Emefiele Trial Adjourned as Lawyers Clash Over Statement Admissibility

Emefiele

Proceedings in the trial of former Central Bank of Nigeria Governor, Godwin Emefiele, were disrupted on Friday following a heated exchange between prosecution and defence counsel at the Ikeja Special Offences Court.

Presiding judge, Rahman Oshodi, subsequently adjourned the matter to May 4, 2026, after both parties presented their final written submissions in a trial-within-trial.

At the centre of the dispute is whether an extra-judicial statement attributed to co-defendant, Henry Omoile, was made voluntarily.

Emefiele is facing a 19-count charge bordering on alleged gratification, abuse of office, and corrupt demands tied to financial transactions during his tenure at the apex bank. Omoile, meanwhile, is standing trial on a separate three-count charge over alleged unlawful receipt of gifts connected to dealings involving the Central Bank.

The prosecution stated that the case involves transactions estimated at $4.5 billion and N2.8 billion.

During the hearing, defence counsel Adeyinka Kotoye, representing the second defendant, argued that the key issue before the court was whether the statement was obtained voluntarily. He contended that the process used did not comply with provisions of the Administration of Criminal Justice Law and Act.

Kotoye stressed that in cases where voluntariness is disputed, video recording of the interrogation is crucial to establish adherence to due process. He further questioned the credibility of the alleged confession, pointing out the absence of independent evidence and raising concerns about the role of the legal practitioner reportedly present during the session. He suggested that coercion or inducement could not be ruled out.

Counsel to Emefiele, Olalekan Ojo, aligned with this position, urging the court to reject the statement. He argued that any uncertainty surrounding the voluntariness of a statement should be resolved in favour of the accused, citing provisions of the Evidence Act. He added that once voluntariness is challenged, the burden shifts to the prosecution to prove otherwise.

However, the prosecution, led by Rotimi Oyedepo, opposed the defence arguments. He maintained that the defence had no basis to challenge the admissibility of the statement at that stage, describing such action as an abuse of court process.

Oyedepo acknowledged that the statement was not video recorded but insisted it was taken in the presence of the defendant’s counsel and in line with due process. He further argued that the content of the statement indicated it was made willingly, noting that the second defendant neither implicated Emefiele nor admitted to the alleged offences.

He dismissed claims of intimidation, stating that the process involved multiple individuals and that the defendant was duly cautioned before making the statement.

After hearing both sides, Justice Oshodi fixed May 4, 2026, to deliver a ruling on the admissibility of the statement. He also scheduled June 26 and June 30, 2026, for the continuation of the substantive trial.

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