Court Fixes April 17 for Final Addresses in Emefiele Trial-Within-Trial

 

An Ikeja Special Offences Court has fixed April 17 for the adoption of final written addresses in a trial-within-trial involving Henry Omoile, a co-defendant in the ongoing case against former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.

Justice Rahman Oshodi adjourned the case on Friday after the cross-examination of Omoile and directed both the prosecution and defence to file and exchange their written addresses starting from March 23 ahead of the adoption date.

Godwin Emefiele is currently facing a 19-count charge bordering on alleged gratification, corrupt demands and abuse of office linked to large financial transactions.

Omoile, described as his associate, is standing trial on a three-count charge relating to the alleged unlawful acceptance of gifts while acting as an agent in transactions connected to the Central Bank of Nigeria.

The charges involve financial dealings estimated at about 4.5 billion dollars and ₦2.8 billion, which the prosecution says reflect serious breaches of trust and established procedures.

The News Agency of Nigeria (NAN) reports that the trial-within-trial was instituted to determine the voluntariness of a statement allegedly obtained from Omoile during interrogation by investigators of the Economic and Financial Crimes Commission.

During cross-examination by EFCC counsel, Mr Rotimi Oyedepo (SAN), Omoile alleged that he was coerced, threatened and promised freedom by investigators if he complied with their directives.

He told the court that he eventually made false statements after investigators assured him he would be released if he cooperated with them.

However, Oyedepo informed the court that the anti-graft agency had filed a counter-affidavit challenging the claims of coercion, adding that the defence had yet to respond to the affidavit.

Counsel to Omoile, Mr Adeyinka Kotoye (SAN), objected to the prosecution’s position, arguing that the main issue before the court was whether the statement was made voluntarily.

Kotoye maintained that the defence’s objection was based on allegations that Omoile was subjected to threats, coercion and inducement while in the custody of the anti-graft agency.

Earlier, Omoile’s lawyer, Mr Nnamdi Ofia, had during proceedings on Jan. 15 accused the EFCC of attempting to pressure the defendant into implicating Godwin Emefiele during interrogation.

Ofia told the court that investigators allegedly promised Omoile bail and the possibility of not being charged if he provided incriminating evidence against the former CBN governor.

He said the interrogation was conducted in a question-and-answer format and that investigators insisted on receiving “satisfactory” responses before allowing Omoile to record them in his statement.

According to Ofia, some responses from his client were rejected because they did not align with what investigators expected.

He further alleged that tensions rose during the process when he questioned the procedure and was eventually asked to leave the EFCC premises by an officer identified as David.

However, under cross-examination, Ofia admitted that Omoile was cautioned in his presence before making the statement and that he signed the caution form.

He also acknowledged that he participated in the statement-taking process and was aware that whatever his client wrote could be used against him in court.

Ofia further admitted that he did not file any petition or complaint against the EFCC over the alleged misconduct.

He also told the court that a judge who earlier heard a fundamental rights enforcement suit filed on behalf of Omoile did not find the anti-graft agency guilty of wrongdoing.

The court is expected to hear the adoption of final written addresses in the trial-within-trial on April 17.