—Restricts use of document in ongoing criminal trial

By Henry Ojelu

The Lagos State Special Offences Court, Ikeja, on Friday admitted a Supreme Court judgment tendered by the Economic and Financial Crimes Commission, EFCC, in the ongoing trial of former Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele, over the forfeiture of properties allegedly linked to him.

However, the trial judge, Justice Rahman Oshodi, ruled that although the judgment was admissible, it could not be used for or against any of the parties in the criminal proceedings.

Ruling on objections raised by the defence, led by Olalekan Ojo, SAN, and submissions by the prosecution, led by the Federal Director of Public Prosecutions, Rotimi Oyedepo, SAN, Justice Oshodi held that the document was a public document and a certified true copy of a Supreme Court decision.

The judge consequently admitted it as Exhibit A but restricted its use in the trial.

He said: “The judgment is a public document, and it is a certified true copy of the Supreme Court decision. It would be accepted as an exhibit (in rem), but cannot be used in the case either for or against any party.”

Justice Oshodi explained that the document satisfied the legal requirements for admissibility under the Evidence Act.

On the defence’s objection that the prosecution tendered only the lead judgment without the separate judgments of other Supreme Court justices, the judge relied on the Court of Appeal decision in Matthias Sikiri and Others v. Nketchukwu Onyema and Others (2021) LPELR-56552(CA).

He also cited Avacha and Others v. Fawole, where the Supreme Court held that the lead judgment represents the decision of the court.

Addressing concerns over the use of a judgment arising from civil forfeiture proceedings in a criminal trial, Justice Oshodi said the restriction on its use had adequately addressed the issue.

Citing David Itauma v. Friday Jasi, the judge said previous judgments tendered in subsequent proceedings were intended to establish what was decided in the earlier cases and not to prove the guilt or innocence of parties in the subsequent proceedings.

He consequently overruled the defence objection and admitted the document.

Earlier, Ojo had opposed its admission, arguing that the judgment was irrelevant to the charges against his client, incomplete without the other justices’ opinions and arose from non-conviction-based civil forfeiture proceedings.

Counsel to the second defendant, A.M. Kotoye, SAN, aligned himself with the objection and urged the court to reject the document.

However, Oyedepo argued that the judgment was admissible as a certified true copy of a Supreme Court decision, adding that the prosecution had complied with Sections 103 and 104 of the Evidence Act.

He maintained that the fact that only the lead judgment was tendered did not affect its admissibility, while the civil nature of the forfeiture proceedings did not make the document inadmissible.

Emefiele is standing trial alongside Henry Omoile on a 19-count charge bordering on alleged abuse of office, receiving gratification, accepting gifts through agents, corruption and fraudulent property transactions involving about $4.5 billion and N2.8 billion.

Omoile is also facing a separate three-count charge over allegations of receiving unlawful gifts in connection with transactions involving the CBN.

Both defendants have pleaded not guilty.

The court adjourned further hearing to December 17, 18, 2026 and January 11, 2027.

Emefiele: Court admits Supreme Court judgment in forfeiture case

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