The additional proof of evidence sought to introduce two new prosecution witnesses with fresh documents relevant to their anticipated testimonies in court.
The 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) to bolster its corruption case against former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
The additional proof of evidence sought to introduce two new prosecution witnesses with fresh documents relevant to their anticipated testimonies in court.
The extra-judicial statements of the two proposed prosecution witnesses - Tommy Odama John and Ifeanyi Omeke - meant to be part of the additional proof of evidence, were made in August 2024.
The request, filed by EFCC on 15 October 2024, came about one and a half years after the charges were filed in court. As of early February this year, the prosecution already called 10 witnesses.
Delivering ruling on Thursday on a motion on notice filed by Mr Emefiele to object to the request of the EFCC, judge Hamza Muazu held that the anti-graft agency had on 12 February 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, Boss Mustapha, and one Bamayi Haruna Mairiga.
He also noted that the charges against Mr Emefiele were filed on 14 August 2023 and his plea taken on 16 November 2023.
He said that the action of the EFCC appeared like a push for a denial of fair trial because the former governor of CBN was not confronted with the new evidence during investigation as required by law.
Mr Muazu added the action of the prosecution is akin to "trial by ambush and a clear case of fishing for evidence in the trial" that commenced since 28 November 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.
Mr Muazu held that the position of the law is that a charge is filed upon the completion of investigation.
However, the judge declined to strike out the charge for being a product of incomplete or ongoing investigation and therefore speculative as claimed by Mr Emefiele.
Mr Muazu further noted that the charge cannot be struck out because both the defendant and the prosecution had joined issues with each other and the trial almost completed.
He noted 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 former SGF Boss Mustapha and Bamayi Mairiga from the court records as requested by Mr Emefiele, who argued that the evidence of the two witnesses offended Section 36 (2) of the Nigerian constitution on fair hearing.
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Mr Emefiele had in the motion argued by his lead counsel, Mathew Burkaa a Senior Advocate if Nigeria complained that the evidence of Mr Mustapha and Mr Mairiga were brought to court by EFCC without confronting him with their extra judicial statements made long after the trial had commenced.
Mr Muazu fixed 3 June for continuation of trial.
Charges
Mr Emefiele is facing amended six counts filed by the EFCC, which includes allegations of criminal breach of trust, forgery, conspiracy to obtain money by false pretences, and corruption during his tenure as CBN governor.
The prosecution accused the former CBN governor of conferring corrupt advantages on two companies--April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
A count in the indictment accuses Mr Emefiele of using his position as CBN governor to confer a corrupt advantage on Sa'adatu Ramallan-Yaro, a staff member of CBN, by awarding to her company, April 1616 Investment Limited, a contract for the supply of 37 Toyota Hilux vehicles at the cost of N854.7 million.
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The alleged corrupt transactions took place between 2018 and 2020, according to the charges.
EFCC initially arraigned Mrs Ramalan-Yaro alongside Mr Emefiele as a co-defendant. However, an amendment to the case last year discharged her from trial, while the number of charges against Mr Emefiele was reduced from 20 to six.
Among the remaining charges, one alleges that Mr Emefiele forged a document titled "Re: Presidential Directive on Foreign Election Observer Missions," dated 26 January 2023, with reference number SGF.43/L.01/201. The document was purportedly misrepresented as originating from the Office of the Secretary to the Government of the Federation (SGF).
Mr Emefiele, who was removed as the CBN governor in 2023, is also facing corruption charges before another judge of the FCT High Court in Abuja and a High Court in Lagos.
