The lawyer to the second defendant, Henry Omoile, in the ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, has alleged that the Economic and Financial Crimes Commission (EFCC) attempted to coerce his client into implicating the former apex bank chief.
The lawyer, Nnamdi Offial, made the claim while testifying in a trial-within-trial ordered by Justice Rahman Oshodi to determine the voluntariness of Omoile’s statement to the EFCC.
Though under cross-examination by the prosecution counsel, Rotimi Oyedepo (SAN), Offial admitted that Omoile was cautioned in his presence and signed the cautionary statement.
He told the court that investigators made several promises to his client in a bid to secure incriminating evidence against Emefiele.
Emefiele and Omoile are standing trial on charges of accepting gratification, receiving gifts through agents, corruption, and fraudulent receipt of property.
The EFCC also alleged that the defendants conferred corrupt advantage on their associates, contrary to the Corrupt Practices Act, 2000. Both defendants pleaded not guilty.
At the resumed hearing, Offial said the head of the EFCC team that interrogated Omoile assured him that he would be granted bail and might not be charged at all if he cooperated by providing evidence against the first defendant.
The witness further testified that the interrogation was conducted in a strict question-and-answer format, with Omoile only allowed to write responses once the investigators deemed the verbal answers satisfactory.
“On several occasions, questions were put to the second defendant and he answered, but he was not allowed to write them down because the answers did not conform to what the interrogators wanted him to say. I objected to this many times,” Offial said.
He added that the interrogation session of February 26, 2024, ended with investigators informing him that Omoile would be detained because they were not yet done with him.
Offial recounted that on February 27, 2024, he met his client during another interrogation and questioned why the exercise was being conducted in his absence.
“One David challenged me, asking what right I had to question the manner in which the questions were being taken from the defendant. Tempers rose, and he walked me out of the premises,” he said.
He reported the incident to the head of the investigative team, who advised him to remain in the waiting area. Offial said he was not allowed to render legal services to his client again until about 8pm, when Omoile was returned to the detention centre.
Offial further testified that he was later informed that his client had refused to cooperate with investigators and would therefore not be released, prompting him to apply for bail from the EFCC zonal head.
Omoile was detained for 21 days before filing a fundamental rights enforcement suit at the Federal High Court, Lagos.
Justice Muslim Hassan granted bail but ordered that he be remanded at the Ikoyi Correctional Centre pending perfection of bail conditions.
Under cross-examination, Offial admitted that he participated in the statement-taking process and was aware that whatever his client wrote could be used against him in court.
He also confirmed that he did not lodge any formal complaint against the EFCC over the alleged conduct, and that the court in the fundamental rights suit did not find the EFCC guilty of misconduct.
Justice Oshodi subsequently adjourned the matter to January 16 for continuation of the hearing.
