EFCC fishing for evidence- Emefiele counsel

EMEFIELE’s LEAD COUNSEL ACCUSES EFCC OF FISHING FOR EVIDENCE AFTER FILING CHARGES.At the resumed hearing of the case on 21st October 2023, filed by the EFCC against the former Governor of the CBN Godwin Emefiele at the FCT High Court, Emefiele’s lawyers , Mathew Burkaa (SAN), filed a Motion Opposing the filing/ presentation of Proofs evidence for three witnesses whom the EFCC Investigated , one year after the charges had been filed at Justice Hamza MUAZU of the the FCT High Court, Abuja. In the motion, which was supported by an Affidavit sworn to by Gordon Apina on behalf of the defendant, Mathew Burkaa informed the court that the charge before the Court was filed on 14th August 2023 and have been severally amended by the prosecution. Burkaa further said that the charge commenced on 28th November 2023 and that upon filing the charge, the Prosecution manifested that it had concluded investigation and a prima facie case established in their opinion against the defendant. Burkaa further informed the Court that by filing of the Proofs of evidence by the EFCC on the 15th October 2024, seeking to introduce fresh evidence of Tommy Odama and Ifeanyi OMEKE, amounted to the fact that the Prosecution has manifested formally that investigation on the allegations against the defendant in respect of this charge is still ongoing despite the filing of the charge and commencement of full trial, a proof that the EFCC is Shopping for evidence against the defendant. Burkaa further stated in the affidavit that this act of fishing for evidence irredeemably violates the defendant’s rights to fair hearing . This action by the EFCC , according to Burkaa , amounts to a breach of paragraph 7.2.1(A)(B)&(C) and Paragraphs 7.2.2 and 7.2.3 of the Code of Conduct & Prosecutorial Guidelines for Federal Prosecutors, 2016 and Paragraph 9(1&3) of the National Policy on Prosecutions 2016 and Finally Section 36(1)(2)(A) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Burkaa therefore sought the leave of the Court to strike out from the Charge, the prosecutor’s additional proofs of evidence of witnesses filed on the 15th October 2024 containing the extra judicial statements of Ifeanyi Oneke and Tommy Odama made to the EFCC 6th, 7th and 8th of August 2024 in respect of this particular charge filed since 14th August 2023.On the part of the EFCC, the prosecution opposed the motion, requesting the court rule that the motion be determined at the time of judgment. My lord MUAZU therefore took the position that the court will fix a date for the hearing of the motion; based on which a ruling will be made by the Court.Thereafter, the case was adjourned for hearing till November 13, 2024