The Economic and Financial Crimes Commission has been accused of attempting to coerce a defendant in the ongoing $4.5bn fraud trial of a former Governor of the Central Bank of Nigeria, Godwin Emefiele, into implicating the ex-apex bank chief.
The allegation was made on Thursday at the Lagos State High Court, Ikeja, by a defence lawyer, Mr Nnamdi Offial, while testifying in a trial-within-trial ordered by Justice Rahman Oshodi to determine whether a statement made by the second defendant, Henry Omoile, to the EFCC was given voluntarily.
Omoile, alongside Emefiele, is standing trial on multiple counts bordering on corruption, receiving gratification, fraudulent receipt of property and conferring corrupt advantage, contrary to the Corrupt Practices and Other Related Offences Act, 2000. Both men have pleaded not guilty to the charges.
Led in evidence, Offial told the court that EFCC investigators allegedly made several promises to his client, including bail and the possibility of not being charged, if he cooperated by providing incriminating statements against Emefiele.
According to the lawyer, Omoile informed him that the head of the EFCC interrogation team assured him of leniency if he agreed to implicate the former CBN governor.
Offial further alleged that the interrogation sessions were conducted in a restrictive question-and-answer format, with investigators refusing to allow Omoile to write down answers that did not align with what they wanted.
“Questions were put to the second defendant, and he answered them, but he was not allowed to write his responses because they did not conform to what the interrogators wanted him to say. I objected to this many times,” the lawyer told the court.
He said the February 26, 2024, interrogation ended with EFCC officers informing him that his client would be detained as they were “not done” with him.
Offial also narrated that the following day, February 27, he discovered that his client was being interrogated in his absence, a development that reportedly led to a confrontation with an EFCC officer identified as Davide, who allegedly ordered him out of the premises.
“I reported the incident to the head of the team, who asked me not to worry and to sit in the waiting area. I was not allowed to render services to my client until about 8pm, when he was returned to the detention centre,” he said.
The defence lawyer added that he later learnt Omoile was being detained for refusing to cooperate with investigators, prompting him to apply for bail from the EFCC zonal head.
He told the court that Omoile was detained for 21 days before he filed a fundamental rights enforcement suit at the Federal High Court in Lagos.
While the court granted bail, it ordered that the defendant be remanded at the Ikoyi Correctional Centre pending the fulfilment of bail conditions.
However, under cross-examination by the prosecution counsel, Mr Rotimi Oyedepo (SAN), Offial admitted that Omoile was cautioned in his presence and that he signed the cautionary statement.
He also conceded that he participated in the statement-taking process and was aware that whatever his client wrote could be used against him in court.
The lawyer further admitted that he did not petition the EFCC over the alleged conduct of its officers and that the Federal High Court did not find the anti-graft agency guilty of any misconduct in the fundamental rights suit.
He also acknowledged that his client was not harassed in his presence during interrogation.
Justice Oshodi subsequently adjourned the matter till Friday, January 16, for the continuation of the trial-within-trial.
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