February 27, 2025 by and Elizabeth Eze

Justice Rahman Oshodi of an Ikeja Special Offences Court yesterday refused to recuse himself from the ongoing trial of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele.

Ruling of the matter, Justice Oshodi held that the defence team failed to substantiate its allegation of bias against him.

The judge held that there was no evidence from the defence team to justify the need for him to withdraw from the case.

Justice Oshodi consequently dismissed the defence team’s request for his recusal in the matter.

The defence team, led by Olalekan Ojo (SAN), had orally applied on Monday for the judge to step down from the trial.

He had then argued that the judge’s previous rulings suggested a likelihood of bias.

But counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo (SAN), opposed the application, insisting that the proceedings had been conducted fairly and equitably.

Perusing the circumstances that led to his ruling on the matter, Justice Oshodi recalled that Ojo, who appeared for Emefiele, had, on Monday, made an oral application for the court to recuse itself for alleged bias.

The judge said the alleged bias occurred when the court ruled that a document sought to be admitted by Oyedepo and was admitted earlier.

He added that the court allowed questions to be asked on an electronic printout tendered over the case.

Citing various authorities on judicial bias, including judgments of the Supreme Court, Justice Oshodi held that it is only when a judge makes a personal comment on a case before him that he could be deemed to be biased.

The judge averred that such a situation was not established by the defence in the case.

He said: “Bias in relation to determining a judicial bias must convey words of a likelihood of bias.”

According to him, there is no iota of evidence that can be found in this case.

After reviewing the arguments and legal authorities cited, Justice Oshodi ruled that the application by the defence lacked merit and he subsequently refused it.

“The allegations of bias have not been substantiated. Accordingly, the application of the first and the second defence counsel is refused,” he said.

After the court’s ruling, Ojo told the court that he had a motion on notice to appeal the ruling the court granted on January 8, rejecting the defence application which challenged the jurisdiction of the court to hear his case.

Ruling on the application brought by the defence, the judge said: “I have considered the first defendant’s motion on notice to appeal the ruling of the court. An appeal is a constitutional right. Therefore, I grant the application for the first defendant to appeal the ruling on January 8, 2025.”

After taking arguments from the counsel, Justice Oshodi adjourned the matter till May 26, 27 and 30 for continuation of trial.

Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demand preferred against him by the EFCC.

His co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.