Lagos, Nigeria – Former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has called for the withdrawal of Justice Rahman Oshodi from his ongoing trial at the Lagos State Special Offences Court in Ikeja, citing concerns over alleged judicial bias.
Emefiele, who is facing charges related to a massive $4.5 billion and N2.8 billion fraud case, made the demand through his legal counsel, Olalekan Ojo (SAN). The request was officially presented during Monday’s hearing, where Ojo argued that Justice Oshodi’s handling of the case exhibited bias, warranting his recusal from further proceedings.
Court Proceedings and Allegations
The embattled former CBN governor is currently standing trial on 19 counts, including abuse of office, corrupt practices, and illegal gratification, all brought against him by the Economic and Financial Crimes Commission (EFCC). Initially, the EFCC had filed 22 charges against Emefiele and his co-defendant, Henry Omoile. However, on January 8, 2025, four of these charges were dismissed by the court, leaving the remaining allegations intact.
During Monday’s session, the prosecution presented its seventh witness, Mr. John Adetola, who testified that he had collected $400,000 from one Mr. John Ayoh and subsequently delivered it to Emefiele in his office. The prosecution also attempted to introduce WhatsApp messages, allegedly extracted from Omoile’s mobile device, as evidence to support their case.
The defense team immediately objected to the use of these WhatsApp messages, arguing that the document containing the messages had only been admitted for identification and was not yet formally accepted as evidence. Despite these objections, Justice Oshodi permitted the witness to read from the document, a decision that prompted Ojo to escalate his concerns regarding perceived bias in the trial.
Emefiele’s Demand for Recusal
Ojo contended that Justice Oshodi’s ruling on the WhatsApp messages demonstrated partiality, stating, “A judge can be either consciously or unconsciously biased… At this stage, I urge the court to recuse itself.” Supporting this argument, Omoile’s defense counsel, Gbadamosi Kazeem (SAN), also called for the judge’s withdrawal from the case.
EFCC’s Response and Adjournment
Countering the defense’s claims, EFCC lead counsel Rotimi Oyedepo (SAN) dismissed the motion for recusal as a deliberate ploy to delay proceedings. He asserted that the trial had been conducted fairly and that the defense had failed to provide substantive proof of bias. “This proceeding has been conducted fairly and equitably. My Lordship has ruled against us many times. If the defense is dissatisfied, they know the appropriate legal channels to challenge the rulings,” Oyedepo argued.
Furthermore, Oyedepo maintained that such a request for recusal should be submitted in a formal application rather than through oral arguments. “The application is intended to delay the matter; that is the only reasonable conclusion,” he added.
Before the court adjourned, Emefiele’s legal team also sought leave to appeal an earlier ruling on the court’s jurisdiction over the case. Justice Oshodi subsequently scheduled February 26, 2025, for a ruling on the recusal request and other pending applications.
Implications and Next Steps
Emefiele’s case remains a high-profile legal battle, drawing nationwide attention due to its scale and the involvement of Nigeria’s former top financial regulator. Should the judge refuse to step down, the defense may seek further legal measures to challenge his continued involvement. Conversely, if the judge withdraws, the case could face significant delays as a new judge is assigned to oversee the trial.
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