TDA Lagos Special Offences Court has reserved ruling until July 9, 2026, on whether extra-judicial statements allegedly made by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, will be admitted as evidence in his ongoing alleged $4.5 billion fraud trial.
Justice Rahman Oshodi of the Special Offences Court sitting in Ikeja fixed the date after hearing arguments from both the defence and prosecution on the admissibility of the statements.
Defence Challenges Statements
Emefiele is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 19-count charge bordering on receiving gratification and making corrupt demands while serving as Governor of the CBN.
His co-defendant, Henry Omoile, is facing a three-count charge over the alleged unlawful acceptance of gifts by an agent.
Both defendants have pleaded not guilty to the charges.
At Friday’s proceedings, Emefiele’s counsel, Olalekan Ojo, SAN, objected to the admission of the extra-judicial statements, arguing that they were not made voluntarily.
He told the court that his client was subjected to physical and mental torture while being held by the Department of State Services (DSS) for more than 157 days.
Inadmissibility of Statements Obtained Under Duress
Citing the Anti-Torture Act, 2017, and relevant provisions of the Evidence Act, Ojo argued that statements obtained under oppression were inadmissible.
“The issue before this Honourable Court is whether the statements credited to the first defendant were made voluntarily,” he submitted.
The senior lawyer further argued that the absence of a video recording of the interrogation undermined the reliability of the statements.
He added that the prosecution failed to present independent evidence supporting the alleged confessional statements.
He also questioned the role of the lawyer who reportedly witnessed the interviews and urged the court to reject the statements, insisting that any doubt about their voluntariness should be resolved in favour of the defendant.
EFCC Insists Statements Were Voluntary
Responding, the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, who appeared with Bilikisu Buhari and C. C. Okezie, called the prosecution’s eighth witness, EFCC investigator Alvan Gurumnaan.
The witness told the court that Emefiele was invited for questioning and that all interviews were conducted in the presence of his legal representative.
He disclosed that the prosecution had voluntarily withdrawn the statement dated October 26, 2023, but sought to tender statements allegedly made on October 27, October 30, November 1 and November 2, 2023.
“If the defence does not want that statement, we are prepared to withdraw it. We are withdrawing it not because it was obtained through torture or oppression,” the witness said.
Oyedepo argued that there was no basis for conducting a trial-within-trial because none of the remaining statements amounted to a confession.
“There is nothing in the defendant’s statements that can be construed as an admission of the facts in issue,” he submitted.
He also maintained that the Anti-Torture Act did not make a trial-within-trial mandatory in the circumstances and urged the court to dismiss the defence’s objection and allow the substantive trial to continue.
Court Grants Co-defendant’s Application
Earlier in the proceedings, counsel to the second defendant, Adeyinka Kotoye, SAN, informed the court of a pending application seeking leave to appeal an earlier ruling.
The prosecution did not oppose the request, following which Justice Oshodi granted the application.
The court subsequently adjourned the matter until July 9, 2026, for a ruling on the admissibility of Emefiele’s extra-judicial statements.
