Former Central Bank of Nigeria (CBN) Governor Godwin Emefiele has challenged the Economic and Financial Crimes Commission (EFCC) over attempts to admit his statements as evidence in his ongoing $4.5 billion and N2.8 billion fraud trial, alleging they were obtained through torture.
Appearing before Justice Rahman Oshodi at the Lagos State High Court on Friday, Emefiele’s lead counsel, Olalekan Ojo (SAN), objected to the EFCC’s move to tender a bundle of statements the former CBN governor allegedly made while in custody.
Ojo argued that the statements are inadmissible under the Evidence Act and the Anti-Torture Act, claiming his client was held incommunicado for over 157 days and subjected to oppressive, dehumanising and torturous conditions.
“The statements are products of acts intended to force the first defendant to say what he did not intend to say,” Ojo told the court.
He insisted that the prosecution must prove the statements were made voluntarily, adding that any confession obtained through torture or inhumane treatment cannot stand in law.
The dispute arose when the Director of Public Prosecutions, Rotimi Oyedepo (SAN), sought to introduce the statements through the prosecution witness, Alvan Ikoku.
Ikoku testified that Emefiele was invited for questioning and gave statements on multiple dates, including October 26 and 27, 2023.
Oyedepo later withdrew the October 26 statement, saying it only contained Emefiele’s personal identification details. Justice Oshodi subsequently struck it out after the defence raised no objection.
However, the EFCC opposed a trial-within-trial on the remaining statements, arguing they are not confessional and therefore do not require separate proceedings to test voluntariness.
Oyedepo maintained that the Evidence Act should take precedence over the Anti-Torture Act on procedural issues and urged the court to prioritise the case due to its public interest.
Ojo countered that the court must first determine whether the statements were made voluntarily before ruling on admissibility.
He said, “The issue of voluntariness can only be resolved through a trial-within-trial.”
After hearing both sides, Justice Oshodi adjourned ruling on the admissibility of the statements to July 9. The substantive trial will resume October 6-9, with daily sittings fixed for 12 noon.
Emefiele is standing trial over alleged abuse of office and fraud involving $4.5 billion and N2.8 billion.
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