A member of the House of Representatives, Rep. Ikenga Ugochinyere, has asked Justice Rahman Oshodi, of the Lagos State Special Offences Court, handling the trial of the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, to recuse himself and allow another judge to preside over the case.
Justice Oshodi reportedly dismissed a request for his recusal from the trial of the former CBN boss, when he held that the allegations of bias raised by the defence were unsubstantiated, stating that there was no evidence to justify his withdrawal from the case.
The defence, led by Olalekan Ojo, had on Monday, orally applied for the judge to recuse himself, arguing that his previous rulings suggested a likelihood of bias.
However, Rotimi Oyedepo, counsel for the Economic and Financial Crimes Commission (EFCC), opposed the application, insisting that the proceedings had been conducted fairly and equitably.
After reviewing the arguments and legal authorities cited, Justice Oshodi ruled that the application lacked merit, and subsequently dismissed it.
In his reaction on Thursday, Rep. Ugochinyere, who represents Ideato North/South Federal Constituency of lmo State, said the application for Justice Oshodi, to recuse himself was the right thing to do, and he should have honoured it, by allowing an air of impartiality to exist in the trial.
He said “the judge having allegedly said the allegations have been proved, even when the trial has not gone through cross –examination, is a blow to principles of natural justice which states, an accused is deemed innocent until proven guilty.
“The application to recuse himself was the right thing, and he should have honoured it, and allowed an air of impartiality to exist in the trial. I urge the chief judge of the Federal High Court, to advice accordingly.
“I hereby strongly advice the accused to appeal the decision as the principle of justice is rooted, not in the judgement itself, but in the belief that manifest justice has been done.
“For emphasis, the principle of presumption of innocence in Nigeria, is that a person is considered innocent until proven guilty. This means that the burden of proof is on the prosecution.
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“Poignantly, the 1999 constitution states that every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty. The prosecution must prove the accused’s guilt beyond a reasonable doubt.
“If the prosecution fails to prove the charges, the accused is acquitted. Also, the accused has the right not to be publicly referred to as guilty. The accused has the right to a fair hearing. The accused has the right to legal representation.
“Consequently, it is within the right of the presumably accused, Godwin Emefiele, who devoted his life – energy and time in serving the country, to seek fair hearing in the allegations standing against him through legal representation as guaranteed by the constitution to ask the judge to recuse himself.
“The onus is now on Justice Rahman Oshodi, the judge of the Lagos State Special Offences Court to recuse himself to allow another Judge to allow preside over allegations of manifest bias.
“Until that is done, the Justice cannot be absolved of perceived biasness, which portends danger for the country’s judiciary, hence the chief judge of the Federal High Court must advice accordingly.”
