A High Court of the Federal Capital Territory, FCT, in Abuja, has rejected the additional proof of evidence brought by the Economic and Financial Crimes Commission, EFCC, against former governor of the Central Bank of Nigeria, CBN, Godwin Emefiele in the alleged procurement fraud trial brought against him.
The additional proof of evidence filed on October 15, 2024 by the EFCC was seeking to introduce fresh evidence against Emefiele, more than 365 days when the charges against him was filed.
It also sought to bring two witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra judicial statements were made in August 2024, in respect of the charge that had been filed in August 2023.
Delivering ruling on Thursday in a motion on notice filed by Emefiele to object to the action of the EFCC, Justice Hamza Muazu held that the anti-graft agency 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, Mr 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 the action of the EFCC had a resemblance of 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 said 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.
In the ruling, the judge agreed 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.
Justice Muaza 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 the charge cannot be struck down because both the defendant and the prosecution had joined issues with each other and the trial almost completed.
The judge held that having gone so far, justice would be served if the trial is completed on its merit and final judgment delivered in the matter.
He also declined to expunge the evidence of Boss Mustapha and Bamayi Haruna Mairiga from the court records as requested by Emefiele that the evidence of the two witnesses offended Section 36 (2) of the 1999 Constitution on fair hearing.
Emefiele had in the motion argued by his lead counsel, Mr Mathew Burkaa, SAN complained that the evidence of Mustapha and Mairiga were brought to court by EFCC without confronting him with their extra judicial statements made long after the trial had commenced.
Meanwhile, Justice Muaza has fixed June 3, for continuation of trial in the charge marked: FCT/HC/CR/577/2023.
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