Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, on Thursday dismissed objections raised by former Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele, to the admissibility of extra-judicial statements he allegedly made to the Economic and Financial Crimes Commission, EFCC.
The court held that the statements were admissible in evidence and that there was no basis to conduct a trial within trial.
Emefiele had objected to the tendering of the statements through his lead counsel, Olalekan Ojo, SAN, who argued that they were not voluntarily made.
Ojo contended that the former CBN governor was detained by the Department of State Services, DSS, for over 157 days and was allegedly subjected to physical and psychological torture before the statements were obtained.
He urged the court to reject the statements, relying on Section 4 of the Anti-Torture Act, 2017, and relevant provisions of the Evidence Act.
According to him, once the voluntariness of a statement is challenged, the prosecution is required to prove that it was freely made.
The defence also argued that a video recording of the interrogation would have been the most reliable evidence to show that due process was followed.
Ojo further questioned the role of the lawyer said to have witnessed the interviews and submitted that any doubt regarding the voluntariness of the statements should be resolved in favour of the accused.
But the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, opposed the objection, arguing that a trial within trial was unnecessary because the statements sought to be tendered were not confessional.
Oyedepo submitted that none of the statements contained an admission of the facts in issue or an acknowledgement of guilt by Emefiele.
He argued that the Anti-Torture Act does not automatically require a trial within trial where the statement in question is not confessional.
Delivering his ruling, Justice Oshodi agreed with the prosecution and held that Section 4 of the Anti-Torture Act, 2017, did not warrant a trial within trial in the circumstances of the case.
The judge held that for an extra-judicial statement to qualify as confessional, it must contain an unequivocal admission of the offence 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 objection and admitted the statements allegedly made by Emefiele on October 27, October 30, November 11, November 12 and November 13, 2023, as exhibits.
Following the ruling, the court adjourned the case until October 6, 7 and 8, and November 11, 12 and 13, 2026, for continuation of 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 N2.8 billion.
Omoile is separately 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.
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