Alleged $4.5bn Fraud: Court To Decide Admissibility Of Emefifiele’s Statements On July 9
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LAGOS – Justice Rahman Oshodi of the Lagos State Special Offences Court sitting in Ikeja has fixed July 9, 2026, to determine whether extra-judicial statements allegedly made by former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, can be admitted as evidence in his ongoing $4.5 billion fraud trial.
Emefiele is standing trial alongside Henry Omoile in a case instituted by the Economic and Financial Crimes Commission (EFCC). The former CBN governor is facing a 19-count charge bordering on alleged corrupt demands and receipt of gratification during his tenure, while Omoile is being prosecuted on three counts relating to the alleged unlawful acceptance of gifts by an agent. Both men have denied the allegations.
At Friday’s proceedings, counsel to Emefiele, Olalekan Ojo (SAN), challenged the prosecution’s attempt to tender several statements allegedly made by his client, insisting they were not voluntarily obtained.
According to the defence, the statements were extracted while Emefiele was subjected to physical, mental and psychological pressure during his detention by the Department of State Services (DSS), where he was allegedly held for more than 157 days.
Ojo relied on provisions of the Anti-Torture Act, 2017, and the Evidence Act, arguing that any statement obtained under oppressive circumstances is inadmissible before the court.
He maintained that the key issue before the court was whether the statements were made freely and voluntarily, adding that a video recording of the interrogation would have been the best evidence to establish compliance with due process. He argued that the prosecution’s failure to produce such recordings cast serious doubt on the authenticity and reliability of the statements.
The senior lawyer further submitted that the prosecution had not presented any independent evidence corroborating the alleged confessional statements. He also questioned the role played by the legal practitioner said to have been present during the interviews, urging the court to reject the statements and resolve any uncertainty in favour of the defendant.
Responding, Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), who appeared with Bilikisu Buhari and C.C. Okezie, called EFCC investigator Alvan Gurumnaan as the prosecution’s eighth witness.
During his testimony, the witness told the court that Emefiele honoured the EFCC’s invitation voluntarily and that his legal representative was present throughout the interview sessions.
He disclosed that the prosecution had decided to withdraw one of the statements dated October 26, 2023, but sought to tender those recorded 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,” NAIJAONPOINT said.
Oyedepo argued that there was no legal basis for conducting a trial-within-trial because none of the remaining statements amounted to a confession.
He submitted that the contents of the statements did not constitute an admission of the offences alleged against the defendant and therefore did not trigger the need for a separate inquiry into their voluntariness.
The prosecutor also contended that the Anti-Torture Act does not, in the circumstances of the case, make a trial-within-trial mandatory. He urged the court to dismiss the defence’s objection and allow the substantive hearing to continue without further delay.
Earlier, counsel to the second defendant, Adeyinka Kotoye (SAN), informed the court that his client had filed an application seeking leave to appeal one of the court’s earlier rulings.
The prosecution did not oppose the request, following which Justice Oshodi granted the application.
