The Court of Appeal in Lagos has reserved judgment in former CBN Governor Godwin Emefiele’s appeal. He wants the judge in his criminal trial to step aside over a disputed $400,000 allegation.
What the Panel Did
A three-member panel led by Justice Biobele Georgewill heard both sides on Tuesday. It then reserved judgment. The court said it would tell the parties the delivery date later.
Before the hearing, the panel treated Emefiele’s February 6, 2026 motion as properly filed and served. That motion sought to add more records to the appeal. The court also regularised the EFCC’s respondent’s brief, filed through a motion dated January 21, 2026.
Why Emefiele Wants the Judge Out
Emefiele is challenging a February 26, 2025 ruling by Justice Rahman Oshodi of the Lagos State Special Offences Court. The judge had refused his request to withdraw from the trial over alleged bias.
The row began on February 24, 2025. A prosecution witness, PW7, had said a man named John Ayoh gave him $400,000. Prosecution counsel then asked whether it was the same money the witness later handed to Emefiele in his office.
Emefiele’s lawyers objected that the question was leading. Justice Oshodi agreed it was leading. He still allowed it under Section 221(3) of the Evidence Act, 2011, which permits such questions on introductory or undisputed matters, and on points the court considers sufficiently proved.
Emefiele’s team then asked the judge to recuse himself. They said the ruling suggested he had already made up his mind on whether the money was received. Justice Oshodi rejected the request, saying bias had not been proved. Emefiele appealed on March 6, 2025.
Arguments Before the Appeal Court
Emefiele’s lawyers, Olalekan Ojo (SAN) and Olawale Fapohunda (SAN), said the ruling amounted to prejudging a disputed issue. They noted that PW7 had not yet been cross-examined. In their view, the remark could make an observer think the prosecution had already proved the payment.
Ojo said the right to a fair hearing under Section 36(4) of the 1999 Constitution includes trial before an impartial court. He cited past rulings, including In Re Abdullahi (2018) and A.I.C. Ltd v. Edo State Government (2016). He also argued that the cases the trial court relied on did not cover a judge allegedly prejudging a key issue in an interlocutory ruling.
The EFCC, represented by C.C. Okezie, asked the court to dismiss the appeal as an abuse of process. Okezie urged the panel to read PW7’s testimony in the record and uphold the trial judge’s decision.
The Underlying Charges
The trial stems from an amended information dated April 3, 2024. Emefiele faces allegations of accepting gratification, corrupt demand and receiving property allegedly obtained by fraud. The charges fall under Sections 8, 10 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.
