The Court of Appeal in Lagos has reserved judgment in an appeal by former Central Bank of Nigeria Governor, Godwin Emefiele, challenging a trial judge’s refusal to recuse himself from his criminal trial over an alleged 400,000-dollar transaction.
A three-member panel led by Justice Biobele Georgewill reserved judgment on Tuesday after hearing arguments from Emefiele’s counsel and the Economic and Financial Crimes Commission (EFCC).
Emefiele is seeking to overturn the February 26, 2025, decision of Justice Rahman Oshodi of the Lagos State Special Offences Court, who dismissed his application alleging bias and requesting that the judge withdraw from the trial.
Through his lawyers, Olalekan Ojo and Olawale Fapohunda, both Senior Advocates of Nigeria, Emefiele argued that the judge’s decision to allow a leading question during the testimony of a prosecution witness created the impression that the court had prejudged the allegation that he received 400,000 dollars.
The disputed question arose during the examination of the prosecution’s seventh witness, who allegedly testified that one John Ayoh handed the money to Emefiele.
The trial judge permitted the prosecution to ask whether the money referred to was the same amount allegedly given to the defendant in his office, relying on Section 221(3) of the Evidence Act, 2011.
Emefiele’s counsel argued that the allegation remained contested and that the witness had not been cross-examined when the ruling was delivered. They maintained that the decision raised concerns about the former CBN governor’s constitutional right to a fair hearing before an impartial court.
However, the EFCC, through its counsel, C.C. Okezie, urged the appellate court to dismiss the appeal, describing it as an abuse of court process and asking the panel to uphold the trial judge’s decision.
The Court of Appeal said the date for delivering judgment would be communicated to the parties.
