Former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has asked the Special Offences Court sitting in Ikeja, Lagos, to reject five extra-judicial statements he made while in the custody of the Department of State Services (DSS), alleging that they were obtained after he was held incommunicado for 157 days and subjected to physical and psychological torture.
The application was made during proceedings in Emefiele’s ongoing trial alongside his co-defendant, Henry Omoile, on a 19-count charge bordering on alleged money laundering and fraud.
The Economic and Financial Crimes Commission (EFCC) alleges that Emefiele received $17.1 million through an intermediary, Monday Osazuwa, as gratification for facilitating foreign exchange allocations while serving as CBN governor.
The dispute arose after the Director of Public Prosecutions of the Federation (DPPF), Rotimi Oyedepo (SAN), sought to tender five statements allegedly made by Emefiele on October 26, 27 and 30, as well as November 1 and 2, 2023.
Counsel to Emefiele, Olalekan Ojo (SAN), objected to the admissibility of the statements, arguing that they were not voluntarily made because they were obtained under oppressive conditions while his client remained in DSS custody.
Relying on Section 4 of the Anti-Torture Act, 2017, and relevant provisions of the Evidence Act, Ojo contended that Emefiele’s prolonged detention amounted to cruel, inhuman and degrading treatment, rendering any statements obtained during the period inadmissible unless the prosecution could establish that they were made voluntarily.
“The issue before this court is whether the statements credited to the first defendant were made voluntarily,” Ojo argued.
He maintained that where the voluntariness of a statement is challenged, a video recording of the interrogation is the most credible evidence that due process was followed.
According to the defence, the prosecution failed to produce any video evidence of the interviews, making the statements inadmissible. Ojo urged the court to either reject the statements outright or order a trial-within-trial to determine whether they were voluntarily made.
Responding, the prosecution argued that a trial-within-trial was unnecessary because the statements did not amount to confessional statements.
Oyedepo submitted that none of the statements contained any admission of the offences alleged against the former CBN governor.
The prosecution, however, withdrew the statement dated October 26, 2023, while insisting that the decision was unrelated to the defence’s allegations of torture or coercion.
“If the defence does not want that statement, we are prepared to withdraw it. We are withdrawing it not because it was obtained through torture or oppression,” Oyedepo told the court.
He urged Justice Rahman Oshodi to admit the remaining statements made on October 27, October 30, November 1 and November 2, 2023, arguing that the Anti-Torture Act did not require a trial-within-trial under the circumstances.
Earlier, the prosecution presented its eighth witness, EFCC investigator Alvan Gurumnaan, who testified that the statements were recorded in the presence of Emefiele’s legal representative.
During the proceedings, counsel to the second defendant, Henry Omoile, Adeyinka Kotoye (SAN), informed the court of a pending application seeking leave to appeal an earlier ruling of the court.
The prosecution did not oppose the application, following which Justice Oshodi granted the request.
“I hereby grant the second defendant leave to appeal the ruling of the court,” the judge ruled.
After hearing submissions from both parties, Justice Oshodi adjourned the matter until July 9, 2026, to deliver a ruling on the admissibility of the disputed statements.
The court also fixed October 6, 7 and 8, as well as November 11, 12 and 13, 2026, for the continuation of the substantive trial.
