A High Court in the Federal Capital Territory (FCT), Maitama, has dismissed an application by the Economic and Financial Crimes Commission (EFCC) seeking to submit additional proof of evidence in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
Delivering the ruling on Thursday, Justice Hamza Muazu held that the anti-graft agency sought to introduce fresh evidence more than a year after the charges were filed.
The EFCC had filed the application on October 15, 2024, requesting permission to present two additional witnesses, identified as Tommy Odama John and Ifeanyi Omeke.
According to court records, these witnesses made extra-judicial statements in August 2024, despite the case being filed on August 14, 2023.
Emefiele opposed the request, arguing that the prosecution had already submitted additional proof of evidence on February 12, 2024.
This earlier submission had included testimonies from former Secretary to the Government of the Federation, Boss Mustapha, and one Bamayi Mairiga.
Justice Muazu ruled that the EFCC’s attempt to introduce more evidence at this stage could undermine Emefiele’s right to a fair trial, as he had not been confronted with the new material during the investigation.
The court also criticized the agency for engaging in what appeared to be “trial by ambush” and collecting evidence long after the trial had begun on November 28, 2023.
The judge noted that allowing the additional evidence after multiple amendments to the charges would be unfair to the defendant.
He emphasized that criminal investigations must be completed before charges are filed, as stipulated by law.
However, the court rejected Emefiele’s request to dismiss the charges entirely, ruling that the trial had already progressed significantly and should be concluded on its merits.
The judge also refused to remove the testimonies of Mustapha and Mairiga from the court’s records, despite Emefiele’s claim that their evidence violated his right to a fair hearing.
The case was adjourned until June 3 for further proceedings.
Emefiele is facing charges related to alleged procurement fraud amounting to N1.2 billion.
The EFCC claims he unlawfully awarded contracts for 43 vehicles between 2018 and 2020 and granted an undue advantage to Sa’adatu Ramallan Yaro by awarding her a contract to procure 37 Toyota Hilux vehicles worth N854 million.