The Special Offences Court sitting in Ikeja, Lagos, has reserved ruling until July 9 on the admissibility of extra-judicial statements allegedly made by former Central Bank of Nigeria Governor, Godwin Emefiele, in his ongoing alleged $4.5 billion fraud case.
Justice Rahman Oshodi fixed the date after hearing arguments from both the prosecution and defence over whether the statements the Economic and Financial Crimes Commission (EFCC) seeks to tender were voluntarily made. The ruling is expected to determine whether the disputed evidence will form part of the substantive proceedings in the Emefiele fraud trial.
Emefiele is standing trial alongside Henry Omoile on a 19-count charge bordering on alleged gratification and corrupt demands during his tenure as CBN Governor. Omoile is also facing a separate three-count charge relating to the alleged unlawful acceptance of gifts by an agent. Both defendants have pleaded not guilty.
During the resumed hearing, Emefiele’s counsel, Olalekan Ojo, SAN, urged the court to reject the statements, arguing that they were obtained through oppression and were therefore inadmissible.
According to the defence, the former CBN governor was subjected to physical and psychological torture while allegedly being detained by the Department of State Services for more than 157 days. Ojo relied on provisions of the Anti-Torture Act, 2017, and the Evidence Act, maintaining that the central issue before the court was whether the statements were made voluntarily.
He argued that where voluntariness is disputed, video recordings of interrogations provide the strongest evidence of compliance with due process. He further submitted that the absence of such recordings raised questions about the reliability of the statements and criticised the prosecution for allegedly failing to provide independent supporting evidence. The defence asked the court to resolve any uncertainty in favour of the defendant.
Responding, the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, who appeared alongside Bilikisu Buhari and C.C. Okezie, presented EFCC investigator Alvan Gurumnaan as the prosecution’s eighth witness.
The witness testified that Emefiele attended questioning after being invited and that all interviews were conducted in the presence of his legal representative. He disclosed that the prosecution had voluntarily withdrawn a statement dated October 26, 2023, but sought to tender statements allegedly made on October 27, October 30, November 1, and November 2, 2023.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 none of the statements amounted to a confession and therefore did not require a trial-within-trial under the circumstances.
In a separate application, counsel to the second defendant, Adeyinka Kotoye, SAN, sought leave to appeal an earlier ruling of the court. The prosecution did not oppose the request, prompting Justice Oshodi to grant the application.
“I hereby grant the second defendant leave to appeal the ruling of the court,” the judge ruled.
The court subsequently adjourned the Emefiele fraud trial until July 9, 2026, for its decision on the admissibility of the disputed statements. Justice Oshodi also fixed October 6, 7 and 8, as well as November 11, 12 and 13, 2026, for the continuation of the substantive trial.
