The Economic and Financial Crimes Commission (EFCC) has insisted that extra-judicial statements made by former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, were voluntarily obtained, as the Ikeja Special Offences Court fixed July 9, 2026, to rule on their admissibility.
Justice Rahman Oshodi adjourned the matter after hearing arguments from both the prosecution and the defence over whether the statements should be admitted as evidence in Emefiele’s ongoing trial.
Emefiele and his co-defendant, Henry Omoile, are standing trial on charges bordering on alleged gratification, corrupt demands and abuse of office involving about $4.5 billion and ₦2.8 billion.
While Emefiele faces a 19-count charge, Omoile is being prosecuted on a three-count charge for allegedly receiving unlawful gifts linked to transactions involving the apex bank.
Counsel to Emefiele, Olalekan Ojo (SAN), urged the court to reject the statements, arguing that they were obtained while his client was held in the custody of the Department of State Services for more than 157 days under oppressive conditions.
Relying on the provisions of the Anti-Torture Act, 2017, and the Evidence Act, Ojo maintained that the statements were not voluntarily made.
“The issue before this court is whether the statements credited to the first defendant were made voluntarily,” he argued.
He contended that where the voluntariness of a statement is challenged, a video recording of the interrogation remains the most credible evidence of compliance with due process.
According to him, the failure of the prosecution to produce any video recording rendered the statements inadmissible, describing them as “poisoned fruits.”
Ojo also faulted the prosecution for allegedly failing to provide independent evidence supporting the statements and questioned the role of the lawyer said to have witnessed the interviews.
“Any doubt regarding the voluntariness of a statement must be resolved in favour of the accused,” he submitted.
Responding, the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), led the prosecution in calling its eighth witness, EFCC investigator Alvan Gurumnaan.
NAIJAONPOINT told the court that Emefiele honoured an invitation for questioning and that all interviews were conducted in the presence of his lawyer.
Oyedepo informed the court that although the prosecution had decided to withdraw the statement dated October 26, 2023, it still intended to tender statements 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,” Oyedepo said.
The senior advocate argued that a trial-within-trial was unnecessary 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 further argued that the Anti-Torture Act does not make a trial-within-trial mandatory and urged the court to dismiss the defence’s objection and allow the trial to proceed.
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.
“I hereby grant the second defendant leave to appeal the ruling of the court,” the judge held.
Justice Oshodi subsequently adjourned the matter until July 9 for ruling on the admissibility of the disputed extra-judicial statements.
The court also fixed October 6, 7 and 8, as well as November 11, 12 and 13, 2026, for the continuation of the substantive trial.
