The Federal Capital Territory High Court in Abuja has scheduled March 7, 2025, to deliver a ruling on the admissibility of statements made by former Central Bank of Nigeria (CBN) Governor Godwin Emefiele while in the custody of the Economic and Financial Crimes Commission (EFCC). The decision will determine whether these statements can be used as evidence in the ongoing N4.5 billion fraud trial against Emefiele.
Background of the Case
Justice Hamza Muazu set the date after hearing arguments from both the prosecution and defense on Tuesday. Emefiele is facing a 20-count charge bordering on alleged fraud and corruption, amounting to N4.5 billion. The EFCC has accused him of using his position as CBN governor to award contracts to his wife and other associates, among other allegations.
The statements in question were allegedly made by Emefiele while he was under investigation by the EFCC. The prosecution, led by EFCC counsel Rotimi Oyedepo, is seeking to tender these statements as evidence. However, Emefiele's legal team, led by Senior Advocate of Nigeria (SAN) Olalekan Ojo, has objected, arguing that the statements were obtained under duress and without legal representation.
Arguments by the Defense
Ojo contended that Emefiele was not given access to his lawyer when he made the statements, violating his constitutional right to a fair hearing. He further argued that the statements were not voluntary, as Emefiele was subjected to psychological pressure and intimidation by EFCC operatives. The defense also referenced Section 29 of the Evidence Act, which states that a confession is not admissible if it was obtained by oppression or inducement.
According to Ojo, "The statements were made under circumstances that render them inadmissible. Our client was denied access to legal counsel, and the conditions of his detention were such that he could not have made those statements freely."
Prosecution's Response
In contrast, Oyedepo maintained that the statements were made voluntarily and in compliance with the law. He argued that Emefiele was informed of his rights before making the statements and that he chose to waive his right to a lawyer. The prosecution also presented witnesses who testified that Emefiele was treated humanely during his detention.
Oyedepo said, "The defendant was not coerced or induced in any way. He made the statements of his own free will, and they should be admitted as evidence to help the court arrive at a just conclusion."
Legal Implications
The ruling on admissibility is crucial, as it could significantly impact the trial's outcome. If the court admits the statements, they could be used to strengthen the prosecution's case. Conversely, if they are excluded, the EFCC may need to rely on other evidence, potentially weakening its case.
Legal experts note that the admissibility of statements made in custody is a contentious issue in Nigerian jurisprudence. The courts have consistently held that confessions obtained under duress or in violation of a suspect's rights are inadmissible. The burden of proof lies with the prosecution to demonstrate that the statements were made voluntarily.
What Happens Next
Justice Muazu has fixed March 7 for the ruling, after which the trial will proceed. Emefiele remains on bail, which was granted by the court in January 2025. The case has attracted significant public attention, given Emefiele's former role as the head of Nigeria's central bank and the magnitude of the alleged fraud.
The EFCC has also filed separate charges against Emefiele in other courts, including allegations of illegal possession of firearms and abuse of office. However, the N4.5 billion fraud case is the most prominent, with potential implications for Nigeria's financial sector and anti-corruption efforts.
