The Economic and Financial Crimes Commission (EFCC) has told the Special Offences Court in Ikeja, Lagos, that Henry Omoile, the second defendant in the ongoing $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, voluntarily made his statements and was not under duress.
Emefiele faces a 19-count charge involving receiving gratification and corrupt demands, while Omoile faces three counts relating to the unlawful acceptance of gifts by an agent. Both defendants have pleaded not guilty.
At proceedings resumed yesterday, EFCC witness Alvan Gurumnaan testified during a trial-within-trial, emphasizing that EFCC officers are trained professionals who do not use threats, violence, or intimidation to extract statements.
“The second defendant did not make any statement under duress. Our officers do not force statements through violence,” Gurumnaan said.
He added that there was no video recording of Omoile’s statements but insisted that it is the defendant’s responsibility to prove duress if claimed.
During the last sitting on 9 October 2025, prosecuting counsel Rotimi Oyedepo (SAN) sought to tender Omoile’s extra-judicial statements as evidence.
This was opposed by the second defendant’s counsel, Adeyinka Kotoye (SAN), who argued that the statements were involuntary.
Consequently, Justice Oshodi ordered a trial-within-trial to determine the voluntariness of the statements.
Gurumnaan, formerly of the EFCC Special Operations Unit in Lagos and now based in Abuja, narrated that Omoile made his statements in the Commission’s conference room on the first floor of Block A, EFCC Lagos Directorate 1, Ikoyi.
He described it as an open, spacious room used by the Special Operations Team.
“EFCC operatives are trained to take statements without threat or duress. The statements were taken openly. There is no way we could have done that under threat,” he said, expressing surprise that Omoile later objected to the statements.
The witness confirmed that Omoile appeared at the EFCC office on 26 February 2024 with the Acting MD of Nigeria Inter-Bank Settlement System Plc (NIBSS) and his lawyer, Mr. E. N. Offiong.
Four statements were admitted as Exhibits 1 to 4 in the mini trial: three were taken on 26 February 2024, and one on 27 February 2024.
Gurumnaan confirmed that Omoile was in custody when making the statements.
“The cautionary words were administered by Mr Azeez Ajigbotosho, a member of my team. The statements were signed by the second defendant. He wrote, ‘I am making this statement in the presence of my lawyer, Offiong,’” Gurumnaan said.
Although one statement did not explicitly reflect the lawyer’s presence, Gurumnaan maintained that Barrister Offiong was present on both days and tendered the EFCC visitors’ register as evidence.
During cross-examination by defence counsels Olalekan Ojo (SAN) and Kotoye Adeyinka (SAN), Gurumnaan admitted that there was no video recording of Omoile’s statements, despite this being part of EFCC’s standard procedure.
He explained that certain circumstances sometimes make video recording impossible but confirmed that he and his team attended to the defendant properly.
After the cross-examination, Justice Oshodi adjourned the continuation of the trial-within-trial to Thursday, 15 January, and Friday, 16 January 2026.
