An Ikeja Special Offences Court has slated May 4 to deliver its ruling in a trial-within-trial concerning Henry Omoile, a co-defendant in the ongoing prosecution of former Central Bank of Nigeria governor, Godwin Emefiele.
Omoile is contesting the voluntariness of statements he made to the Economic and Financial Crimes Commission, which form part of the evidence in the case against Emefiele, who is facing a 19-count charge bordering on alleged abuse of office, gratification and corrupt demands.
The charges stem from financial transactions running into $4.5bn and N2.8bn, which the prosecution described as significant violations of due process and public trust.
Omoile, on his part, is standing trial on three counts linked to the alleged unlawful receipt of benefits while acting as an agent in transactions associated with the apex bank.
At Friday’s proceedings, Justice Rahman Oshodi fixed the date for ruling after parties adopted their final written addresses on the admissibility of the disputed statements.
Counsel to Omoile, Adeyinka Kotoye (SAN), urged the court to reject the prosecution’s position, arguing that the absence of video recordings of his client’s interrogation contravened provisions of the Administration of Criminal Justice Law.
He maintained that where the voluntariness of a statement is challenged, electronic recording of the process is critical to establishing compliance with the law. Kotoye further told the court that his client had alleged being pressured into making the statements with promises of release.
Lead counsel to Emefiele, Olalekan Ojo (SAN), aligned with the submissions, insisting that the burden lay on the prosecution to prove that the statements were obtained voluntarily.
He cited relevant provisions of the Evidence Act, stressing that statements allegedly procured through inducement or coercion should not be admitted.
However, prosecuting counsel, Rotimi Oyedepo (SAN), countered that the defence’s objections were unfounded, describing them as an abuse of court process.
He argued that the statements were made voluntarily and in the presence of Omoile’s legal representative.
Oyedepo also contended that the content of the statements undermined claims of coercion, noting that the defendant did not implicate Emefiele in any wrongdoing.
The trial-within-trial was initiated to enable the court determine whether the statements in question were obtained in line with legal requirements before they can be admitted as evidence.
Proceedings in the substantive trial are expected to continue after the court’s ruling.