Court rejects EFCC’s additional proof evidence on Emefiele
Justice Hamza Muazu of the Federal Capital Territory High Court Abuja, has rejected the additional proof of evidence brought by the Economic and Financial Crimes Commission (EFCC) against a former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, in the alleged procurement fraud trial brought against him.
Delivering ruling in a motion on notice filed by Emefiele to object to the action of the EFCC, Justice Muazu held that the Commission had on February 12, 2024, first filed additional proof of evidence against the former CBN governor to accommodate the evidence of a former Secretary to the Government of the Federation, Boss Mustapha and one Bamayi Haruna Mairiga.
The judge, who noted that the charge against Emefiele was filed since August 14, 2023 and his plea taking on November 16, 2023, said that the action of the EFCC would amount to denial of fair trial because the former governor of CBN was not confronted with the new evidence during investigation as required by law. Justice Muazu further added that the action of EFCC amounted to trial by ambush and a clear case of fishing for evidence in the trial that commenced since November 28, 2023.
Justice Muazu pointed out that allowing the additional proof of evidence after the charge had been amended severally was prejudicial to the defendant, as his right to fair hearing is being breached. The judge held that the position of the law is that the charge was filed upon the completion of investigation and prima facie case established against any defendant in a criminal matter, adding that in the instant case, the contrary is the case. The judge however, declined to strike out the charge for being a product of incomplete or ongoing investigation and therefore speculative as claimed by Emefiele.
Justice Muaza said that the charge cannot be struck down because both the defendant and the prosecution had joined issues with each other and trial almost completed.
