Why Emefiele Wants Judge To Recuse Himself From $4.5bn Fraud Trial
Afnews Editor
Feb 25, 2025
Godwin Emefiele, ex-CBN governor, is demanding that Justice Rahman Oshodi withdraw from his $4.5bn fraud trial. The EFCC, however, calls it a delay tactic. The court will decide on February 26. Full details inside.
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The embattled former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has taken a dramatic turn in his ongoing trial over $4.5 billion and N2.8 billion fraud allegations, demanding that the presiding judge, Rahman Oshodi, step down from the case over alleged bias.
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Emefiele, who is facing 19 counts of abuse of office, gratification, and corrupt practices, alongside his co-defendant, Henry Omoile, insists that the judge's handling of the case raises serious questions about fairness and impartiality.
At the latest hearing on Monday, Olalekan Ojo, Emefiele's counsel, accused the judge of permitting a leading question in favor of the Economic and Financial Crimes Commission (EFCC) despite objections from the defense.
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During the proceedings, Rotimi Oyedepo, the EFCC's counsel, was leading testimony from John Adetola, the seventh prosecution witness. Adetola had earlier alleged that he delivered bribe money from John Ayoh to Emefiele in his office.
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Oyedepo then referenced a WhatsApp message from Eric Odoh, extracted from Adetola's phone by EFCC investigators, and asked the witness to confirm its content.
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However, the defense objected, arguing that since the document was only marked for identification but not yet admitted as evidence, the witness could not be asked to comment on it at that stage.
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Despite the defense's protest, Justice Oshodi overruled the objection, citing Section 224 of the Evidence Act, which allows leading questions on introductory and undisputed matters.
Angered by the ruling, Emefiele's legal team refused to cross-examine the witness, instead filing a motion for the judge to recuse himself from the trial, claiming that his actions indicated prejudice against the defense.
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However, EFCC's lawyer, Rotimi Oyedepo, strongly opposed the motion, dismissing it as a delay tactic aimed at frustrating the trial.
"Your Lordship has ruled against the prosecution multiple times in this case. If the defense is dissatisfied with a ruling, they can appeal. There is no proof of bias, and this application is merely to delay the process," Oyedepo argued.
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He urged the court to reject Emefiele's application, emphasizing that the court had already granted an accelerated hearing to ensure swift justice.
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Following the heated exchanges, Justice Oshodi adjourned the case until February 26 for a ruling on whether he will withdraw from the trial.
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Meanwhile, Emefiele's legal team has also filed a separate motion challenging the court's jurisdiction to hear the case. That application will also be heard on February 26.
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Emefiele's demand for the judge to step aside has raised serious legal and political questions:
Is he genuinely concerned about fairness, or is this a ploy to stall the trial?
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Will the judge agree to withdraw, or will he proceed with the case despite allegations of bias?
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If the judge stays, will the defense continue with its legal battle or seek a higher court's intervention?
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With billions at stake and Nigeria watching, the coming weeks could determine Emefiele's fate in one of the biggest corruption cases in recent history.
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— Afnews Editor