$4.5bn Fraud: Emefiele Challenges EFCC Statements, Claims They Were Obtained Under Torture

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

Emefiele, through his lead counsel, Olalekan Ojo (SAN), told Justice Rahman Oshodi of the Lagos State High Court that the statements were obtained under oppressive, dehumanising and torturous conditions while he was in EFCC custody.

Ojo argued that the statements were not made voluntarily, alleging that his client was held incommunicado for more than 157 days before making them.

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

He argued that Section 4 of the Anti-Torture Act bars the admission of any confession or statement obtained through torture or other inhumane 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,” he said.

According to the senior advocate, the prosecution bears the burden of proving that any statement sought to be admitted in evidence was made voluntarily and without oppression.

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

The objection followed an attempt by the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), to tender the statements through the fourth prosecution witness, Alvan Ikoku.

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

Following NAIJAONPOINT ’s testimony, Ojo asked the court to conduct a trial-within-trial to determine whether the statements were voluntarily made before ruling on their admissibility.

In response, Oyedepo withdrew the statement dated October 26, 2023, explaining that it only contained Emefiele’s personal identification details.

With no objection from the defence, Justice Oshodi struck out the statement.

The prosecution, however, opposed the request for a trial-within-trial on the remaining statements, arguing that they were not confessional and therefore did not require such proceedings.

Oyedepo also argued that the Evidence Act, being the law specifically regulating the admissibility of evidence, should take precedence over the Anti-Torture Act on procedural issues.

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

Replying, Ojo insisted that the issue of voluntariness must first be determined before the statements could be admitted.

He argued that the prosecution had failed to address the defence’s claim that statements allegedly obtained through torture, oppression or dehumanising treatment were inadmissible.

“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,” he submitted.

After listening to both parties, Justice Oshodi adjourned ruling on the admissibility of the statements until July 9, 2026.

The judge also fixed October 6, 7, 8 and 9, 2026, for the continuation of the substantive trial.