Judge dismisses recusal request in Emefiele’s trial

LAGOS — JUSTICE Rahman Oshodi of the Lagos State Special Offences Court in Ikeja, yesterday, dismissed a request for his recusal from the ongoing trial of the former Governor of the Central Bank of Nigeria, CBN, Mr Godwin Emefiele.
Emefiele is standing trial along with Henry Omoile over an allegation of fraud brought against him by the Economic and Financial Crimes Commission, EFCC.
During the proceedings on Monday, February 24, 2025, the seventh prosecution witness, Mr John Adetola, testified that he received $400,000 from John Ayoh and delivered it to Emefiele in his office.
The prosecution also sought to verify WhatsApp messages allegedly printed from Omoile’s phone.
However, the defence objected, arguing that the document had only been admitted for identification and should not be considered as evidence.
Despite the defence opposition, Justice Oshodi permitted the witness to read from the document.
Subsequently, the defence, led by Olalekan Ojo, SAN, applied for the judge to recuse himself, arguing that his previous rulings suggested a likelihood of bias.
Ojo said: “A judge can be either consciously or unconsciously biased. At this stage, I urge the court to recuse itself.”
Omoile’s lawyer, Gbadamosi Kazeem, supported Ojo’s submission.
However, the EFCC’s counsel, Rotimi Oyedepo, SAN, opposed the application, insisting that the proceedings had been conducted fairly and equitably.
Justice Oshodi adjourned the matter until Wednesday, February 26, 2025, to rule on whether he would withdraw from the case.
Delivering his ruling on Wednesday, the judge held that the allegations of bias were unsubstantiated and that there was no evidence to justify his withdrawal.
After reviewing the arguments and legal authorities cited, he ruled that the application lacked merit and dismissed it.
“The claims of bias have not been substantiated by either of the defendants. Accordingly, the first and second defendants’ recusal application is refused,” Justice Oshodi ruled.