A High Court of the Federal Capital Territory, FCT, sitting in Maitama on Thursday, dismissed three subpoenaed witnesses brought by the Economic and Financial Crimes Commission, EFCC, against Mr. Godwin Emefiele, former Governor of the Central Bank of Nigeria.
The court, in a ruling by Justice Hamza Muazu, ruled that the witnesses’ names were on a list of further proof of evidence that the anti-graft agency intended to submit in the case, which was dismissed on March 20.
It decided that because the prosecution had already appealed the ruling, it should await the Court of Appeal’s determination on the admissibility of the prospective witnesses to testify in the case.
“The ruling of March 20 is now the subject of an appeal. This court cannot change its own decision by allowing these subpoenaed witnesses to testify. The prosecution must wait for the decision of the Court of Appeal,” Justice Muazu held.
As a result, he adjourned the case to January 29, 2026, to continue the hearing.
Emefiele, who served as governor of the top bank from 2014 to 2023, is facing a 20-count prosecution for his participation in procurement fraud totaling N1.2 billion.
The anti-graft agency stated in the revised charge before the court, FCT/HC/CR/577/2023, that he improperly awarded contracts for the procurement of 43 vehicles worth N1.2 billion between 2018 and 2020.
He was also accused of granting a fraudulent advantage to Mrs. Sa’adatu Ramallan Yaro, a CBN employee, by awarding a contract to her private firm, April 1616 Investment Ltd., for the procurement of 37 Toyota Hilux vehicles for N854 million.
On October 22, the defendant, who had previously pleaded his innocence to the accusation, resisted the EFCC’s attempt to bring the 11th prosecution witness, PW-11, named Alvan Grumman, through his team of lawyers led by Mr. Mathew Burkaa, SAN.
The witness’s name appeared on a list of further proof of evidence dated October 15, 2024, which the court had already rejected.
He stated that because the witness was on the list that the court rejected in its March 20, 2025, order, the EFCC’s attempt to reintroduce the same witness through the back door was procedurally incorrect.
Burkaa, SAN, added that the EFCC had already requested permission to appeal the trial court’s ruling.
While urging the court to uphold its previous decision, Emefiele’s counsel accused the anti-graft agency of blatant misuse of the judicial process.
The defense lawyer made the same argument about two other suggested witnesses.
Mr. Rotimi Oyedepo, SAN, the EFCC’s lawyer, argued that the defendant did not contest Grumman’s participation as a witness, although originally raising an objection to question the extra proof of evidence that was rejected by the court.
According to him, the defendant was particularly adverse to the testimony of the other two witnesses, Tommy Odama and Ifeanyi Omeke.
The prosecution counsel further stated that the planned 11th witness, Grumman, was part of the team that probed the defendant.
He requested the court to allow him to appear before it and explain everything he knew about the case.
Oyedepo, SAN, informed the court that the prosecution had submitted two separate petitions for the subpoena of witnesses, whose testimony he claimed would help the judge make a proper decision in the matter.
However, Emefiele’s attorney claimed that the parties were bound by the trial court’s existing verdict.
The court had previously dismissed the EFCC’s application on the grounds that it wanted to add new evidence in the case more than a year after the charge was filed.
While upholding an objection raised by the embattled former CBN chairman in opposition to the application, the court ruled that on February 12, 2024, the EFCC filed fresh proof of evidence against the defendant.
Justice Muazu determined that the aforementioned supplementary evidence accommodated the testimony of a former Secretary to the Government of the Federation, Mr. Boss Mustapha, as well as that of Bamayi Haruna Mairiga.
He emphasized that the EFCC’s actions appeared to be an attempt to deny the defendant a fair hearing after he entered a plea on November 16, 2023, because he was not confronted with new evidence during the inquiry, as required by law.
The court also concluded that the prosecution agency’s actions amounted to trial by ambush and a clear example of fishing for evidence in the trial, which began on November 28, 2023.
The trial judge believed that allowing more proof of evidence after the charge had been modified numerous times would be unfair to the prisoner since his right to a fair hearing would be jeopardized.
He ruled that the law made it clear that an inquiry must be finished and a prima facie case established before a charge is filed against a defendant.
Nonetheless, the court denied Emefiele’s request that the case against him be dismissed because it was based on an incomplete or ongoing investigation and hence speculative.
It ruled that the case could not be dismissed because the defendant and the prosecution had already filed opposing arguments and the trial was nearly over.
Justice Muazu concluded that, having gone thus far, justice would be served if the trial was finished on its merits and a final decision rendered in the case.
He also refused to expunge the evidence of the former SGF, Mustapha, and Bamayi Haruna Mairiga from the court’s records, as requested by Emefiele, who claimed that the two witnesses’ testimony violated the principles of fair hearing enshrined in Section 36 (2) of the 1999 Constitution, as amended.
