By Ikechukwu Nnochiri
ABUJA– A High Court of the Federal Capital Territory, FCT, at Maitama, on Thursday, dismissed an application the Economic and Financial Crimes Commission, EFCC, brought for permission to file additional proof of evidence in the ongoing trial of the former Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele.
The court, in a ruling that was delivered by Justice Hamza Muazu, noted that the anti-graft agency sought to introduce fresh evidence in the matter, over a year after the charge was filed.
EFCC, in the application it filed on October 15, 2024, equally sought the court’s permission to produce two more witnesses whose names were given as Tommy Odama John and Ifeanyi Omeke.
The court processes revealed that the proposed witnesses made extra-judicial statements in August 2024, while the charge was filed on August 14, 2023.
Ruling on the matter on Thursday, the court, while upholding an objection the embattled former CBN boss filed in opposition to the application, held that the EFCC had on February 12, 2024, also filed additional proof of evidence against the defendant.
Justice Muazu held that it was the said additional evidence that accommodated the testimony of a former Secretary to the Government of the Federation, Boss Mustapha, as well as that of one Bamayi Mairiga.
He stressed that the action of the EFCC had a semblance of an attempt to deny fair hearing to the defendant who took his plea on November 16, 2023, since he was not confronted with the new evidence during investigation as required by law.
The court equally held that the action of the prosecuting agency amounted to trial by ambush and a clear case of fishing for evidence in the trial that commenced on November 28, 2023.
It was the judge’s position that allowing the additional proof of evidence after the charge had been amended severally would be prejudicial to the defendant as his right to fair hearing would be jeopardised.
He held that the law made it clear that investigation must have been completed and a prima facie case established before a charge is preferred against a defendant.
However, the court declined Emefiele’s plea for the charge against him to be struck out for being a product of an incomplete or ongoing investigation and therefore speculative.
According to the court, the charge could not be struck out since the defendant and the prosecution had already joined issues with each other and the trial was almost completed.
Justice Muazu held that having gone so far, justice would be served if the trial was completed on its merit and final judgment delivered in the matter.
He further declined to expunge the evidence of the former SGF Mustapha and Bamayi Mairiga from the court’s records as requested by Emefiele who contended that evidence of the two witnesses was offensive to the tenets of fair hearing provided in section 36 (2) of the 1999 Constitution, as amended.
The erstwhile CBN governor had through his team of lawyers led by Mr. Mathew Burkaa, SAN, insisted that he was not afforded the opportunity to respond to extra-judicial statements the two witnesses made after his trial had already commenced.
Meanwhile, the court adjourned further hearing in the charge against Emefiele marked FCT/HC/CR/577/2023 till June 3.
EFCC had in the amended charge before the court, accused the defendant of complicity in procurement fraud totalling about N1.2 billion.
The anti-graft agency alleged that the former CBN governor illegally awarded contracts for the purchase of 43 vehicles between 2018 and 2020 worth N1.2 billion.
He was further accused of giving a corrupt advantage to one Mrs. Sa’adatu Ramallan Yaro, by awarding her a contract for the procurement of 37 Toyota Hilux Vehicles valued at N854 million.
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