Defence Counsel, Mr Olalekan Ojo (SAN), urged Justice Rahman Oshodi, to excuse himself from the case, on allegations of bias.
The News Agency of Nigeria (NAN) reports that Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demnds
Also charged is one Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents
The charges are proferred against them by the Economic and Financial Crimes Commission (EFCC).
When trial resumed on Monday, Mr Rotimi Oyedepo (SAN) appeared for the EFCC.
Mr Olalekan Ojo (SAN) appeared for the first defendant, while Mr Kazeem Gbadamosi (SAN) appeared for the second defendant.
Oyedepo, then concluded the evidence-in-chief of his seventh witness, Mr Adetola John.
In continuation of his evidence, the witness had made reference to a document which was not tendered as exhibit before the court.
He had told the court that he did not receive any complain about the 400,000 dollars he delivered, as instructed during business hours of the day.
When prosecution asked the witness to confirm a whatsapp message said to have been printed from his phone, the defence raised objection.
Ojo, argued that the document was solely meant for identification, as it was not an exhibit before the court.
Defence counsel argued that the witness could not read or “speak to” the document.
”The document is a bundle containing whatsapp messages of one Eric, said to be the personal assistant to first defendant”.
The court, however, overruled the defence, and allowed the witness to read from the document marked for identification.
The defence, expressed dissatisfaction with this court’s decision.
Consequently, at the end of the seventh witness’ evidence, the defence elected not to cross-examine him.
Defence counsel, unanimously, refused to cross examine the witness, and rather, orally applied to the court to recuse itself from the case.
They alleged that the court was biased.
In response, the prosecutor opposed the application by defence..
Oyedepo, argued that the court had on numerous times, ruled against the prosecution.
He added that if the defence was dissatisfied with the ruling of the court, they could file an appeal, adding that the defence was delaying the case.
NAN reports that the court has adjourned the until Feb. 26, for ruling.
Meanwhile, Ojo had earlier informed the court of an application seeking for leave to allow Emefiele appeal the ruling delivered on Jan. 8 challenging the jurisdiction of the court to hear his case.
The court had also adjourned until Feb. 26 for hearing of that application. (NAN)
