Court rejects EFCC’s request to file additional evidence against Emefiele

A High Court of the Federal Capital Territory (FCT) in Maitama has dismissed an application by the Economic and Financial Crimes Commission (EFCC) seeking to file additional proof of evidence in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.

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Delivering the ruling on Thursday, March 20, Justice Hamza Muazu stated that the EFCC’s attempt to introduce fresh evidence came over a year after the initial charges were filed, raising concerns about fairness in the trial. The anti-graft agency had also requested to present two additional witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra-judicial statements were made in August 2024, months after the trial had commenced.

Justice Muazu ruled that the EFCC had already submitted additional evidence on February 12, 2024, which included testimonies from former Secretary to the Government of the Federation (SGF) Boss Mustapha and one Bamayi Mairiga. He described the EFCC’s latest move as an attempt to ambush the defendant, violating his right to a fair hearing, as he was not confronted with the new evidence during the initial investigation.

The court held that allowing fresh evidence after several amendments to the charge would be prejudicial to Emefiele. It also emphasized that under the law, an investigation must be completed before charges are filed, not pursued during an ongoing trial.

However, Justice Muazu rejected Emefiele’s request to have the charges dismissed on the grounds that they stemmed from an incomplete investigation. He ruled that the case should proceed to its conclusion, given that both parties had already engaged in the trial, which was nearing completion. The judge also declined to strike out the testimonies of Mustapha and Mairiga, despite Emefiele’s legal team arguing that their statements violated his right to a fair hearing.

The court adjourned further proceedings to June 3. Emefiele faces charges of alleged procurement fraud amounting to N1.2 billion, including awarding contracts for 43 vehicles between 2018 and 2020. The EFCC also accuses him of granting an undue advantage to Sa’adatu Ramallan Yaro by awarding her a contract for the procurement of 37 Toyota Hilux vehicles worth N854 million.