$4.5bn fraud: Emefiele challenges admissibility of EFCC statements, alleges torture

FORMER Governor of the Central Bank of Nigeria, Mr Godwin Emefiele, on Friday challenged the admissibility of statements the Economic and Financial Crimes Commission (EFCC) is seeking to tender against him in his ongoing trial over an alleged $4.5 billion and N2.8 billion fraud and abuse of office.

Appearing before Justice Rahman Oshodi of the Lagos State High Court, Emefiele’s lead counsel, Olalekan Ojo (SAN), argued that the statements were extracted under oppressive, inhumane and torturous conditions while his client was in EFCC custody.

According to Ojo, Emefiele was held incommunicado for more than 157 days before the statements were taken, making them involuntary and therefore inadmissible.

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“The objection is predicated on the provisions of the Evidence Act and the Anti-Torture Act,” Ojo told the court.

He further argued that Section 4 of the Anti-Torture Act bars the admission of any confession or statement obtained through torture or other forms of cruel, inhuman or degrading treatment.

“These statements are products of acts intended to force the first defendant to say what he did not intend to say, having been held incommunicado for over 157 days in EFCC custody,” the senior advocate submitted.

Ojo maintained that the prosecution bears the legal burden of proving that every statement it seeks to rely on was made voluntarily and free from any form of oppression.

“It is a fundamental requirement that any statement sought to be admitted in evidence must have been made voluntarily and not under oppression,” he added.

The issue arose after the Director of Public Prosecutions of the Federation, Mr Rotimi Oyedepo (SAN), attempted to tender the statements through the fourth prosecution witness, Alvan Ikoku.

While giving evidence, Ikoku told the court that the EFCC invited Emefiele for questioning and recorded statements from him on different dates, including October 26 and 27, 2023.

Following the testimony, the defence requested a trial-within-trial to determine whether the statements were voluntarily made before the court could decide on their admissibility.

In response, Oyedepo withdrew the statement dated October 26, 2023, explaining that it contained only Emefiele’s personal identification details. With no objection from the defence, Justice Oshodi struck out the document.

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However, the prosecution opposed holding a trial-within-trial for the remaining statements, arguing that they were not confessional in nature and therefore did not require such a procedure.

Oyedepo also contended that the Evidence Act, being the principal legislation governing the admissibility of evidence, should prevail over the Anti-Torture Act on procedural issues.

“The statements are not confessional. Therefore, there is no basis for a trial-within-trial,” he argued, urging the court to expedite proceedings because of the public interest in the matter.

Replying, Ojo insisted that the court must first determine whether the statements were made voluntarily before admitting them into evidence.

He argued that the prosecution had failed to address the defence’s claim that statements allegedly obtained through torture, oppression or dehumanising treatment cannot be admitted.

“The issue of voluntariness can only be resolved through a trial-within-trial. Only after such a mini-trial can the court properly determine whether the statements are admissible,” Ojo submitted.

After hearing arguments from both parties, Justice Oshodi reserved ruling on the admissibility of the statements until July 9, 2026.

The court subsequently adjourned the substantive trial to October 6, 7, 8 and 9, 2026.