By Akin Kuponiyi

The presiding judge of the Lagos State Special Offences Court, Ikeja, Justice Rahman Oshodi, on Thursday dismissed objections raised by former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, over the admissibility of extra-judicial statements he made to the Economic and Financial Crimes Commission (EFCC).

The court declared that the statements were admissible as evidence.

Justice Oshodi, while delivering his ruling, held that Section 4 of the Anti-Torture Act, 2017, relied upon by Emefiele’s legal team, did not warrant a trial within a trial to determine the admissibility of the statements.

He also agreed with the prosecution that a trial within a trial was unnecessary because none of the statements sought to be tendered constituted a confession.

Justice Oshodi held that, for an extra-judicial statement to qualify as confessional, it must contain an unequivocal admission of the offences alleged against its maker.

According to the judge, nothing in Emefiele’s statements could be construed as an admission of the facts in issue.

Consequently, the objection was dismissed and the statements, allegedly made by Emefiele on October 27, October 30, November 11, November 12 and November 13, 2023, were admitted as exhibits.

Following the ruling, the court adjourned the case until October 6, 7 and 8, and November 11, 12 and 13, 2026, for the continuation of the trial.

Earlier, Emefiele’s lead counsel, Olalekan Ojo (SAN), urged the court to reject the statements, arguing that they were obtained involuntarily through oppression and torture while his client was detained by the Department of State Services (DSS) for more than 157 days.

Ojo contended that Emefiele was subjected to physical and psychological torture during his detention, rendering the statements inadmissible under Section 4 of the Anti-Torture Act, 2017, and the relevant provisions of the Evidence Act.

He maintained that once the voluntariness of a statement is challenged, the prosecution must establish that it was freely made. He argued that a video recording of the interrogation would have been the most reliable proof of compliance with due process.

He further argued that the prosecution failed to produce independent evidence corroborating the alleged confessional statements and questioned the role of the lawyer said to have witnessed the interviews.

Ojo urged the court to resolve any doubt regarding the voluntariness of the statements in favour of the accused and reject them.

Responding, the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), argued that a trial within a trial was unnecessary because none of the statements amounted to a confession or contained any admission of the facts in issue.

He submitted that the Anti-Torture Act does not mandate a trial within a trial in such circumstances and urged the court to dismiss the defence’s objections and allow the substantive trial to proceed.

Oyedepo further argued that there was no basis for conducting a trial within a trial, maintaining that none of the statements constituted a confession.

He added that the Anti-Torture Act does not make a trial within a trial mandatory in the circumstances and urged the court to dismiss the defence’s objection and allow the substantive trial to proceed expeditiously.

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 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 the charges preferred against them by the EFCC.

Source: PM News