An Abuja high court on Thursday rejected the additional proof of evidence brought by the Economic and Financial Crimes Commission (EFCC) against former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Emefiele is charged with alleged procurement fraud by the EFCC.

The additional proof of evidence filed on Oct.

15, 2024 by the EFCC, sought to introduce fresh evidence against Emefiele, more than 365 days when the charges against him was filed.

It also sought to bring two witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra judicial statements were made in August 2024, in respect of the charge that had been filed in August 2023.

Delivering ruling in a motion on notice filed by Emefiele, Justice Hamza Muazu rejected the additional proof of evidence.

He held that the anti-graft agency had on Feb. 12, 2024, first filed additional proof of evidence to accommodate the evidence of a former Secretary to the Government of the Federation, Mr Boss Mustapha and one Bamayi Haruna Mairiga.

The judge noted that the charge against Emefiele was filed Aug. 14, 2023 and his plea taking on Nov. 16, 2023.

He held that the action of the EFCC had a resemblance of denial of fair trial because Emefiele was not confronted with the new evidence during investigation as required by law.

The judge held that the action of EFCC amounted to trial by ambush and a clear case of fishing for evidence in the trial that commenced since November 28, 2023.

He agreed that allowing the additional proof of evidence after the charge had been amended severally was prejudicial to the defendant, as his right to fair hearing is being breached.

Justice Muaza held that the position of the law, is that the charge was filed upon the completion of investigation.

He added and prima facie case established against any defendant in a criminal matter, adding that in the instant case, the contrary is the case.

The judge however, declined to strike out the charge for being a product of incomplete or ongoing investigation and therefore speculative as claimed by Emefiele.

Justice Muaza held that the charge cannot be struck down because both the defendant and the prosecution had joined issues with each other and trial almost completed.

The judge held that having gone so far, justice would be served if the trial is completed on its merit and final judgment delivered in the matter.

He also declined to expunge the evidence of Boss Mustapha and Bamayi Haruna Mairiga from the court records as requested by Emefiele that the evidence of the two witnesses offended Section 36 (2) of the 1999 Constitution on fair hearing.

Emefiele had in the motion argued by his lead counsel, Mathew Burkaa, SAN complained that the evidence of Mustapha and Mairiga were brought to court by EFCC without confronting him with their extra judicial statements made long after the trial had commenced.

Meanwhile, Justice Muaza adjourned until June 3, for continuation of trial

The EFCC charged Emefiele with 20 counts amended charge of criminal breach of trust, forgery, conspiracy obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

The EFCC alleged that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

He is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in suit marked: FCT/HC/CR/577/2023. (NAN)

A High Court in Uyo on Thursday granted bail to Prof. Ignatius Uduk, who was recently sentenced to three years jail term for electoral offences.

The presiding judge, Justice Okon Okon admitted Uduk to bail following an application for bail on Thursday, by his counsel, Chief Kalu Umeh.

Umeh prayed the court to grant Uduk bail to enable him to take care of his ailing health, pending the determination of the appeal against his conviction.

Counsel to the Independent National Electoral Commission, Mr Daniel Nwike, opposed the bail application, and urged the court not to admit Uduk to bail.

It would be recalled that an Uyo High Court presided by Justice Bassey Nkanang, on February 5, sentenced Uduk to three years jail term.

The court found him guilty of electoral offences committed during the 2019 election in Essien Udin Constituency, Akwa Ibom.

Uduk, a professor of Human Kinetics at University of Uyo, who was preparing his appeal against the judgement, had also approached a High Court to grant him bail on health grounds.

Ruling on the bail application, Okon admitted Uduk to bail in the sum of N2 million, with two sureties.

The Judge added that the applicant must not travel out of the country within the period, and should deposit his international passport with the court.

Speaking on behalf of Uduk’s legal team, Ita Enag, thanked the court for admitting their client to bail while the appeal against his conviction remained on course.

“We shall expedite action to meet the bail conditions so that the applicant will be released to get medical attention, pending the appeal,” he said.(NAN)

Justice Dairus Khobo of the Kaduna High Court, on Tuesday, sentenced one Nathan Edward, 40, to two years imprisonment for N15 million fraud.

The judge sentenced the convict after he pleaded guilty to the charge of conspiracy and fraud.

Delivering his judgment, Justice Khobo held that the prosecution successfully proved the offences of conspiracy and fraud against Edward beyond reasonable doubt.

“I hereby sentence you, Edward, to two years imprisonment without an option of fine with regards to count one and also two years without an option of fine with regards to count two,” he said.

“The four years are to run concurrently and I also order restituition as stated earlier in favour of the complainant, Tabitha Innocent.

“All money in the account of the convict shall be applied to offset the said N15 million and if the money is inadequate, the movable and immovable assets of the convict shall be jointly and/or severally sold to offset the total amount fraudulently collected from the complainant,” he said.

Earlier, Precious Onyeneho, Counsel to the Economic and Financial Crime Commission (EFCC), told the court that the convict committed the offences sometime in September 2024 in Kaduna.

Onyeneho said that the defendant and two others at large dishonestly deceived Innocent to pay N15 million to his FCMB account for six plots of land, located at Kujama in Kaduna.

The prosecutor said that as soon as the convict confirmed that money had been paid into his account, he avoided calls from the complainant.

The prosecutor said that subsequently all efforts made by Innocent to get her money back proved abortive.

Onyeneho said the offences contravened the Penal Code of Kaduna State, 2017.(NAN)