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Justice Rahman Oshodi of the Lagos State Special Offences Court in Ikeja has dismissed a request for his recusal from the ongoing trial of the former Governor of the Central Bank of Nigeria, Godwin Emefiele.
The defence, led by Olalekan Ojo, had on Monday orally applied for the judge to recuse himself, arguing that his previous rulings suggested a likelihood of bias.
During Monday’s proceedings, the seventh prosecution witness, John Adetola, testified that he received $400,000 from John Ayoh and delivered it to Emefiele in his office.
The prosecution also attempted to verify WhatsApp messages allegedly printed from the phone of Omoile, an associate of Emefiele.
However, the defence objected, arguing that the document had only been admitted for identification and should not be considered as evidence.
Despite the objection, Justice Oshodi permitted the witness to read from the document and adjourned the matter till Wednesday to rule on whether he would withdraw from the case.
Afterwards, Ojo demanded the judge’s withdrawal, stating, “A judge can be either consciously or unconsciously biased… At this stage, I urge the court to recuse itself.”
Meanwhile, Omoile’s lawyer, Gbadamosi Kazeem, aligned with Ojo’s submission.
However, the counsel for the Economic and Financial Crimes Commission, Rotimi Oyedepo, opposed the application, insisting that the proceedings had been conducted fairly and equitably.
Subsequently, the judge adjourned the matter till February 26, 2025, to rule on whether he would withdraw from the case.
Delivering his ruling on Wednesday, Justice Oshodi held that the allegations of bias raised by the defence were unsubstantiated, stating that there was no evidence to justify his withdrawal from the case.
After reviewing the arguments and legal authorities cited, Justice Oshodi ruled that the application lacked merit and dismissed it.
“The claims of bias have not been substantiated by either of the defendants.
“Accordingly, the first and second defendants’ recusal application is refused,” Justice Oshodi ruled.
Emefiele is facing 19 charges related to abuse of office, receiving gratification, and corrupt demands, filed by the Economic and Financial Crimes Commission.
Initially, the EFCC filed 22 charges against Emefiele and his co-defendant, Henry Omoile.
However, on January 8, 2025, the court dismissed four counts related to abuse of office while retaining jurisdiction over the remaining charges.
