The Special Offences Court in Ikeja, Lagos, has reserved judgment until July 9 on whether extra-judicial statements allegedly made by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, will be admitted as evidence in his ongoing Emefiele Fraud Trial. The decision followed arguments from both the prosecution and defence over whether the disputed statements were made voluntarily.
Emefiele is standing trial alongside his co-defendant, Henry Omoile, over a 19-count charge involving alleged gratification and corrupt demands during his tenure as CBN governor. Omoile is separately facing a three-count charge relating to the alleged unlawful acceptance of gifts by an agent. Both defendants have pleaded not guilty to the charges.
During proceedings, Emefiele’s lead counsel, Olalekan Ojo (SAN), urged the court to reject the statements, arguing they were obtained under coercion. According to the defence, Emefiele was allegedly detained by the Department of State Services (DSS) for more than 157 days, during which he was subjected to physical and psychological oppression.
Relying on provisions of the Anti-Torture Act, 2017, and the Evidence Act, the defence argued that only statements made voluntarily are admissible in court. Ojo further maintained that the absence of video recordings documenting the interrogation process raised serious doubts about whether due process was followed.
He also questioned the prosecution’s reliance on the statements without independent supporting evidence and challenged the role of the lawyer said to have witnessed the interviews. The defence urged the court to resolve any uncertainty in favour of the defendant by excluding the statements from evidence.
Representing the prosecution, Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), called EFCC investigator Alvan Gurumnaan as the eighth prosecution witness. The witness told the court that Emefiele honoured an invitation for questioning and that all interviews were conducted in the presence of his legal representative.
He disclosed that the prosecution had voluntarily withdrawn one statement dated October 26, 2023, but sought to tender statements allegedly made on October 27, October 30, November 1 and November 2, 2023. According to the witness, the withdrawn statement was not abandoned because it was obtained through torture or oppression.
Oyedepo argued that the defence had failed to establish grounds for conducting a trial-within-trial, maintaining that none of the disputed statements amounted to a confession. He submitted that the Anti-Torture Act does not automatically require such proceedings under the circumstances and urged the court to admit the statements so the substantive Emefiele Fraud Trial could continue.
Counsel to Henry Omoile, Adeyinka Kotoye (SAN), informed the court of an application seeking leave to appeal an earlier ruling. The prosecution did not oppose the request, prompting Justice Rahman Oshodi to grant the application. The judge subsequently fixed July 9, 2026, to rule on the admissibility of the disputed statements.
Beyond the July ruling, the court scheduled October 6, 7 and 8, as well as November 11, 12 and 13, 2026, for the continuation of the substantive Emefiele Fraud Trial.
The court’s forthcoming ruling is expected to determine whether the disputed statements can form part of the prosecution’s evidence as proceedings continue in one of Nigeria’s most closely watched financial crime cases.
