The Lagos State Special Offences Court sitting in Ikeja has admitted a certified true copy of a Supreme Court judgment in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, over alleged financial offences involving $4.5 billion and ₦2.8 billion.
Justice Rahman Oshodi, who delivered the ruling on Friday, November 13, overruled objections by Emefiele’s defence team and admitted the document as Exhibit L.
The judge held that a certified true copy of a Supreme Court judgment qualifies as a public document and is admissible under the law.
However, he restricted its use, explaining that the document could only establish what the apex court decided in the earlier proceedings and must not be treated as evidence for or against any defendant in the ongoing criminal trial.
The prosecution, led by the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, had sought to tender the judgment through an Economic and Financial Crimes Commission (EFCC) investigator, Alvan Gurumnaan.
The judgment relates to an earlier Supreme Court decision concerning properties forfeited to the Federal Government and linked to the former CBN governor.
Emefiele’s lawyers oppose admission
Emefiele’s lead counsel, Olalekan Ojo, SAN, opposed the application, arguing that the judgment was incomplete because only the lead judgment had been presented.
He also questioned its relevance to the criminal proceedings, maintaining that the earlier case arose from non-conviction-based forfeiture proceedings and could not be used to support the prosecution’s allegations against his client.
Ojo further argued that the document was signed by only four justices, whereas Supreme Court decisions are ordinarily delivered by panels of five or seven justices.
Counsel to the second defendant, Henry Omoile, Adeyinka Kotoye, SAN, aligned himself with the objection, urging the court to reject the document, particularly because it was being tendered after the trial had commenced.
Responding, Oyedepo maintained that the document was a properly certified Supreme Court judgment and qualified for admission under Sections 102 and 104 of the Evidence Act.
After considering the submissions, Justice Oshodi rejected the defence arguments, holding that the fact that only the lead judgment was tendered did not make the document incomplete or inadmissible.
He nevertheless emphasised that admitting the judgment did not mean that its findings could be used to establish the guilt or liability of either defendant in the present case.
EFCC investigator grilled over investigation
Following the ruling, the EFCC investigator continued his testimony and faced cross-examination by Emefiele’s counsel.
Gurumnaan told the court that he personally obtained statements from individuals connected with the investigation, analysed bank records and coordinated other investigators assigned to the case.
He also confirmed that he interviewed the Managing Director of Zenith Bank, Dr Ebenezer Onyeagwu.
However, when asked whether a statement was obtained from Onyeagwu after the interview, the witness said he could not immediately recall.
The investigator further disclosed that the probe involved hundreds of interviews with officials of the CBN, commercial banks and other government agencies.
He said the investigation involved collecting statements, examining financial records and coordinating information gathered by members of the investigative team.
Emefiele, co-defendant face separate charges
Emefiele is facing a 19-count charge bordering on alleged gratification, corrupt demands and abuse of office involving $4.5 billion and ₦2.8 billion.
His co-defendant, Henry Omoile, is facing a separate three-count charge relating to the alleged unlawful acceptance of gifts.
Both defendants are presumed innocent unless proven guilty by the court.
Justice Oshodi adjourned the case until December 17, 2026, for continuation of the cross-examination of the EFCC investigator.
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