Court Dismisses EFCC’s Additional Evidence In Emefiele Case

Justice Hamza Muazu of the Federal Capital Territory High Court in Abuja has rejected the additional proof of evidence presented by the Economic and Financial Crimes Commission (EFCC) against former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, in his alleged procurement fraud trial.

Delivering his ruling on a motion filed by Emefiele to object to the EFCC’s actions, Justice Muazu noted that the EFCC had first filed additional proof of evidence on February 12, 2024, to include the testimonies of former Secretary to the Government of the Federation, Boss Mustapha, and Bamayi Haruna Mairiga. The judge pointed out that the charge against Emefiele was filed on August 14, 2023, with his plea being taken on November 16, 2023, and emphasized that the EFCC’s actions would constitute a denial of fair trial. He stated that Emefiele was not confronted with the new evidence during the investigation, as required by law.

Justice Muazu also described the EFCC’s actions as an attempt at “trial by ambush” and an improper effort to “fish for evidence,” given that the trial had commenced on November 28, 2023. He further stated that permitting the introduction of the additional proof of evidence, after multiple amendments to the charge, would be prejudicial to the defendant, as it infringed on his right to a fair hearing.

The judge ruled that criminal charges are filed only after an investigation has been completed and a prima facie case has been established. In this case, however, the judge found that the investigation had not been concluded. Despite this, Justice Muazu declined to strike out the charges, noting that the trial had progressed significantly, with both parties having engaged in the proceedings. He suggested that justice would be served if the trial continued and a final judgment was delivered.

The judge also rejected Emefiele’s request to expunge the evidence of Boss Mustapha and Bamayi Haruna Mairiga, ruling that their testimonies did not violate the fair hearing provisions of the 1999 Constitution.

The additional proof of evidence filed by the EFCC on October 15, 2024, sought to introduce new evidence against Emefiele, over 365 days after the initial charges were filed. It also aimed to include two witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra-judicial statements were made in August 2024, after the charges had already been filed in August 2023.

Emefiele, represented by his lead counsel, Mathew Burkaa, SAN, had argued that the evidence of Mustapha and Mairiga was presented without him being confronted with their extra-judicial statements, which were made well after the trial began.

Justice Muazu has adjourned the case until June 3 for the continuation of the trial.