The Economic and Financial Crimes Commission (EFCC) has told the Special Offences Court in Lagos, that the former Central Bank Governor, Godwin Emefiele’s Co-Defendant, Henry Omoile, voluntarily made his statements in the $4.5 billion fraud trial of the duo.
While Emefiele is standing trial on a 19-count charge bordering on gratification and corrupt demands, Omoile faces a 3-count charge relating to unlawful acceptance of gifts. Both defendants pleaded not guilty.
In a trial-within-trial to determine the voluntariness of the statements made by Omoile, an EFCC operative, Alvan Gurumnaan who took the witness box, said no officer of the Commission coerced the defendant into making any statements.
“The second defendant did not make any statement under duress. Our officers do not force statements through violence or intimidation,” he told the court.
He added that where an allegation of duress is made, the burden lies on the defendant to prove it.
At the last sitting of the court, on October 9, 2025, prosecuting counsel, Rotimi Oyedepo (SAN) sought to tender Omoile’s extra-judicial statements in evidence.
But defence counsel, Adeyinka Kotoye (SAN) objected, insisting the statements were not voluntarily made. Justice Rahman Oshodi subsequently ordered a trial-within-trial.
Gurumnaan, formerly of the Special Operations Unit of EFCC Lagos Zonal Command, narrated how Omoile made the statements at the Commission’s conference room in Block A of the Lagos Directorate, Awolowo Road, Ikoyi.
He described the venue as a large open conference space routinely used by the Special Operations Team.
The witness said he found Omoile’s objection surprising, noting that the defendant arrived at the EFCC office on February 26, 2024, accompanied by the Acting Managing Director of NIBSS and his lawyer, Mr. E. N. Offiong.
“The statements were taken openly. There is no way we could have done that under threat,” he said.
The court admitted four statements—three dated February 26, 2024, and one dated February 27, 2024—as Exhibits 1–4.
Gurumnaan confirmed that Omoile was in custody when he made them.
He said the defendant was duly cautioned before making his statements, noting that the cautionary words were administered by another team member, Mr. Azeez Ajigbotosho.
“The statements were signed by the second defendant. He even wrote, ‘I am making this statement in the presence of my lawyer, Offiong,’” he added.
Although one of the statements did not expressly mention the lawyer’s presence, the witness insisted that Offiong was present on both days and tendered the EFCC visitors’ register as supporting evidence.
Under cross-examination by defence counsel, Senior Advocate of Nigeria, Olalekan Ojo and Kotoye, Gurumnaan admitted that despite it being part of the EFCC’s standard practice, no video recording of the statement taking was made and the signature of the lawyer was also not included in the statement.
He explained that certain operational circumstances sometimes make video recording impossible.
Justice Oshodi has adjourned further hearing in the trial-within-trial to Thursday, January 15, and Friday, January 16, 2026.
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