Emefiele Challenges EFCC In Court Over Alleged Torture

According to Ireporter Online, former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, on Friday, challenged the admissibility of a set of statements being presented by the Economic and Financial Crimes Commission (EFCC) in his ongoing trial over alleged $4.5 billion fraud and ₦2.8 billion abuse of office charges.

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

The defence counsel argued that the statements were not made voluntarily, alleging that the former CBN governor was held incommunicado for over 157 days before the statements were taken. He maintained that their admission would violate provisions of the Evidence Act and the Anti-Torture Act, which prohibits the use of statements obtained through torture or inhumane treatment in court.

Ojo further told the court that the statements were products of coercion aimed at forcing Emefiele to make admissions he did not willingly give, insisting that their admissibility could only be determined through a trial-within-trial to establish voluntariness.

The issue arose after the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), sought to tender the statements through the fourth prosecution witness, Alvan Ikoku, who testified that Emefiele was invited for questioning and made statements on October 26 and 27, 2023.

However, the prosecution later withdrew the statement dated October 26, 2023, noting that it only contained the defendant’s identification details. The defence did not object, and the court struck it out.

The prosecution opposed the request for a trial-within-trial regarding the remaining statements, arguing that they were not confessional in nature and therefore did not require such a procedure. Oyedepo further maintained that the Evidence Act takes precedence over the Anti-Torture Act in matters relating to admissibility of evidence, urging the court to proceed with the trial without delay due to public interest considerations.

In response, Emefiele’s counsel insisted that the court must first determine whether the statements were voluntarily made, stressing that allegations of torture and prolonged detention necessitated a trial-within-trial before any admissibility ruling could be reached.

After hearing submissions from both sides, Justice Oshodi adjourned ruling on the admissibility of the disputed statements until July 9, 2026, while the substantive trial was fixed for October 6, 7, 8, and 9, 2026.