Alleged $4.5bn, N2.8bn Fraud: EFCC Files Additional Evidence Against Emefiele
Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, has adjourned until May 9, 2024, to enable the defence to study the additional proof of evidence instituted against the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele by the Economic and Financial Crimes Commission (EFCC).
It would be recalled that the former CBN helmsman was dragged before the court over his alleged involvement in fraud to the tune of $4.5 billion and N2.8 billion respectively.
Delivering a short ruling, Justice Oshodi who said he had considered the submissions of both parties and was satisfied with the reasons given by the defence for adjournment, declared, “I have considered the conflicting submissions regarding whether I should adjourn for further continuation of the trial or not.
“I am satisfied with the reasons given by the defence. For the adjournment sought, I grant it. I adjourn until May 9 for the continuation of trial.”
Before the ruling of the court, Emefiele’s counsel and Senior Advocate of Nigeria (SAN), Olalekan Ojo had hinted to the court that the prosecution had filed an additional proof of evidence, and he needed enough time to go through it.
Ojo particularly contended that the former CBN boss had not seen the document and that justice rushed is justice crushed.
According to the SAN, “I am constrained at this point to ask your lordship to do justice, the proof must be served early enough, but I was being served this morning.
“Defence may find anything useful in the additional proof of evidence to cross-examine the witness in the box.
“I humbly urge the court to adjourn this matter so that I could thoroughly go through it and study the same.”
On his part, the counsel for the second defendant, Adeyinka Kotoye (SAN), aligned with the submission of the first defence counsel.
Kotoye particularly posited that it was only in this part of the world that the prosecution would be conducting an investigation, while a case was already ongoing in court.
The SAN therefore urged the court to adjourn the case in the interest of justice and adequate opportunity to study the additional proof of evidence.
In his words: “I urge your lordship not to entertain this trial by ambush and put a stop to it.
“I also apply that your lordship mandates the prosecution to supply us with all relevant materials. Therefore, in the spirit of fairness, I urge your lordship to adjourn the case.”
Responding, the counsel for the EFCC, Rotimi Oyedepo (SAN) informed the judge that the second prosecution witness was in court for the continuation of cross-examination and that he had served the defence the statement of one Mr John Adetola, as additional proof of evidence.
While opposing the submissions of the defence, Oyedepo (SAN) prayed to the court for the continuation of the cross-examination of the second prosecution witness, adding that it was unfair for a Senior Advocate of Nigeria whom he held in high esteem to describe his team and its activities as prosecutorial unfairness.
In confirming that Adetola was a fifth prosecution witness in the proof of evidence, Oyedepo (SAN) explained that his statement was contained in Volume 2 of what was served on the defence on April 4.
Oyedepo (SAN), said, “In preparation for his testimony that will be coming up not today, not even on May 9, the prosecution, rather than wait for the defence to formally place a demand on us on what is in the device, diligence prosecution made me make the device available to the defence.
“My lord, how does that amount to prosecutorial unfairness? I plead with the defence not to delay this case unnecessarily as we have a witness in the box who has provided evidence, and he is being cross-examined by the first defence counsel.
“If the defence is angry that I served them the proof of evidence today, we can withdraw it and serve the same on a later day.”
The anti-graft agency maintained before Justice Oshodi that the society was interested and watching the proceedings of the case.
“The Society is interested, they are watching us, will this matter be adjourned based on the evidence of another man who is not the witness in the box?
“We are not rushing or crushing justice, rather, we are aiding the oil of justice to rise steadily. Expeditious determination of cases is of utmost importance, and so we urge your lordship to allow the cross-examination,” Oyedepo stated.
The EFCC had on April 8 arraigned Emefiele on 23 counts bordering on abuse of office, accepting gratifications, corrupt demand, receiving property fraudulently obtained and conferring corrupt advantage.
Also, his co-defendant was arraigned on three counts bordering on acceptance of gift by agents.
