A team of defence, on Monday, urged an Ikeja Special Offences Court, to recuse itself from the trial of embattled former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Defence counsel, Mr. Olalekan Ojo (SAN), urged Justice Rahman Oshodi, to excuse himself from the case, on allegations of bias.
The News Agency of Nigeria (NAN) reports that Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demands.
Also charged is one Henry Omoile, who is facing a three-count charge bordering on unlawful acceptance of gifts by agents
The charges are preferred against them by the Economic and Financial Crimes Commission (EFCC).
When the trial resumed on Monday, Mr. Rotimi Oyedepo (SAN) appeared for the EFCC.
Mr. Olalekan Ojo (SAN) appeared for the first defendant, while Mr Kazeem Gbadamosi (SAN) appeared for the second defendant.
Oyedepo, then concluded the evidence-in-chief of his seventh witness, Mr Adetola John.
In continuation of his evidence, the witness had referred to a document that was not tendered as an exhibit before the court.
He had told the court that he did not receive any complaints about the 400,000 dollars he delivered, as instructed during business hours of the day.
When the prosecution asked the witness to confirm a WhatsApp message said to have been printed from his phone, the defence objected.
Ojo argued that the document was solely meant for identification, as it was not an exhibit before the court.
Defence counsel argued that the witness could not read or “speak to” the document.
“The document is a bundle containing WhatsApp messages of one Eric, said to be the personal assistant to the first defendant”.
The court, however, overruled the defence and allowed the witness to read from the document marked for identification.
The defence expressed dissatisfaction with this court’s decision.
Consequently, at the end of the seventh witness’ evidence, the defence elected not to cross-examine him.
Defence counsel, unanimously, refused to cross-examine the witness and rather, orally applied to the court to recuse itself from the case.
They alleged that the court was biased.
In response, the prosecutor opposed the application by the defence.
Oyedepo argued that the court had on numerous times, ruled against the prosecution.
He added that if the defence was dissatisfied with the ruling of the court, they could file an appeal, adding that the defence was delaying the case.
NAN reports that the court has adjourned until February 26, for ruling.
Meanwhile, Ojo had earlier informed the court of an application seeking leave to allow Emefiele to appeal the ruling delivered on January 8 challenging the jurisdiction of the court to hear his case.
The court had also adjourned until February 26 for a hearing of that application.
