Court Rejects EFCC's Request To Add New Evidence Against Ex-CBN Governor Godwin Emefiele

EFCC's Move to Introduce Fresh Evidence Blocked by High Court

In a significant development at the Federal Capital Territory High Court in Maitama, Abuja, Justice Hamza Muazu delivered a ruling that could reshape the ongoing trial of former Central Bank of Nigeria Governor, Godwin Emefiele. On Thursday, the court denied the Economic and Financial Crimes Commission's (EFCC) request to include additional evidence in the case against Emefiele. This decision came after a motion was filed by Emefiele's legal team, led by the seasoned Senior Advocate of Nigeria, Mathew Burkaa.

Background of the Trial

For those who may not be familiar with the details, Emefiele is currently facing allegations of procurement fraud, a charge brought forward by the EFCC. The case, marked as FCT/HC/CR/577/2023, has been making headlines since it was first initiated. When the matter was called in court, Justice Muazu made it clear that he would immediately proceed to deliver his ruling on Emefiele's application, bypassing any preliminary discussions. This decision itself highlighted the importance of the ruling to come.

EFCC's Attempt to Introduce New Evidence

Now, here's where things get interesting. Emefiele's legal team opposed the EFCC's attempt to introduce fresh evidence more than 365 days after the charges were initially filed. The EFCC, on October 15, 2024, filed the additional proof of evidence, aiming to bring in two new witnesses—Tommy John and Ifeanyi Omeke. These witnesses had made extrajudicial statements in August 2024, long after the original charges were filed in August 2023. This timeline discrepancy became a central point of contention in the court proceedings.

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Interestingly, this wasn't the EFCC's first attempt to add new evidence. Earlier, on February 12, 2024, the commission had filed additional proof of evidence to accommodate the testimonies of former Secretary to the Government of the Federation, Boss Mustapha, and Bamayi Haruna Mairiga. These moves, however, raised eyebrows and sparked legal debates about the integrity of the investigation and trial process.

Justice Muazu's Ruling

In his ruling, Justice Muazu pointed out that the charges against Emefiele were initially filed on August 14, 2023, and his plea was taken on November 16, 2023. He stressed that the EFCC's actions amounted to a denial of fair trial because the defendant had not been given the opportunity to confront the new evidence during the investigation phase, as required by law. The judge described the EFCC's actions as "trial by ambush" and likened it to "fishing for evidence" in a trial that began on November 28, 2023.

The judge ruled that allowing the additional proof of evidence after multiple amendments to the charges would unfairly prejudice the defendant, thus violating his right to a fair hearing. He emphasized that, according to legal principles, charges should be filed only after investigations are complete and a prima facie case is established. In this case, the judge observed, the opposite had occurred.

Outcome of the Ruling

Despite rejecting the EFCC's request to include the new evidence, Justice Muazu refrained from striking out the charges entirely. His reasoning was that both parties had already joined issues, and the trial was nearing its conclusion. The judge believed that the best course of action would be to allow the trial to conclude on its merits and deliver a final judgment. This decision reflects a commitment to ensuring that justice is served fairly and transparently, even in the face of procedural challenges.

As the case continues, it remains to be seen how this ruling will impact the overall outcome. For now, Emefiele's legal team can breathe a sigh of relief, knowing that the court has upheld the principles of fairness and due process. Meanwhile, the EFCC will have to rely on the evidence already presented to make its case. Stay tuned for further updates as this high-profile trial unfolds.