Lawyer Alleges EFCC Pressured Defendant to Implicate Former Central Bank Governor in $4.5bn Fraud Case

A defence lawyer has alleged that Nigeria's anti-graft agency pressured his client to implicate the former Central Bank of Nigeria governor in a multi-billion dollar fraud case, raising fresh questions about interrogation tactics in one of the country's most significant financial crime prosecutions.

The claims emerged during a "trial-within-trial" at the Lagos State High Court, where Justice Rahman Oshodi is determining whether a statement by second defendant Henry Omoile to the Economic and Financial Crimes Commission (EFCC) was given voluntarily. Omoile and former CBN governor Godwin Emefiele face multiple charges under Nigeria's Corrupt Practices Act, 2000.

Background and Context

The case centres on allegations of a $4.5bn fraud involving gratification, corrupt receipt of property, and conferring improper advantages on associates. Both defendants have pleaded not guilty to the charges, which represent one of the most significant financial crime prosecutions in Nigeria's recent history. The EFCC, established in 2003 to combat economic crime, has faced persistent criticism over its interrogation methods and treatment of suspects.

Key Figures and Entities

According to court testimony, Mr Nnamdi Offial, counsel to Henry Omoile, told Justice Oshodi that EFCC investigators offered his client "multiple promises" including bail and the possibility of avoiding charges if he cooperated by providing incriminating information against Emefiele. The former central bank governor, who led Nigeria's monetary policy from 2014 until his suspension in June 2023, has faced numerous investigations since leaving office.

Offial recounted specific incidents during the interrogation process, claiming that on February 26, 2024, questions were put to Omoile in a question-and-answer format where answers had to conform to investigators' expectations before being written down. "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," Offial testified.

Legal and Financial Mechanisms

The alleged pressure tactics included what Offial described as a confrontational approach by investigators. He claimed that on February 27, 2024, when he questioned why his client was being interrogated in his absence, an officer identified only as Davide ordered him from the premises. The lawyer alleged that despite reporting the incident to the interrogation team's head, he was denied access to his client until 8pm that evening.

Omoile was subsequently detained for 21 days before filing a fundamental rights enforcement suit at the Federal High Court in Lagos. While Justice Muslim Hassan granted bail, he ordered that Omoile be remanded at the Ikoyi Correctional Centre until bail conditions were perfected. Under cross-examination by prosecution counsel Mr Rotimi Oyedepo, SAN, Offial acknowledged that his client had been cautioned in his presence and that he had signed the caution. He also admitted participating in the statement-taking process and awareness that the statements could be used in court.

International Implications and Policy Response

The allegations come amid international scrutiny of Nigeria's anti-corruption efforts and the methods employed by its law enforcement agencies. The case highlights ongoing challenges in ensuring due process while pursuing high-profile financial crime prosecutions. Critics have long argued that the EFCC's investigative techniques sometimes compromise the admissibility of evidence, potentially undermining complex cases that require international cooperation for asset recovery and cross-border enforcement.

The trial-within-trial procedure itself reflects Nigeria's judicial system's attempt to balance effective prosecution with constitutional protections. The outcome of this hearing could set important precedents for how voluntary statements are assessed and may influence future prosecutions of financial crimes involving high-ranking officials.

Sources

This report is based on court proceedings from the Lagos State High Court, testimony from defence counsel Nnamdi Offial, cross-examination by prosecution counsel Rotimi Oyedepo SAN, and filings related to the fundamental rights enforcement suit at the Federal High Court, Lagos. The case stems from charges filed under Nigeria's Corrupt Practices and Other Related Offences Act, 2000.