The Lagos State Special Offences Court sitting in Ikeja has admitted in evidence extra-judicial statements allegedly made by former Governor of the Central Bank of Nigeria, Godwin Emefiele, to the Economic and Financial Crimes Commission, EFCC, in his ongoing alleged $4.5 billion and ₦2.8 billion fraud trial.
Justice Rahman Oshodi, in a ruling delivered on Thursday, overruled objections raised by Emefiele’s counsel against the admissibility of the statements, holding that there was no basis to conduct a trial-within-trial.
Emefiele is standing trial alongside Henry Omoile on a 19-count charge bordering on alleged abuse of office, receiving gratification, accepting gifts through agents, corruption and fraudulent property transactions involving about $4.5 billion and ₦2.8 billion.
Omoile is facing a three-count charge of allegedly receiving unlawful gifts in connection with transactions involving the CBN.
Both defendants have pleaded not guilty to the charges preferred against them by the EFCC.
At the previous hearing, Emefiele’s lead counsel, Olalekan Ojo, SAN, urged the court to reject the statements, arguing that they were allegedly obtained involuntarily through oppression and torture while his client was detained by the Department of State Services, DSS, for more than 157 days.
Ojo contended that Emefiele was subjected to physical and psychological torture during his detention, making the statements inadmissible under Section 4 of the Anti-Torture Act, 2017, and relevant provisions of the Evidence Act.
He argued that once the voluntariness of a statement is challenged, the prosecution must prove that it was freely made. He also submitted that a video recording of the interrogation would have been the most reliable proof that due process was followed.
According to him, the absence of any video recording rendered the statements “poisoned fruits.”
The senior advocate further argued that the prosecution failed to produce independent evidence corroborating the alleged confessional statements and questioned the role of the lawyer said to have witnessed the interviews.
He urged the court to resolve any doubt about the voluntariness of the statements in favour of the defendant and reject them.
Responding, the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, argued that a trial-within-trial was unnecessary because none of the statements amounted to a confession or contained an admission of the facts in issue.
Oyedepo submitted that the Anti-Torture Act does not make a trial-within-trial mandatory in the circumstances and urged the court to dismiss the defence’s objection so the substantive trial could continue.
“There is nothing in the defendant’s statements that can be construed as an admission of the facts in issue,” he argued.
In his ruling, Justice Oshodi agreed with the prosecution and held that Section 4 of the Anti-Torture Act, 2017, relied upon by the defence, did not warrant a trial-within-trial to determine the admissibility of the statements.
The judge held that for an extra-judicial statement to qualify as confessional, it must contain an unequivocal admission of the offences alleged against the maker.
According to the court, nothing in Emefiele’s statements could be construed as an admission of the facts in issue.
Justice Oshodi consequently dismissed the defence’s objections and admitted as exhibits the statements allegedly made by Emefiele on October 27, October 30, November 11, November 12 and November 13, 2023.
The court thereafter adjourned the matter to October 6, 7 and 8, and November 11, 12 and 13, 2026, for continuation of trial.
The post “Emefiele’s EFCC Statements Admitted” — Court Rejects Torture Objection, Says Trial-Within-Trial Unnecessary appeared first on TheNigeriaLawyer.