The attorney for Henry Omoile, the second defendant in the ongoing trial of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, has alleged that the Economic and Financial Crimes Commission (EFCC) sought to coerce his client into implicating the former governor.
Nnamdi Offial, the lawyer, made this assertion while giving evidence in a trial-within-trial convened by Justice Rahman Oshodi to assess the voluntariness of Omoile’s statements to the EFCC.
During cross-examination by the prosecuting attorney, Rotimi Oyedepo (SAN), Offial conceded that Omoile had been cautioned in his presence and had signed the cautionary statement.
He informed the court that EFCC investigators made numerous promises to his client in an effort to obtain incriminating evidence against Emefiele.
Both Emefiele and Omoile are facing charges for accepting bribes, receiving gifts through intermediaries, corruption, and the fraudulent acquisition of property.
The EFCC further accused the defendants of conferring corrupt advantages on their associates, in violation of the Corrupt Practices Act of 2000. Both individuals have pleaded not guilty to the charges.
As the hearing resumed, Offial stated that the lead investigator assured Omoile that he would be granted bail and potentially avoid charges entirely if he cooperated by providing evidence against Emefiele.
The attorney also testified that the interrogation was carried out in a strict question-and-answer format, only allowing Omoile to write down answers after the investigators deemed his verbal responses satisfactory.
“On multiple occasions, questions were put to my client and, while he answered them, he was not permitted to document those responses as they did not align with what the investigators aimed to elicit. I raised objections to this repeatedly,” Offial recounted.
He also noted that the interrogation session on February 26, 2024, concluded with the investigators indicating that Omoile would be held because their inquiries were not yet complete.
In related developments, Offial stated that on February 27, 2024, he confronted the investigative team regarding the lack of his presence during the questioning of his client.
“One David confronted me, questioning the right I had to challenge the manner of questioning aimed at the defendant. There was rising tension, and I was escorted out,” he recalled.
Offial reported the incident to the head of the investigative team, who advised him to remain in the waiting area. Subsequently, he was denied the opportunity to provide legal assistance to his client until around 8 p.m., when Omoile was returned to the detention center.
He further testified that he was later informed that his client declined to cooperate with the investigators and, as a result, would not be released, which led him to apply for bail from the EFCC zonal director.
Omoile was held for a total of 21 days before initiating a fundamental rights enforcement action at the Federal High Court in Lagos. Justice Muslim Hassan granted bail but instructed that he should be confined at Ikoyi Correctional Centre until bail conditions were met.
During cross-examination, Offial acknowledged that he was part of the statement-taking process and knew that anything his client wrote could potentially be used against him in court. He also affirmed that he had not lodged any formal complaint against the EFCC regarding the alleged misconduct and that the court did not find the EFCC guilty of any wrongdoing in the fundamental rights matter.
Justice Oshodi then adjourned the hearing to January 16 for the next session.
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