An Ikeja Special Offences Court has fixed May 4 for ruling in a trial-within-trial involving Henry Omoile, a co-defendant with former Central Bank of Nigeria governor, Godwin Emefiele.
Omoile is contesting the voluntariness of two statements he made to the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of Emefiele over alleged abuse of office.
Emefiele is facing a 19-count charge bordering on alleged gratification, corrupt demands and abuse of office linked to major financial transactions.
Omoile, described as his associate, is standing trial on three counts related to the alleged unlawful acceptance of gifts while acting as an agent in transactions tied to the Central Bank of Nigeria (CBN).
The charges involve alleged dealings estimated at $4.5 billion and N2.8 billion, which prosecutors said represent serious breaches of trust and due process.
Justice Rahman Oshodi adjourned the case on Friday after parties adopted their final written addresses in the trial-within-trial.
Earlier, Omoile’s counsel, Adeyinka Kotoye (SAN), urged the court to reject the prosecution’s submissions, arguing that the absence of video recordings of his client’s interrogation violated Sections 9(3) and (4) of the Administration of Criminal Justice Law (ACJL), as well as provisions of the Administration of Criminal Justice Act (ACJA).
He maintained that where voluntariness is disputed, video evidence is essential to verify compliance with due process, adding that his client had testified that EFCC operatives coerced him into making statements with promises of freedom.
Lead counsel to Emefiele, Olalekan Ojo (SAN), aligned with the argument, citing Section 29(2) of the Evidence Act, which renders inadmissible any statement obtained through oppression, inducement or improper means.
Ojo argued that once voluntariness is challenged, the burden shifts to the prosecution to prove that the statement was freely made, insisting that the prosecution failed to discharge that burden.
However, EFCC counsel, Rotimi Oyedepo (SAN), who is also Director of Public Prosecutions at the Federal Ministry of Justice, urged the court to dismiss the defence submissions, describing them as an abuse of court process.
Oyedepo argued that the statements were made voluntarily and in substantial compliance with the law, noting that although they were not video-recorded, they were taken in the presence of Omoile’s lawyer, Nnamdi Offia.
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He added that the content of the statements undermined claims of coercion, as Omoile did not implicate Emefiele in any wrongdoing.
The trial-within-trial was instituted to determine whether the extra-judicial statements made by Omoile to EFCC investigators were voluntary and admissible in court.
Omoile had earlier alleged that he was coerced, threatened and promised freedom by EFCC operatives, claiming he eventually made false statements under pressure.
Justice Oshodi is expected to rule on the admissibility of the statements on May 4.
