Emefiele's Trial: Application To Recall Witness Granted

Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, has granted the prayer of the defence to recall the 1st prosecution witness in the alleged abuse of office charge made against the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

During the resumption of Emefiele's trial, the counsel for the former CBN governor's co-defendant, Mr Kazeem Gbadamosi (SAN) hinted to the court of a motion on notice dated May 6 and sought the indulgence of the court to recall one Mr Monday Osazuwa.

It would be recalled that Osazuwa had on April 12 testified as to how the embattled former CBN governor, on different occasions, directed him to collect $3,000,000 (Three Million Dollars) cash in tranches.

The Justice Oshodi-led court granted Gbadamosi's application to recall the witness, following no objections from Rotimi Oyedepo (SAN), the counsel for the Economic and Financial Crimes Commission (EFCC).

According to the judge, “In the motion on notice dated May 6 and filed on May 7, the second defence counsel seeks an order to recall the first prosecution witness (PW1).

"The second defence counsel seeks to further cross-examine PWI on matters listed in paragraph 4D of the affidavit in support of the application.

"The recall was also premised on nine grounds and the six-paragraph affidavits were filed in support of the application and equally is a written address filed on May 7.

“The prosecution did not file a rebuttal, and I hereby grant the application.”

Shortly after the ruling of Justice Oshodi, Oyedepo (SAN), the counsel for the anti-graft agency, prayed to the court for leave to further examine the 4th prosecution witness, a contractor, Mr Victor Onyejiuwa, the Managing Director (MD), The Source Computers Limited, who had started his Evidence-In-Chief on May 9 and the leave was granted by the court.

In continuation of his Examination-In-Chief, the witness told the court that there was an error in his extra-judicial statement regarding the location where the $600,000 was given to the second prosecution witness, a former Director of Information Technology of CBN, Mr John Ayoh. 

According to the witness, the sum of $400,000 was given to Ayoh in Lagos while $200,000 was given to him in Abuja.

Under cross-examination by Emefiele's counsel, Mr Olalekan Ojo (SAN), the witness told the court that he wrote the statement in the presence of his lawyer, Mr Olukayode Enitan (SAN) but he was aware of the error later.

He confirmed to the court that there were only two errors in his statement and that he was released to his lawyer after he wrote the extra-judicial statement.

In his words: "Apart from the two errors, there are no other errors in my statement, but there are omissions because I wrote 2014 to 2018 instead of 2014 to 2020.

"As a businessman with over 20 years of experience, I know I have a civic duty not to give bribes to anybody and I know that I have duties to report anyone who offers a bribe, but I did not report because I was under serious pressure from my partners to pay them.

"I was paid the money in December 2018 and upon receiving the payment, my partners stopped putting pressure on me.

“Although between 2018 and 2024 when the pressure had gone, I did not report the issue of bribe to EFCC and my primary reason for being here is not for the recovery of my money.”

The witness further informed the court that his partners were not stakeholders in his company but were Original Equipment Manufacturers (OEM).

He also confirmed he did not write in his extra-judicial statement that his partners pressurised him, but he said it in his Evidence-In-Chief.

Justice Oshodi adjourned until July 9 and 10, 2024 for the trial to continue.

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