The Federal Capital Territory High Court in Maitama, Abuja, on Thursday, refused to allow the Economic and Financial Crimes Commission to include additional proof of evidence against the former governor of the Central Bank of Nigeria, Godwin Emefiele.
Justice Hamza Muazu refused allowing the prosecution while delivering ruling in a motion filed by Emefiele through his legal team, led by Mathew Burkaa (SAN).
Emefiele, in the charge marked FCT/HC/CR/577/2023, is facing trial for alleged procurement fraud brought against him by the EFCC.
When the case was called, Justice Muazu stated he would proceed directly to deliver his ruling on the defendant’s application.
Emefiele had in an application, opposed the EFCC’s attempt to introduce fresh evidence more than 365 days after the charges against him were filed.
The EFCC filed the additional proof of evidence on October 15, 2024, seeking to bring two witnesses, Tommy John and Ifeanyi Omeke, whose extrajudicial statements were made in August 2024, concerning charges filed against the defendant in August 2023.
In his ruling, Justice Muazu noted that the EFCC had earlier, on February 12, 2024, filed additional proof of evidence to accommodate the testimonies of former Secretary to the Government of the Federation, Boss Mustapha, and Bamayi Haruna Mairiga.
He highlighted that the charges against Emefiele were initially filed on August 14, 2023, and his plea was taken on November 16, 2023.
Justice Muazu held that the EFCC’s actions resembled a denial of fair trial because the defendant had not been confronted with the new evidence during the investigation, as required by law. He described the EFCC’s actions as “trial by ambush” and akin to “fishing for evidence” in a trial that commenced on November 28, 2023.
The judge ruled that allowing the additional proof of evidence after several amendments to the charges would prejudice the defendant, thereby breaching his right to a fair hearing.
He emphasized that, under the law, charges should be filed upon the completion of investigations and the establishment of a prima facie case. In this instance, he observed, the contrary was evident.
Justice Muazu, however, declined to strike out the charges entirely, as both parties had already joined issues, and the trial was nearing completion.
The judge maintained that justice would best be served if the trial were concluded on its merits and a final judgment delivered.
Additionally, Justice Muazu refused to expunge the evidence of Boss Mustapha and Bamayi Haruna Mairiga from court records, as requested by Emefiele.
The defendant had argued that the evidence violated Section 36(2) of the 1999 Constitution on fair hearing, citing that the witnesses’ statements were introduced long after the trial commenced without prior confrontation.
Justice Muazu fixed June 3 for the continuation of the trial.
