The Economic and Financial Crimes Commission has submitted additional proof of evidence against the former governor of the Central Bank of Nigeria, Godwin Emefiele.
During the court hearing on Friday, Emefiele’s counsel, Olalekan Ojo requested an adjournment to review the new evidence before continuing the cross-examination of John Ikechukwu Ayoh, the second prosecution witness.
Ojo accused the EFCC counsel, Rotimi Oyedepo, of engaging in “trial by ambush” and not being diligent in their prosecution.
He told the court that he just received the additional proof of evidence from the EFCC.
He said the new proof of evidence was filed on Thursday, saying he needed to study the additional proof of evidence to cross-examine the prosecution witness.
He told the court, “My lord, there is a need to adjourn this case. We were just served these huge documents by the EFCC in court.
“The prosecution keeps dumping documents on us at every sitting. This is trial by ambush.”
Sharing the same sentiment, the counsel to the second defendant, Adeyinka Kotoye, also said he was served the additional proof of evidence five minutes after arriving in court.
In his defence, Oyedepo argued that they provided documents from a former aide to Emefiele in preparation for his testimony, saying it did not affect the ongoing cross-examination.
He added that it was unfair to describe the service of processes by the prosecution as “ambush by trial”.
Oyedepo emphasised that the additional evidence submitted were documents obtained from the phone of a former aide to Emefiele, John Adetona, who is set to testify as a witness.
He also clarified that these documents were provided in advance for Adetona’s future testimony and that he was not scheduled to appear in court on the present or upcoming hearing on May 9.
“The witness (Adetona) whose device the documents were printed from has not given evidence before the court,” Oyedepo said.
“In preparation for his testimony which is not coming up today or May 9, the prosecution rather waiting for the defence to formally demand the hard copies the prosecution team printed the documents out.
“How does that amount to prosecutorial unfairness?”
Oyedepo, however, requested that the court instruct the defence counsels to conclude their cross-examination of the second prosecution witness.
He clarified that the introduction of new documents does not hinder or impact the ongoing cross-examination of this witness.
However, Emefiele’s lawyer disagreed, stating that he needed time to review the new documents as they may contain valuable information for use during cross-examination.
In his ruling, the presiding judge, Rahman Oshodi, agreed with the defendant’s counsel.
Oshodi then adjourned the matter to May 9.
Emefiele and his co-defendant, Henry Omoile, are currently being tried in a Lagos high court on a 26-count charge.
Both the former CBN governor and Omoile pleaded not guilty to all the charges against them.