Emefiele challenges EFCC statements
Former Central Bank of Nigeria Governor Godwin Emefiele on Friday asked the Lagos State High Court to reject several statements the Economic and Financial Crimes Commission wants to use against him in his ongoing trial over an alleged $4.5 billion and N2.8 billion fraud and abuse of office.
The application was made before Justice Rahman Oshodi through his lawyer, Olalekan Ojo (SAN), who argued that the statements were obtained under unlawful conditions while his client was in EFCC custody.
The defence told the court that the statements were not made voluntarily because Emefiele was allegedly kept in detention without access to the outside world for more than 157 days before they were recorded. His lawyer argued that the Evidence Act and the Anti-Torture Act do not permit the admission of statements obtained through torture, intimidation or other forms of inhuman treatment.
According to the defence, the prosecution has a legal duty to prove that every statement presented in court was given freely and without pressure. Ojo maintained that the circumstances surrounding Emefiele’s detention raised serious questions about whether the statements were voluntary. He therefore asked the court to conduct a trial-within-trial before deciding whether the documents could be admitted as evidence.
The issue arose after the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), attempted to tender the statements through the fourth prosecution witness, Alvan Ikoku. During his testimony, the witness told the court that the EFCC questioned Emefiele on different occasions and obtained statements from him on October 26 and October 27, 2023.
Following the objection by the defence, the prosecution informed the court that it was withdrawing the statement dated October 26, 2023. Oyedepo explained that the document only contained Emefiele’s personal details and was no longer necessary for the case. Since the defence did not oppose the request, Justice Oshodi struck out the document.
The prosecution, however, opposed the request for a trial-within-trial regarding the remaining statements. Oyedepo argued that the documents were not confessional statements and therefore did not require a separate hearing before being admitted.
He also submitted that the Evidence Act should guide the court on matters relating to the admission of evidence and urged the judge to allow the trial to move forward quickly because of the public interest surrounding the case.
Responding to the prosecution’s argument, the defence insisted that the court must first determine whether the statements were made willingly before considering their admissibility. Ojo maintained that allegations of torture, oppression and inhuman treatment could not be ignored and that only a trial-within-trial could properly resolve the issue.
After listening to both sides, Justice Oshodi reserved his ruling on whether the statements would be admitted until July 9, 2026. The judge also fixed October 6, 7, 8 and 9, 2026, for the continuation of the main trial.