Mixed Ruling as Court Admits One Confessional Statement, Voids Another in Emefiele’s Case

Wale Igbintade

The Lagos State Special Offences Court sitting in Ikeja on Monday delivered a split ruling on the admissibility of two extrajudicial statements made by a co-defendant in the ongoing $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, admitting one statement while rejecting the other on the grounds of procedural defects.

Trial judge, Justice Rahman Oshodi, ruled that the prosecution had successfully established that the statement made by the second defendant, Henry Omoile, on February 26, 2024, was obtained voluntarily and in compliance with the law.

However, the court declined to admit a second statement dated February 27, 2024, citing failure to meet mandatory legal requirements set by the Supreme Court.

In his ruling, Justice Oshodi held that the prosecution proved beyond reasonable doubt that the earlier statement was not obtained through inducement, threat, or coercion.

“I have carefully considered the evidence presented during the mini-trial. The environment was active, and there is no indication 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 said.

The admitted statement, subsequently marked as Exhibits 1 to 3, is expected to form part of the prosecution’s evidence as the trial progresses.

In contrast, the court rejected the second statement on the grounds of non-compliance with procedural safeguards required in criminal investigations.

Justice Oshodi specifically pointed to the absence of video recording of the interrogation session and the lack of endorsement by the defendant’s legal counsel at the time the statement was taken, both of which are conditions emphasised in relevant Supreme Court decisions to ensure the integrity and voluntariness of confessional statements.

The ruling followed a mini-trial conducted by the court to determine the admissibility of the contested statements after Omoile challenged their voluntariness.

The defendant had alleged that the statements were obtained under duress by operatives of the Economic and Financial Crimes Commission, prompting the court to suspend the main proceedings and examine the circumstances under which they were made.

While the court’s decision to admit one statement strengthens part of the prosecution’s case, the rejection of the second underscores the judiciary’s insistence on strict adherence to due process, particularly in high-stakes criminal trials.

Omoile is facing a three-count charge bordering on unlawful acceptance of gifts as an agent, while Emefiele is standing trial on a 19-count charge brought by the EFCC, bordering on alleged gratification and corrupt demands during his tenure as CBN governor.

Both defendants have pleaded not guilty to the charges.

Following the ruling, Justice Oshodi adjourned further proceedings to June 26, June 30, and July 6 and 8, 2026, for continuation of trial.