Justice Rahman Oshodi of a Special Offences Court, Lagos, has dismissed an application filed by the embattled former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, asking the judge to recuse self from the suit.
The judge while ruling on the oral application for recusal held that the defendants’ counsel did not substantiate the allegation of bias leveled against him.
The judge cited various sections of decided supreme court cases on the allegation of bias and held that there is no iota of evidence of bias. He said that the oral application lacks merit and there are no evidence to justify his withdrawal from the case.
He said, “I have carefully considered the submissions of counsel and the guiding principles on judicial bias and recusal. In Kayode Babarinde & ors v State 2013 LPELR 21896 SC, pages 12 to 13 paragraphs B to E.
“Judicial bias is literary insufficient to justify disqualifying a judge from presiding over a case. To justify his disqualification or recusal, the judges bias literary must be personal or base on extrajudicial reason.
“From all I examine above, there is no iota of evidence from which bias or likelihood of it can be found even be felt in the circumstances of this case. The allegation of bias has not been substantiated. Accordingly, the first and second defendants’ recusal application is refused. This is the ruling of the court.”
Mr Olalekan Ojo (SAN) and Kazeem Gbadamosi (SAN ), the first and second defendants respectively had on February 24, 2025, asked the judge to recuse himself from continuing presiding over the ongoing trial of former embattled CBN Governor Emefiele and Henry Omoile.
Their oral application for recusal was followed by an argument that the judge’s previous rulings suggested a likelihood of bias.
The Economic and Financial Crimes Commission (EFCC) counsel, Mr Rotimi Oyedepo (SAN), however, opposed the application for unmeritorious and there were no affidavits of facts.
He noted that it was a delay tactic from the defendants and that the court had earlier granted the accelerated hearing of the case.
Oyedepo submitted that the proceedings had been conducted fairly and equitably.
Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demands while
Omoile, is standing trial on a three-count charge bordering on unlawful acceptance of gifts by agents.
However, the court granted Emefiele’s application seeking the leave of the court to appeal the ruling delivered on January 8, challenging the jurisdiction of the court to hear his case.
Justice Oshodi subsequently adjourned the case to May 26,2025 for continuation of trial.
