Justice Rahman Oshodi of the Special Offences Court, sitting in Ikeja, Lagos, has adjourned proceedings in the alleged $4.5 billion fraud trial involving former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, and his co-defendant, Henry Omoile.
The court fixed July 9, 2026, to deliver its ruling on whether the extra-judicial statements allegedly made by Emefiele can be admitted as evidence in the ongoing trial.
Key Highlights:
Emefiele is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 19-count charge bordering on alleged receipt of gratification and corrupt demands while he served as CBN governor.
His co-defendant, Omoile, is facing a three-count charge relating to the alleged unlawful acceptance of gifts by an agent.
Both defendants have pleaded not guilty to the allegations.
At Friday’s proceedings, counsel to Emefiele, Olalekan Ojo (SAN), challenged the admissibility of the statements the prosecution sought to tender, arguing that they were not voluntarily made.
Ojo told the court that the statements were allegedly obtained under oppressive conditions, including claims of physical and mental torture while Emefiele was in the custody of the Department of State Services (DSS) for more than 157 days.
He relied on provisions of the Anti-Torture Act, 2017, and sections of the Evidence Act, arguing that any statement obtained through coercion should not be admitted.
“The issue before this Honourable Court is whether the statements credited to the first defendant were made voluntarily,” Ojo argued.
He maintained that video recordings of interrogations were the best way to prove that due process was followed, adding that the absence of such recordings raised questions about the reliability of the statements.
The defence lawyer also argued that the prosecution failed to provide independent evidence backing the alleged statements and questioned the involvement of the lawyer said to have witnessed the interviews.
He urged the court to reject the statements, saying any uncertainty about their voluntariness should favour the defendant.
However, the prosecution, led by the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), disagreed with the defence.
The prosecution called its eighth witness, EFCC investigator Alvan Gurumnaan, who told the court that Emefiele’s interviews were conducted in the presence of his legal representative.
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The witness informed the court that the prosecution had withdrawn one statement dated October 26, 2023, but still sought to tender other statements allegedly made on October 27, October 30, November 1 and November 2, 2023.
He said the withdrawal was not because the statement was obtained through torture or oppression.
Oyedepo argued that there was no need for a trial-within-trial, insisting that the remaining statements did not amount to confessions or admissions of the alleged offences.
“There is nothing in the defendant’s statements that can be construed as an admission of the facts in issue,” he submitted.
He urged the court to dismiss the objection and allow the substantive trial to continue.
Meanwhile, counsel to the second defendant, Adeyinka Kotoye (SAN), informed the court about a pending application seeking permission to appeal an earlier ruling.
The prosecution did not oppose the application, and Justice Oshodi granted the request.
The court subsequently adjourned the matter until July 9 for ruling on the admissibility of Emefiele’s statements.
