.Defence lawyer insists Emefiele yet to study EFCC document, says justice rushed is justice crushed
Funke Olaode
The Ikeja Special Offences Court yesterday adjourned the trial of former Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, to May 9, 2024, for defence to study the additional proof of evidence served on them by the prosecution, the Economic and Financial Crimes Commission (EFFC).
The trial judge, Justice Rahman Oshodi in his short ruling, said he had considered the submissions of both parties and was satisfied with the reasons given by defence counsel for adjournment.
At the resumed hearing, the EFCC Counsel led by Mr. Rotimi Oyedepo (SAN) had informed the court that the second prosecution witness was in court for the continuation of cross-examination and that he had served defence the statement of one Mr. John Adetola, as an additional proof of evidence.
Mr. Olalekan Ojo (SAN), counsel to the ex CBN governor informed the court that the prosecution had just filed and signed additional proof of evidence and he needed enough time to go through it.
Ojo, who argued that Emefiele had not seen the EFCC document, said that justice rushed was justice crushed.
According to him, “I am constrained at this point to ask your Lordship to do justice, the proof must be served early enough.
“Defence may find anything useful in the additional proof of evidence to cross-examine the witness in the box.
“I humbly urge the court to adjourn this matter so that I can thoroughly go through it and study it.”
The second defence counsel, Mr. Adeyinka Kotoye (SAN) also aligned himself with the submission of the first defence counsel.
Kotoye argued that it was only in this part of the world that prosecution would be conducting investigation while the case was already ongoing in court.
He therefore urged the court to adjourn the case in the interest of justice, and give the defence team adequate opportunity to study the additional proof of evidence.
“I urge your Lordship not to entertain this trial by ambush and put a stop to it.
“I also apply your Lordship mandate to the prosecution to supply us all relevant materials.
“Therefore, in the spirit of fairness, I urge your Lordship to adjourn the case,”Kotoye said.
Responding, Oyedepo opposed their submissions for adjournment.
He prayed the court for the continuation of the cross-examination of the second prosecution witness.
He said it Is unfair for a Senior Advocate of Nigeria whom he owed in high esteem to describe his team and its activities as prosecutorial unfairness.
According to him, Adeola was a 5th prosecution witness in the proof of evidence,
Oyedepo said Adetola’s statement was contained in volume two of what was served on defence on April 4.
He said, “In preparation for his testimony that will be coming up not today (yesterday), not even on May 9, the prosecution, rather than wait for defence to formally place a demand on us on what is in the device, diligence prosecution made me make the device available to defence.
“My Lord, how does that amount to prosecutorial unfairness?
“I plead with defence not to delay this case unnecessarily as we have a witness in the box who had given evidence and he is being cross-examined by the first defence counsel.”
Justice Oshodi in his ruling, said “I have considered the conflicting submissions regarding whether I should adjourn for further continuation of trial.
“I am satisfied with the reasons given by defence.
” For the adjournment sought, I grant it.
“I adjourn until May 9 for continuation of trial.”
Source: