Court dismisses Emefiele’s application challenging jurisdiction
By Agency Report
An Ikeja Special Offences Court on Wednesday struck out an application by the former Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, challenging the court’s jurisdiction to hear his case.
The Economic and Financial Crimes Commission (EFCC) had lodged a 26-count charge against Emefiele, alleging misuse of office that reportedly led to losses of $4.5 billion and ₦2.8 billion.
His co-defendant, Henry Omoile, is also being tried on charges of unlawfully accepting gifts and related offences.
Justice Rahman Oshodi ruled that the court has jurisdiction to try Emefiele, referencing legal authorities to support his decision.
The judge dismissed Emefiele’s application, noting that the anti-graft agency had demonstrated sufficient territorial jurisdiction over counts eight to 26 based on the facts provided in the proof of evidence.
However, the court struck out counts one to four of the charges, which deals with allegations of abuse of office related to foreign exchange allocations.
Justice Oshodi clarified that the actions described in those counts were not punishable under the law.
Oshodi said, “Allocation of foreign exchange without reason is not defined as an offence in any written law.
“The objection to counts one to four succeeds and is hereby struck out.
“The objection challenging the court’s territorial jurisdiction over count eight to 26 fails, and is hereby dismissed.
“The prosecution has established sufficient territorial nexus in this case”.
The judge, thereafter, ruled that the case should proceed to trial and adjourned until Feb. 24 for continuation of trial.
The News Agency of Nigeria (NAN) reports that Emefiele’s Counsel, Mr Olalekan Ojo (SAN), had on Dec. 12 2024, argued that the court lacked jurisdiction to hear the case in Lagos.
Ojo contended that the alleged offences, including abuse of office, fell outside the territorial reach of the court.
He said the charge violated Section 36(12) of the Constitution, and asserted that the actions Emefiele was accused of, were not legally recognised offences.
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He stated that the Lagos State House of Assembly did not have legislative authority over matters on the Exclusive Legislative List.
Ojo, therefore, said Section 73 of the Criminal Law of Lagos State, 2011, under which counts one to four were filed, could not apply extra-territorially to any alleged abuse of office by Emefiele.
The learned silk argued that a court’s territorial jurisdiction referred to the geographical area within which its authority could be exercised.
According to him, outside of that territorial jurisdiction, the court can not act.
He urged the court to strike out counts one to four of the 18 amended information filed on April 4, 2024, on the grounds that the offences occurred outside the court’s jurisdiction.
The EFCC Counsel, Mr Rotimi Oyedepo (SAN), in his counter affidavits, had argued that the court had the authority to hear the case.
Oyedepo argued that the alleged offences were economic and financial in nature, therefore, within the jurisdiction of EFCC.
He also added that the evidence in support of the facts, proved Lagos as the appropriate venue for the trial.
Oyedepo further submitted that the subject matter of the charge fell squarely within the court’s jurisdiction, as the offences were committed within the court’s territorial reach.
He argued that the evidence and witness testimonies pointed to Lagos as the proper location for the trial.
He added that the objections raised by Emefiele’s legal team were not substantiated by facts or evidence.
NAN
