An Ikeja Special Offences Court on Friday fixed April 17 for the adoption of final addresses in a trial-within-trial involving Henry Omoile, co-defendant with former Central Bank of Nigeria, CBN, governor, Godwin Emefiele.
Emefiele is standing trial on a 19-count charge bordering on alleged gratification, corrupt demands and abuse of office linked to large financial transactions.
Omoile, his associate, faces a three-count charge relating to the alleged unlawful acceptance of gifts while acting as an agent in transactions tied to the CBN.
The charges involve alleged dealings estimated at 4.5 billion dollars and N2.8 billion, which the prosecution says reflect serious breaches of trust and procedure.
On Friday, Justice Rahman Oshodi adjourned the case for the adoption of final written addresses in the trial-within-trial, following the cross-examination of Omoile.
Oshodi directed both parties to file and exchange their written addresses from March 23, ahead of the adoption date.
The News Agency of Nigeria (NAN) reports that the trial-within-trial was instituted to determine the voluntariness of the statement obtained from Omoile during interrogation by EFCC investigators.
During cross-examination by EFCC counsel, Mr Rotimi Oyedepo (SAN), Omoile alleged that he was coerced, threatened and promised freedom if he complied with directives from EFCC operatives.
He told the court that he eventually made false statements due to assurances from investigators that he would be released if he cooperated with them.
Oyedepo informed the court that the anti-graft agency had filed a counter-affidavit challenging the claims made by the defendant regarding the alleged coercion.
However, he said the defence had yet to respond to the affidavit.
Counsel to Omoile, Mr Adeyinka Kotoye (SAN), objected to the prosecution’s position on the grounds that the central issue before the court was whether the statement was made voluntarily.
He maintained that the defence’s objection was based on allegations that the defendant was subjected to threats, coercion and inducements while in the custody of the anti-graft agency.
NAN reports that Omoile’s lawyer, Mr Nnamdi Ofia, had in the trial-within-trial on Jan. 15 accused the EFCC of attempting to put pressure on the defendant to implicate Emefiele during interrogation.
Ofia, who testified during the trial-within-trial, alleged that investigators promised Omoile bail and the possibility of not being charged if he provided incriminating evidence against Emefiele.
He told the court that investigators had conducted the interrogation in a question-and-answer format and insisted that Omoile provide “satisfactory” responses before allowing him to write them on his statement sheet.
According to Ofia, some answers given by his client were rejected because they did not align with what investigators wanted.
He further alleged that tensions escalated during the interrogation when he questioned the process and was eventually asked to leave the EFCC premises by an officer identified as David.
However, under cross-examination, Ofia admitted that Omoile was cautioned in his presence before making his statement and that he signed the caution form.
He also acknowledged that he participated in the statement-taking process and was aware that whatever his client wrote could be used against him in court.
Ofia further admitted that he did not file any petition or complaint against the EFCC over the alleged misconduct.
He also said that the judge who earlier heard a fundamental rights enforcement suit filed on behalf of Omoile did not find the anti-graft agency guilty of wrongdoing.
NAN reports that final addresses in the trial-within-trial will be adopted on April 17.
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