An Ikeja Special Offences Court on Friday fixed July 9 to rule on the admissibility of statements by a former CBN Governor, Godwin Emefiele.
Mr Emefiele is facing a 19-count charge involving alleged gratification, corrupt demands, and abuse of office.
His associate, Henry Omoile, is also standing trial on three counts bordering on alleged unlawful acceptance of gifts.
The charges relate to alleged transactions involving $4.5 billion and ₦2.8 billion, according to the prosecution.
Justice Rahman Oshodi adjourned the matter after Mr Emefiele’s counsel objected to the statements’ admissibility.
The Counsel to Mr Emefiele, Olalekan Ojo (SAN), argued that the statements were not voluntarily obtained.
He alleged that the statements were extracted through oppression, physical and mental torture during detention.
Mr Ojo claimed Mr Emefiele was held by the State Security Service for over 157 days.
He relied on the Anti-Torture Act, 2017, and relevant provisions of the Evidence Act.
The senior lawyer said the statements were involuntary and should therefore be rejected by the court.
Mr Ojo stated, “The issue before this honourable court is whether the statements credited to the first defendant were made voluntarily.”
He argued that video recordings of interrogations were the most reliable proof of compliance with due process.
“Where voluntariness is challenged, a video recording remains the most reliable means,” he added.
Mr Ojo said the absence of recordings made the statements unreliable and inadmissible.
He also questioned the lack of independent evidence supporting the alleged confessional statements.
The defence counsel further challenged the role of the lawyer who witnessed the interviews.
He urged the court to reject the statements and resolve any doubt in Mr Emefiele’s favour.
However, the prosecution disagreed with the defence arguments during proceedings.
The Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), called an EFCC investigator as a witness.
The witness, Alvan Gurumnaan, said Mr Emefiele was invited for questioning with his lawyer present.
Mr Gurumnaan told the court that the interviews were conducted in the presence of Mr Emefiele’s legal representative.
He said the prosecution withdrew a statement dated October 26, 2023, voluntarily.
The prosecution sought to tender statements made on October 27, October 30, November 1, and November 2, 2023.
“If the defence does not want that statement, we are prepared to withdraw it,” Mr Gurumnaan said.
He added that the withdrawal was not because the statement was obtained through torture.
Mr Oyedepo argued that there was no basis for a trial-within-trial in the matter.
He maintained that the remaining statements did not amount to confessions.
“There is nothing in the defendant’s statements that can be construed as an admission,” Mr Oyedepo stated.
The prosecution urged the court to dismiss the objection and allow the trial to continue.
Earlier, counsel to the second defendant, Adeyinka Kotoye (SAN), raised a pending appeal application.
The prosecution did not oppose the application, and the court granted the request.
“I hereby grant the second defendant leave to appeal the ruling of the court,” Justice Oshodi said.
The judge subsequently adjourned the case until July 9 for ruling on the statements’ admissibility.
(NAN)
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