Emefiele’s $4.5bn fraud trial: EFCC insists co-defendant’s statements made voluntarily
Emefiele’s $4.5bn fraud trial: EFCC insists co-defendant’s statements made voluntarily
The Economic and Financial Crimes Commission (EFCC) on Tuesday defended its interrogation methods at the Special Offences Court in Ikeja, Lagos, insisting that the statements made by Henry Omoile, co-defendant to former Central Bank Governor, Godwin Emefiele, were given freely and without duress.
The testimony was a key part of a trial-within-trial ordered by the court presided over by Justice Rahman Oshodi, which is aimed at ascertaining the voluntariness of Omoile’s extra-judicial statements before they can be admitted as evidence in the substantive $4.5 billion fraud case.
Emefiele is currently facing a 19-count charge bordering on corrupt demands and gratification, while Omoile is charged with three counts relating to the unlawful acceptance of gifts.
But both defendants had pleaded not guilty to the charges.
In his testimony before the court during the trial-within-trial, the prosecution witness, who is an operative with the EFCC, Alvan Gurumnaan, refuted the defence’s claims.
“The second defendant did not make any statement under duress. Our officers do not force statements through violence or intimidation,” Gurumnaan told the court.
He emphasised that the burden of proving duress lies squarely with the defendant.
It would be recalled that the objection leading to the trial-within-trial was raised by the defence counsel, Kotoye Adeyinka (SAN), at the last sitting on October 9, 2025, after the prosecuting counsel, Rotimi Oyedepo (SAN), sought to tender Omoile’s statements as evidence. Adeyinka had insisted the statements were not voluntarily obtained.
Gurumnaan narrated the circumstances under which the statements were secured, describing the venue as a large, open conference room in the EFCC’s Lagos Directorate.
He expressed surprise at Omoile’s objection, noting that the defendant arrived at the EFCC office on February 26, 2024, in the company of the Acting Managing Director of NIBSS and his own lawyer, Mr E. N. Offiong.
“The statements were taken openly. There is no way we could have done that under threat,” he testified, confirming that Omoile was duly cautioned by another team member, Mr Azeez Ajigbotosho.
The court admitted the four contested statements — three dated February 26, 2024, and one dated February 27, 2024, as Exhibits 1 to 4.
Gurumnaan confirmed Omoile was in custody when he made them and that the defendant signed the documents, explicitly writing, “I am making this statement in the presence of my lawyer, Offiong,” on at least one of them.
The witness insisted the lawyer was present on both days, tendering the EFCC visitors’ register as corroborating evidence.
However, under cross-examination by defence counsel Olalekan Ojo (SAN) and Adeyinka (SAN), Gurumnaan admitted that despite being part of standard EFCC practice, no video recording was made during the statement-taking, explaining that certain operational circumstances sometimes make video recording impossible.
Justice Oshodi adjourned further hearing in the trial-within-trial to Thursday, January 15, and Friday, January 16, 2026.
