Abuja — A High Court of the Federal Capital Territory sitting in Maitama yesterday refused an attempt by the Economic and Financial Crimes Commission, EFCC, to call three subpoenaed witnesses against former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
Justice Hamza Muazu ruled that the witnesses could not testify because their names were contained in an additional proof of evidence earlier rejected by the court on March 20, 2025, which is now the subject of an appeal.
“The ruling of March 20 is now the subject of an appeal. This court cannot change its own decision by allowing these subpoenaed witnesses to testify. The prosecution must wait for the decision of the Court of Appeal,” Justice Muazu held.
The judge consequently adjourned the case to January 29, 2026 for continuation of hearing.
Background to the Case
Emefiele, CBN governor from 2014 to 2023, is standing trial on a 20-count charge bordering on procurement fraud involving about ₦1.2 billion.
The EFCC alleges that between 2018 and 2020 he illegally approved contracts for 43 vehicles worth about ₦1.2 billion and gave “corrupt advantage” to a CBN staff member, Mrs Sa’adatu Ramallan Yaro, by awarding her company, April 1616 Investment Ltd, a contract to supply 37 Toyota Hilux vehicles valued at ₦854 million.
Emefiele has pleaded not guilty.
Dispute Over New Witnesses
At the resumed sitting, Emefiele’s counsel, Mathew Burkaa, SAN, objected to the EFCC’s move to call the 11th prosecution witness, Alvan Grumman, and two others. He argued that their names were part of the additional proof of evidence dated October 15, 2024, which the court had already struck out.
Burkaa contended that it would be “procedurally wrong” for the EFCC to reintroduce the same witnesses “through the back door” while it is simultaneously appealing the March 20 ruling. He described the move as an abuse of court process.
EFCC counsel, Rotimi Oyedepo, SAN, countered that the defence had not specifically objected to Grumman’s appearance when it initially opposed the additional proof of evidence. He said Grumman was a member of the investigative team and his testimony would assist the court in reaching a just decision.
However, Justice Muazu reaffirmed his earlier position and held that both parties remained bound by the subsisting ruling until the Court of Appeal decides otherwise.
Court Warned Against “Trial by Ambush”
In the March 20 decision, the court had rejected the EFCC’s additional proof of evidence on the grounds that it amounted to introducing fresh material more than a year after the case was filed and after Emefiele took his plea in November 2023.
Justice Muazu said then that such late-stage additions resembled “trial by ambush” and could jeopardise the defendant’s right to fair hearing, since he was not confronted with the new material at the investigation stage.
Despite that, the judge declined to strike out the entire charge or expunge the evidence of key witnesses such as former Secretary to the Government of the Federation, Boss Mustapha, ruling that the trial had already progressed too far and should be concluded on its merits.
