Justice Rahman Oshodi of the Special Offences Court sitting in Ikeja, Lagos, on Monday held that certain extrajudicial statements made by Henry Omoile, co-defendant to former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, are admissible in court.
Omoile had contested the admissibility of statements he made to the Economic and Financial Crimes Commission (EFCC), alleging that they were obtained through oppression and inducement.
This objection prompted a “trial-within-trial” to determine whether the statements were made voluntarily.
The second defendant is facing a three-count charge relating to the alleged unlawful acceptance of gifts as an agent, while Emefiele is standing trial on a 19-count charge filed by the EFCC, which includes allegations of gratification and corrupt demands during his tenure as CBN Governor. Both defendants have pleaded not guilty to all charges.
At Monday’s hearing, prosecution counsel Chinenye Okezie represented the EFCC, while Labi Lawal, SAN, appeared for the defendants.
In his ruling, Justice Oshodi held that the prosecution successfully established that the statements obtained on February 26, 2024, were made voluntarily and without any form of threat, inducement, or coercion.
“I have carefully considered the evidence presented during the mini trial. The environment was active, and there is no evidence that the second defendant was physically harmed. I am satisfied that the prosecution has proven beyond reasonable doubt that the statement was made voluntarily,” the judge stated.
The court therefore admitted the statements made on February 26, 2024, marked as Exhibits 1–3, ruling that they were not obtained under duress.
However, statements dated February 27, 2024, were rejected on the grounds that they were not taken in the presence of a legal practitioner or captured on video.