The ongoing mini-trial in the alleged $4.5 billion and N2.8 billion fraud case involving a former Central Bank Governor, Godwin Emefiele, continued on Friday at the Lagos State Special Offences Court sitting in Ikeja, with the second defendant insisting that his statements to the Economic and Financial Crimes Commission (EFCC) were not voluntary.
The second defendant, Henry Omolie, told the court that his statements were obtained under alleged threats, inducement, oppression, undue influence, and intimidation.
Omolie made the claims through written addresses adopted by his counsel, Akinsanya Kotoye (SAN), alongside Emefiele’s counsel, Olalekan Ojo (SAN), before the trial judge, Justice Rahman Oshodi.
The court had earlier ordered a mini-trial to determine whether the statements the prosecution seeks to tender were made voluntarily.
Defence Allegations
The defence argued that Omolie was subjected to trauma and pressure during interrogation.
It further alleged that:
His lawyer was sent out of the interrogation room, denying him access to legal representation.
He was made to write statements on blank A4 sheets, which were later reviewed and rewritten under instruction.
EFCC operatives allegedly promised him freedom if he implicated Emefiele, amounting to inducement.
Kotoye also relied on Section 17(2) of the Administration of Criminal Justice framework, arguing that the absence of video recording of the statement-taking process undermines the reliability and admissibility of the statements.
According to the defence, “One of the major ways of determining voluntariness of a document is the production of video evidence.”
Prosecution’s Position
Prosecuting counsel, Rotimi Oyedepo (SAN), opposed the objections, maintaining that the statements were voluntarily made and in compliance with the law.
He argued that the absence of video recording does not invalidate the statements and insisted that due process was followed during their collection.
Oyedepo further noted that an EFCC witness had already testified that Omolie’s statements were voluntarily made, contradicting the defence’s claims.
At the centre of the mini-trial is whether the disputed statements are admissible in evidence in the main trial.
The defence maintains that:
The prosecution bears the burden of proving voluntariness.
Failure to provide video recording, as supported by Supreme Court jurisprudence, should weigh against admissibility.
The statements, even if admitted, cannot automatically be treated as confessional.
Background of the Charges
Emefiele is facing a 19-count charge bordering on alleged gratification, corrupt demands, and abuse of office connected to large-scale financial transactions.
Omolie, his associate, is standing trial on a three-count charge relating to alleged unlawful acceptance of gifts while acting as an agent in transactions linked to the Central Bank of Nigeria.
The charges stem from alleged transactions estimated at $4.5 billion and N2.8 billion, which the prosecution says reflect serious breaches of fiduciary duty and due process.
Justice Rahman Oshodi adjourned proceedings to May 4, 2026, for ruling on the admissibility of the disputed statements.
