The Special Offences Court in Lagos has refused to stop hearing the corruption allegations made against the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Justice Rahman Oshodi in his ruling on Wednesday, February 26, dismissed the request for him to recuse himself from the trial, stating that the defendant’s allegations of bias against him were unsubstantiated.
Justice Oshodi referenced a 2013 decision of the sitting Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun to the effect that “Judicial bias is usually insufficient to justify disqualifying a judge from presiding over a case.
To justify disqualification or recusal, the judge’s bias usually must be personal or based on some extrajudicial reason.”
Justice Oshodi went on to cite other judicial precedents of the Supreme Court and subsequently held that the application for his recusal lacked merit.
He said, “Applying the forgoing principles to the circumstances of this case, the allegation of bias has not been substantiated…. Accordingly, the first and second defendants’ recusal application is refused. This is the ruling of the court.”
At the last sitting of the court on Monday, Emefiele through his lead counsel, Olalekan Ojo (SAN), and the counsel to his co-defendant, Kazeem Gbadamosi (SAN) had made oral applications urging the court to recuse itself from the proceedings on the ground of bias.
The lawyers argued that by ruling to allow the prosecution counsel to ask a leading question from his witness, a question the defence had previously objected to, the judge made it impossible for the defence to fairly cross-examine the witness.
The counsel for the prosecution, Rotimi Oyedepo (SAN), had opposed the applications, stating that they were unmeritorious.
Justice Oshodi also granted Emefiele’s request for permission to appeal the court’s decision made on January 8, which challenged the court’s jurisdiction to hear his case.
The judge adjourned till May 26 for the continuation of the trial.
