position of the law is that the charge was filed upon the completion of the investigation and prima facie case established against any defendant in a criminal matter, adding that in the instant case, the contrary is the case.
Muazu, however, declined to strike out the charge as a product of incomplete or ongoing investigation and, therefore, speculative, as Emefiele claimed.
He said that the charge could not be struck down because the defendant and the prosecution had issues with each other, and the trial was almost completed.
The judge added that the case had gone so far, and justice would be served if the trial was completed on its merits and a final judgment was delivered on the matter.
He also declined to expunge the evidence of the former SGF, Boss Mustapha and Bamayi Haruna Mairiga from the court records as requested by Emefiele that the proof of the two witnesses offended Section 36 (2) of the 1999 Constitution on fair hearing.
The EFCC’s additional proof of evidence filed on October 15, 2024, sought to introduce fresh evidence against Emefiele, more than 365 days after the charges against him were filed.
It also sought to bring two witnesses, Tommy Odama John and Ifeanyi Omeke, whose extrajudicial statements were made in August 2024 regardingregarding the charge filed in August 2023.
In the motion argued by his lead counsel, Mathew Burkaa, SAN, Emefiele complained that the EFCC brought Mustapha and Mairiga’s evidence to court without confronting him with their extrajudicial statements made long after the trial had commenced.
Meanwhile, Justice Muaza has fixed June 3 for the continuation of trial.
