The Court rejects additional EFCC evidence in the supposed trial of Emefiele’s acquisition fraud

A superior court of the territory of the Federal Capital, FCT, in Abuja, has rejected the proof of additional evidence presented by the Commission of Economic and Financial Crimes, EFCC, against the former governor of the Central Bank of Nigeria, CBN, Godwin Emefiele in the alleged trial for acquisition fraud presented.

The additional evidence test presented on October 15, 2024 by the EFCC sought to introduce new evidence against Emefiele, more than 365 days when the charges against them were presented.

He also sought to bring two witnesses, Tommy Odama John and Ifeanyi Omeke, whose additional judicial statements were made in August 2024, with respect to the position he had presented in August 2023.

Delivering Thursday’s decision in a notification motion presented by Emefiele to object Mairiga.

The judge who pointed out that the position against Emefiele was filed since August 14, 2023 and his statement of guilt on November 16, 2023, said that the EFCC’s action had a similar negation of judgment just because the former governor of CBN did not face the new evidence during the investigation as required by law.

Judge Muazu said that the EFCC action amounted to trial by ambush and a clear case of fishing for evidence in the trial that began since November 28, 2023.

In the ruling, the judge agreed that allowing the additional evidence evidence after the position was severely modified was harmful to the defendant, since his right to a fair hearing is violated.

Judge Muaza argued that the position of the law is that the position was presented at the end of the investigation and the Facie Prima Case established against any accused in a criminal issue, and added that in the present case, the opposite is the case.

The judge, however, refused to attack the position for being an incomplete or continuous investigation product and, therefore, speculative, as claimed by Emefiele.

Judge Muaza said that the position cannot be attacked because both the defendant and the prosecution had joined problems with each other and that the trial almost completed.

The judge said that after having gone so far, justice would be served if the trial is completed by its merit and final judgment delivered in the matter.

He also refused to eliminate the evidence of the chief Mustapha and Bamayi Haruna Mairiga of the judicial records as requested by Emefiele that the evidence of the two witnesses offended section 36 (2) of the 1999 Constitution in fair audience.

Emefiele had argued in the motion for his main lawyer, Mr. Mathew Burkaa, San complained that Mustapha and Mairiga’s evidence were taken to court by EFCC without facing him with their additional judicial statements made long after the trial had begun.

Meanwhile, Judge Muaza has set on June 3, for the continuation of the trial marked: FCT/HC/Cr/577/2023.