Justice Rahman Oshodi of the Lagos State Special Offences Court sitting in Ikeja has ruled that extra-judicial statements allegedly made by former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, to the Economic and Financial Crimes Commission (EFCC) are admissible in evidence, dismissing objections raised by the defence.
In a ruling delivered on Thursday, the court held that Section 4 of the Anti-Torture Act, 2017, relied upon by Emefiele's legal team, did not justify conducting a trial-within-trial to determine the admissibility of the statements.
Justice Oshodi agreed with the prosecution that the procedure was unnecessary because none of the statements sought to be tendered amounted to a confession.
The judge explained that for an extra-judicial statement to qualify as a confessional statement, it must contain an unequivocal admission of the offences alleged against its maker.
According to the court, nothing contained in Emefiele's statements could reasonably be interpreted as an admission of the facts in issue.
Consequently, Justice Oshodi dismissed the defence's objections and admitted as exhibits the statements allegedly made by Emefiele on October 27, October 30, November 11, November 12 and November 13, 2023.
Following the ruling, the matter was adjourned to October 6, 7 and 8, as well as November 11, 12 and 13, 2026, for the continuation of the trial.
Emefiele is standing trial alongside Henry Omoile on a 19-count charge bordering on abuse of office, receiving gratification, accepting gifts through agents, corruption and fraudulent property transactions involving about $4.5 billion and N2.8 billion.
Omoile, on the other hand, is facing a three-count charge of allegedly receiving unlawful gifts in connection with transactions involving the CBN.
Both defendants have pleaded not guilty to all the charges filed against them by the EFCC.
At the previous proceedings, Emefiele's lead counsel, Olalekan Ojo (SAN), urged the court to reject the statements, arguing that they were involuntarily obtained while his client was detained by the Department of State Services (DSS) for more than 157 days.
The senior advocate alleged that Emefiele was subjected to both physical and psychological torture during his detention, rendering the statements inadmissible under Section 4 of the Anti-Torture Act, 2017, and relevant provisions of the Evidence Act.
Ojo maintained that once the voluntariness of a statement is challenged, the prosecution bears the burden of proving that it was freely made.
He argued that a video recording of the interrogation would have provided the strongest evidence of compliance with due process.
He further submitted that the absence of any video recording rendered the statements poisoned fruits, and argued that the prosecution failed to produce independent evidence supporting the alleged confessional statements.
He also questioned the role of the lawyer said to have witnessed the interviews and urged the court to resolve any doubt in favour of the accused.
However, the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), opposed the application, arguing that none of the statements amounted to a confession or contained any admission of the facts in issue.
According to Oyedepo, the Anti-Torture Act does not require a trial-within-trial in the circumstances of the case.
“There is nothing in the defendant's statements that can be construed as an admission of the facts in issue,” he submitted, urging the court to dismiss the defence's objection and allow the substantive trial to proceed without delay.
Justice Oshodi upheld the prosecution's submissions and ruled that the statements were admissible.
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