Di court don defer di ruling on whether di statements wey former Central Bank of Nigeria governor, Godwin Emefiele, make go fit be admitted as evidence. Justice Rahman Oshodi of di Federal Capital Territory High Court in Abuja bin set July 9, 2026, to decide di matter.
Emefiele dey face 19-count charge wey di Economic and Financial Crimes Commission (EFCC) bring against am for allegedly receiving gratification and making corrupt demands while he dey serve as CBN governor. Im co-defendant, Henry Omoile, also dey face three-count charge for allegedly unlawfully accepting gifts as an agent. Both of dem don plead not guilty.
For Friday proceedings, Emefiele lawyer, Olalekan Ojo (SAN), challenge di admissibility of di extra-judicial statements wey di prosecution wan tender. Ojo argue say di statements no be voluntary, but dem obtain am through oppression and physical and psychological torture while Emefiele dey detained by di Department of State Services (DSS) for more dan 157 days.
Ojo cite Section 4 of di Anti-Torture Act, 2017, and relevant provisions of di Evidence Act. Im maintain say di statements no be voluntary and so no should be admitted as evidence. “Di issue before dis Honourable Court na whether di statements credited to di first defendant were made voluntarily,” im argue.
Di lawyer further submit say where di voluntariness of a statement dey disputed, video recording of di interrogation be di most reliable proof say due process follow. Im argue say di prosecution failure to produce any such recording don undermine di credibility of di statements.
Ojo also fault di prosecution for failing to provide independent evidence wey go support di alleged confessional statements. Im question di role of di lawyer wey dem say witness Emefiele interviews. Im urge di court to reject di statements, insisting say any uncertainty regarding dia voluntariness should be resolved in favour of di defendant.
Di prosecution lawyer, Rotimi Oyedepo (SAN), call dia eighth witness, EFCC investigator Alvan Gurumnaan. While giving evidence, di witness tell court say Emefiele dey invited for questioning and all interviews conduct for presence of im legal representative. Im disclose say di prosecution voluntarily withdraw di statement wey date October 26, 2023, but wan tender statements wey dem allegedly make for October 27, October 30, November 1, and November 2, 2023.
“If di defence no want dat statement, we dey prepared to withdraw am. We dey withdraw am not because dem obtain am through torture or oppression,” di witness tok. Oyedepo argue say no basis to conduct trial-within-trial, maintaining say none of di remaining statements amount to confession. “Dere nothing in di defendant statements wey dem fit construe as admission of di facts in issue,” im submit.
Im further argue say di Anti-Torture Act no make trial-within-trial mandatory for di circumstances, and urge di court to dismiss di defence objection so dat di substantive trial fit proceed without further delay.
Earlier for di proceedings, counsel to di second defendant, Adeyinka Kotoye (SAN), inform court say Omoile don file application seeking leave to appeal earlier ruling of di court. Di prosecution no oppose di request, and Justice Oshodi grant di application. “I hereby grant di second defendant leave to appeal di ruling of di court,” di judge rule.
Justice Oshodi don adjourn di case till July 9, 2026, for ruling on di admissibility of Emefiele extra-judicial statements. Di court also fix October 6, 7, and 8, as well as November 11, 12, and 13, 2026, for continuation of di substantive trial.
