Court Blocks EFCC’s Push To Strengthen Charges Against Emefiele with New Evidence

In his ruling, Justice Hamza Muazu dismissed the prosecution’s attempt to include new proof in the ongoing trial, which is centered around allegations of procurement fraud filed against Emefiele by the EFCC. The motion was filed by Emefiele’s legal team, led by Mathew Burkaa (SAN).

Justice Muazu noted that Emefiele had opposed the EFCC’s attempt to present fresh evidence, more than a year after the charges were first filed in August 2023. The EFCC sought to bring forward two witnesses, Tommy John and Ifeanyi Omeke, whose extrajudicial statements were made in August 2024, well after the charges were filed.

The judge highlighted that the EFCC had already filed additional proof of evidence in February 2024, which included the testimonies of former Secretary to the Government of the Federation, Boss Mustapha, and Bamayi Haruna Mairiga. He emphasized that the charges against Emefiele were initially filed in August 2023, with his plea taken in November 2023.

Justice Muazu expressed concerns that the EFCC’s actions could undermine Emefiele’s right to a fair trial, describing the move as “trial by ambush” and “fishing for evidence.” He ruled that introducing new evidence at this stage would prejudice the defendant, violating his right to a fair hearing.

The judge further stated that charges should be filed only after investigations have been completed and a prima facie case established, which was not the case here.

Despite the ruling on the additional evidence, Justice Muazu decided not to strike out the charges entirely, as the trial had already progressed. He concluded that justice would best be served by allowing the trial to proceed to its final judgment based on the existing issues.