FEATURED
Court Rejects Emefiele’s Objection, Admits Supreme Court Judgment
An Ikeja Special Offences Court on Friday admitted a certified copy of a Supreme Court judgment relating to forfeited properties linked to former Central Bank of Nigeria Governor, Godwin Emefiele, as evidence in his ongoing corruption trial.
Justice Rahman Oshodi admitted the document as Exhibit L after dismissing objections raised by the defence counsel.
Emefiele is standing trial on a 19-count charge bordering on alleged gratification, corrupt demands and abuse of office involving $4.5bn and N2.8bn.
His co-defendant, Henry Omoile, is facing a separate three-count charge bordering on the alleged unlawful acceptance of gifts.
Ruling on the admissibility of the document, Justice Oshodi held that the certified true copy of the Supreme Court judgment qualified as a public document under the law.
The judge also dismissed the argument that the document was incomplete because only the lead judgment was tendered, insisting that this did not affect its admissibility.
However, Oshodi clarified that the judgment could only be used to establish what the Supreme Court had previously decided in the forfeiture proceedings and could not serve as evidence against or in favour of any party in the ongoing criminal trial.
He said, “It has been well settled that court judgments are only used when tendered in a trial to determine and confirm what was actually decided in the case.
“They are not used as evidence given in them for or against any of the parties therein.”
The Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), had tendered the judgment through an Economic and Financial Crimes Commission investigator, Alvan Gurumnaan.
But Emefiele’s lead counsel, Ojo Olalekan (SAN), opposed its admission, arguing that the judgment was signed by only four justices, whereas Supreme Court decisions were ordinarily delivered by panels of five or seven justices.
He also contended that the judgment emanated from non-conviction-based forfeiture proceedings and was irrelevant to the prosecution’s case.
Counsel to Omoile, Adeyinka Kotoye (SAN), supported the objection, urging the court to reject the document.
Kotoye argued that admitting the judgment could undermine the principle of estoppel and the defendants’ constitutional presumption of innocence. He also questioned why the prosecution introduced the document after the trial had commenced.
In his response, Oyedepo maintained that the judgment was a duly certified decision of the Supreme Court and was admissible under Sections 102 and 104 of the Evidence Act.
Following the court’s ruling, the EFCC investigator, Gurumnaan, continued his cross-examination by Emefiele’s counsel.
The witness told the court that he personally obtained statements, analysed bank statements and coordinated other investigators during the probe.
He also confirmed that he interviewed the Managing Director of Zenith Bank, Dr Ebenezer Onyeagwu, although he could not immediately remember whether a statement was obtained from him.
Gurumnaan further disclosed that the investigation involved hundreds of interviews with officials of the CBN, commercial banks and other government agencies.
Justice Oshodi subsequently adjourned the case until December 17 for continuation of cross-examination.
