A Lagos State Special Offences Court sitting in Ikeja has admitted into evidence extra-judicial statements allegedly made by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to the Economic and Financial Crimes Commission (EFCC), dismissing objections raised by his defence team.
Delivering a ruling on Thursday, Justice Rahman Oshodi held that the statements were admissible and rejected the defence’s request for a trial-within-trial to determine their voluntariness.
The judge ruled that Section 4 of the Anti-Torture Act, 2017, relied upon by Emefiele’s counsel, Olalekan Ojo (SAN), did not justify conducting a trial-within-trial in the circumstances of the case.
Justice Oshodi agreed with the prosecution, led by the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), that the disputed statements were not confessional in nature and therefore did not require a separate hearing to determine their admissibility.
According to the court, an extra-judicial statement can only be regarded as confessional if it contains a clear and unequivocal admission of the offences alleged against the accused.
The judge held that none of Emefiele’s statements amounted to an admission of the charges before the court.
The court subsequently admitted as exhibits statements allegedly made by the former CBN governor on October 27, October 30, November 11, November 12 and November 13, 2023.
Following the ruling, Justice Oshodi adjourned the case to October 6, 7 and 8, as well as November 11, 12 and 13, 2026, for the 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 approximately 4.5 billion dollars and N2.8 billion.
Omoile is separately facing a three-count charge over the alleged receipt of unlawful gifts linked to transactions involving the Central Bank of Nigeria.
Both defendants have pleaded not guilty to the charges.
At the previous hearing, Emefiele’s counsel argued that the statements were obtained under duress while his client was allegedly detained by the Department of State Services (DSS) for more than 157 days.
The defence claimed the statements were inadmissible under the Anti-Torture Act and the Evidence Act, insisting that the absence of a video recording of the interrogation undermined their credibility.
However, the prosecution maintained that the statements did not amount to confessions and urged the court to dismiss the objection and proceed with the substantive trial, a position upheld by the court.
