Court Rejects EFCC’s Additional Evidence Against Emefiele

A Nigerian court has dismissed the EFCC’s attempt to submit additional proof in its case against former CBN Governor Godwin Emefiele.

Justice Hamza Muazu of the Federal Capital Territory High Court in Abuja has dismissed the supplementary proof submitted by the Economic and Financial Crimes Commission (EFCC) against Godwin Emefiele, a former governor of Nigeria’s Central Bank, regarding his alleged involvement in procurement fraud.

In a ruling on the motion filed by Emefiele challenging the EFCC’s actions, Justice Muazu stated that on February 12, 2024, the Commission had initially submitted additional evidence against the former CBN governor. This new proof of evidence included testimony from Boss Mustapha, a former Secretary to the Government of the Federation, and Bamayi Haruna Mairiga.

The judge pointed out that the charge against Emefiele was filed as far back as August 14, 2023, and he entered his plea on November 16, 2023. The judge stated that the EFCC’s actions could result in a denial of fair trial because they did not present the former CBN governor with new evidence during the investigation process, which is mandated by law.

Justice Muazu also mentioned that the actions of the EFCC amounted to a trial by ambush and represented a clear instance of searching for evidence in a case that began on November 28, 2023.

Justice Muazu noted that permitting the submission of additional evidence after the charges had been amended multiple times was unfair to the defendant, as it violated his right to a fair hearing.

The judge stated that, according to the law, a charge should be filed once an investigation is completed and a prima facie case has been established against any defendant in a criminal matter. However, he noted that this was not followed in the present situation.

However, the judge refused to dismiss the charge on the grounds that it was a result of an incomplete or ongoing investigation and thus speculative, as Emefiele had claimed.

Justice Muaza stated that the charge could not be dismissed because both the defendant and the prosecution had engaged in debate, and the trial was nearly concluded.

The judge stated that the case has progressed significantly and justice will be achieved if the trial is concluded based on its merits, followed by a final judgment.

He also refused to remove from court records the evidence provided by former SGF Boss Mustapha and Bamayi Haruna Mairiga, despite Emefiele’s request. Emefiele argued that their testimonies violated Section 36 (2) of the 1999 Constitution concerning fair hearing.

The EFCC submitted further evidence on October 15, 2024, aiming to present new information against Emefiele over a year after the charges were initially filed.

It also aimed to introduce two witnesses, Tommy Odama John and Ifeanyi Omeke, who provided extrajudicial statements in August 2024 regarding the charge that had been filed in August 2023.

In the motion argued by his lead counsel, Mathew Burkaa, SAN, Emefiele asserted a complaint that the EFCC brought forward evidence from Mustapha and Mairiga without presenting their extrajudicial statements to him beforehand. These statements were made long after the trial had already begun.

Meanwhile, Justice Muaza has scheduled the trial to continue on June 3rd.