A special offences court in Ikeja has adjourned proceedings in the trial of former Central Bank of Nigeria governor Godwin Emefiele until 4 May 2026, when it will rule on whether a key extra-judicial statement by a co-defendant can be admitted in evidence.
Justice Rahman Oshodi fixed the date after lawyers for both sides adopted their final written addresses in a trial-within-trial to determine whether the statement attributed to Henry Omoile was made voluntarily.
Emefiele is facing a 19-count charge relating to alleged gratification, corrupt demands and abuse of office tied to financial transactions, while Omoile is standing trial on three counts over the alleged unlawful acceptance of gifts linked to dealings involving the apex bank. Prosecutors claim the transactions involve about $4.5bn and N2.8bn.
Counsel to the second defendant, Adeyinka Kotoye (SAN), told the court that the central issue was whether the statement was freely given, arguing that the process breached provisions of both the Administration of Criminal Justice Law and Act. He maintained that where voluntariness is disputed, video recording of interrogations is essential to establish compliance with due process.
Kotoye further criticised the prosecution for failing to provide independent corroboration and questioned the effectiveness of the legal representation said to have been present when the statement was taken. He suggested the possibility of coercion or inducement.
Olalekan Ojo (SAN), representing Emefiele, urged the court to reject the statement, arguing that any doubt about its voluntariness must be resolved in favour of the accused. Citing the Evidence Act, he said statements obtained through oppression or improper means are inadmissible, adding that the prosecution had failed to discharge the burden of proof once voluntariness was challenged.
But the director of public prosecutions, Rotimi Oyedepo, pushed back, contending that the defence could not challenge the admissibility of a statement it did not object to at the point it was tendered, describing the move as an abuse of court process.
Oyedepo insisted the statement was lawfully obtained, noting that although it was not video-recorded, it was taken in the presence of counsel. He argued that its contents — including the co-defendant’s refusal to implicate Emefiele — underscored its voluntary nature.
He also dismissed allegations of intimidation, saying the defendant was cautioned, signed the relevant forms and made the statement in the presence of multiple individuals.
Justice Oshodi subsequently adjourned for ruling, with the substantive trial scheduled to resume on 26 and 30 June 2026.
