AN IKEJA Special Offences Court on Friday admitted a certified copy of a Supreme Court judgement linking former CBN Governor, Godwin Emefiele, to forfeited properties.
Justice Rahman Oshodi admitted the judgment as Exhibit L after overruling objections by Emefiele’s defence counsel.
Emefiele is facing a 19-count charge bordering on alleged gratification, corrupt demands and abuse of office involving $4.5 billion and N2.8 billion.
His co-defendant, Henry Omoile, is facing a three-count charge of alleged unlawful acceptance of gifts.
Oshodi ruled that the certified true copy of the Supreme Court judgment was admissible as a public document.
He said the fact that only the lead judgment was tendered did not render it incomplete or inadmissible.
The judge also addressed concerns about the prosecution’s reliance on a civil judgment in the ongoing criminal trial.
He, however, restricted its use to establishing what the Supreme Court had decided in the previous proceedings.
He stressed that the judgment could not constitute evidence for or against any party in the ongoing trial.
“It has been well settled that court judgments are only used when tendered in a trial to determine and confirm what was actually decided in the case.
“They are not used as evidence given in them for or against any of the parties therein,” Oshodi said.
The Director of Public Prosecutions of the Federation, Mr Rotimi Oyedepo (SAN), had tendered the document through EFCC investigator, Mr Alvan Gurumnaan.
However, Emefiele’s lead counsel, Mr Ojo Olalekan (SAN), opposed its admissibility, arguing that only four justices signed the judgment.
He maintained that Supreme Court decisions were ordinarily delivered by panels of five or seven justices.
Ojo also argued that the judgment arose from non-conviction forfeiture proceedings and was irrelevant to the prosecution’s case.
Counsel to Omoile, Mr Adeyinka Kotoye (SAN), aligned himself with the objections and urged the court to reject the document.
Kotoye argued that admitting the judgment could undermine the principle of estoppel and the defendants’ presumption of innocence.
He also questioned the prosecution’s decision to introduce the document after proceedings had begun.
Responding, Oyedepo argued that the document was a duly certified Supreme Court decision admissible under Sections 102 and 104 of the Evidence Act.
Following the ruling, Gurumnaan faced cross-examination by Emefiele’s counsel over his role in the investigation.
The witness said he personally obtained statements, analysed bank statements and coordinated other members of the investigation team.
He confirmed interviewing Zenith Bank Managing Director, Dr Ebenezer Onyeagwu, but could not immediately recall whether a statement was obtained.
Gurumnaan said the investigation involved hundreds of interviews with CBN officials, commercial bank employees and personnel of other government agencies.
Oshodi adjourned the case until Dec. 17 for continuation of cross-examination. (NAN)
