Former CBN Governor Godwin Emefiele has made fresh allegations against the Department of State Services (DSS), claiming he was tortured and held incommunicado for 157 days before making statements now being used against him in his ongoing $4.5 billion fraud trial.

The courtroom drama surrounding former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, took another twist as he asked the Special Offences Court in Ikeja, Lagos, to throw out five statements he allegedly made while in the custody of the Department of State Services (DSS).

According to Emefiele, the statements were not made voluntarily. He claimed they were obtained after he was kept incommunicado for 157 days and subjected to both physical and psychological torture.

The issue has now become a major point of contention in his ongoing trial alongside co-defendant Henry Omoile, who is facing a 19-count charge of alleged money laundering and fraud.

The Economic and Financial Crimes Commission (EFCC) accused Emefiele of receiving $17.1 million through an intermediary, Monday Osazuwa, as gratification for facilitating foreign exchange allocations during his time as CBN Governor.

The disagreement began when the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), attempted to tender five statements allegedly made by Emefiele on 26, 27 and 30 October, as well as 1 and 2 November 2023.

However, Emefiele's lawyer, Olalekan Ojo (SAN), strongly objected, insisting that the statements were obtained under oppressive conditions while his client remained in DSS custody.

He cited the Anti-Torture Act 2017 and relevant sections of the Evidence Act, arguing that prolonged detention amounted to cruel, inhuman and degrading treatment. According to him, any statement obtained under such circumstances should be declared inadmissible unless the prosecution can prove it was made voluntarily.

Ojo also argued that the most reliable way to establish whether the statements were voluntary would be through video recordings of the interrogations. Since no such recordings were produced, he described the statements as "poisoned fruits" and urged the court to either reject them outright or conduct a trial-within-trial to determine their admissibility.

The prosecution disagreed.

Oyedepo argued that there was no need for a trial-within-trial because the statements were not confessional and did not amount to admissions of the allegations before the court.

Interestingly, the prosecution voluntarily withdrew the statement dated 26 October 2023, while maintaining that the decision had nothing to do with the defence's allegations of torture or oppression.

He asked the court to admit the remaining statements made on 27 and 30 October, as well as 1 and 2 November 2023, insisting that the Anti-Torture Act did not require a trial-within-trial in the circumstances.

Earlier in the proceedings, the EFCC's eighth witness, investigator Alvan Gurumnaan, testified that the statements were recorded in the presence of Emefiele's lawyer.

The court also granted an application by the second defendant, Henry Omoile, seeking leave to appeal an earlier ruling after the prosecution raised no objection.

Justice Rahman Oshodi subsequently adjourned the case until 9 July 2026, when he is expected to rule on whether the disputed statements will be admitted as evidence.

The judge also fixed 6, 7 and 8 October, as well as 11, 12 and 13 November 2026, for the continuation of the substantive trial.

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