Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, has dismissed an application by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, seeking his recusal from the trial over allegations of bias.
Delivering his ruling on Wednesday, Justice Oshodi stated that the defence’s claims of bias were unsubstantiated and lacked sufficient evidence to warrant his withdrawal from the case. He emphasized that judicial bias must be personal or based on judicial reasoning, not just perceived unfairness in court proceedings.
Defence and Prosecution Arguments
Emefiele’s lead counsel, Olalekan Ojo (SAN), had urged the judge to step down, arguing that he had allowed a leading question previously objected to by the defence. However, the Economic and Financial Crimes Commission (EFCC)’s counsel, Rotimi Oyedepo (SAN), countered that the proceedings had been conducted fairly and that the defence had failed to establish any valid grounds for bias.
Trial Background and Ruling
Emefiele and his co-defendant, Herry Omoile, are facing charges brought by the EFCC over alleged gratification, corruption, and fraudulent property receipts. They both pleaded not guilty. Justice Oshodi clarified that the bias claim stemmed from the court’s decision to allow the admission of a document for identification purposes, which was later used for questioning a prosecution witness.
“The allegations of bias have not been substantiated. Accordingly, the application of both the first and second defendants is refused,” Justice Oshodi ruled. The court, however, granted Emefiele’s request for permission to appeal an earlier ruling that upheld the court’s jurisdiction over his trial.
The case has been adjourned to May 26 for continuation of trial.
