$4.5bn Fraud Case: Lawyer Claims EFCC Pressured Omolie to “Cooperate” Against Emefiele

Matilda Omonaiye/

The trial of former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, over an alleged $4.5 billion fraud continued yesterday at the Special Offences Court sitting in Ikeja, Lagos, as a defence witness told the court how officials of the Economic and Financial Crimes Commission (EFCC) allegedly prevented him from participating in the recording of his client’s statement.

The witness, Mr. Nnamdi Ofia, a lawyer to Henry Omolie, the second defendant in the matter, narrated during a trial-within-trial that he was “walked out” of the EFCC office while his client was being interrogated, despite insisting that the statement must be taken in the presence of counsel.

Omolie is standing trial alongside Emefiele in a case bordering on alleged gratification and corrupt demands.

Justice Rahman Oshodi, who is presiding over the matter, had ordered a trial-within-trial after Omolie told the court that the statement tendered by the EFCC was allegedly obtained under duress, raising questions about its voluntariness and admissibility.

Giving evidence, Ofia claimed that the procedure adopted by EFCC investigators was not only unusual but also aimed at extracting statements that suited the agency’s narrative.

According to the witness, trouble started on the second day of interrogation when he arrived at the EFCC office and demanded that Omolie’s statement be taken in his presence.

He said, “On the second day, when I arrived at EFCC office, I said my client statement must be taken in the presence of his lawyer. On enquiry, why that should not be so, one Mr David asked what right do I have to challenge how the statement was taken? I replied that I am his lawyer.”

Ofia told the court that the same EFCC official allegedly walked him out, leaving him shocked by what he described as an improper interrogation process.

The lawyer further testified that he reported the incident to another EFCC official, Mr. Alvan Gurumnaan, who allegedly asked him to sit elsewhere while the interrogation continued.

“There I sat from 10 am till 8 pm. I sat down waiting for the statement being taken from my client, but I was not called,” he told the court.

He added that during the long wait, he made enquiries on how to secure bail for Omolie, but was allegedly told that his client had refused to cooperate and that investigators believed he had “a lot” to reveal about Emefiele.

Ofia, who said he had about 10 years’ experience in legal practice, claimed that his client later narrated what transpired in his absence, including alleged promises made by investigators.
He told the court that the interrogator allegedly assured Omolie of freedom and hinted that he would not be charged if he cooperated against Emefiele.

According to the witness, the effect of such promises, in his view, was to induce Omolie into writing what he did not originally intend to write.

He further alleged that the EFCC investigators insisted on prepared questions and answers, and that Omolie was pressured to respond in a manner that suited the agency.

“He was interrogated by close end questions and answers. He was asked to answer questions the way that suits the officials of EFCC,” Ofia said.

Emefiele is facing a 19-count charge bordering on receiving gratification and corrupt demands, while Omolie is standing trial on a three-count charge relating to the unlawful acceptance of gifts by an agent.
Both defendants have pleaded not guilty to the charges.

Justice Oshodi adjourned further hearing until today, as the court continues to determine the admissibility of the statement in dispute and the credibility of the claims of duress.