Court dismisses Emefiele’s application challenging jurisdiction

The Special Offences Court sitting in the Ikeja area of Lagos State has dismissed the application filed by the former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, challenging the jurisdiction of the court to hear his case.

The Economic and Financial Crimes Commission (EFCC) had filed a 26-count charge against Emefiele for alleged misuse of office, resulting in losses of $4.5 billion and N2.8 billion.

His co-defendant, Henry Omoile, is standing trial on related offences, including unlawful acceptance of gifts.

The presiding judge, Justice Rahman Oshodi, in his ruling on Wednesday, January 8, 2025, held that the court has jurisdiction to try Emefiele on the charge, citing relevant authorities.

Justice Oshodi, therefore, dismissed Emefiele’s application and held that EFCC had established a territorial jurisdiction on counts eight to 26, with various facts in the proof of evidence attached to the case file.

The judge struck out counts one to four of the charge which bothered on abuse of office.

He said the allocation of foreign exchange without bid, which was the subject of counts one to four, was not punishable under the law.

Justice 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.

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“The prosecution has established sufficient territorial nexus in this case.”

The judge, thereafter, held that the case should proceed to trial and adjourned until February 24 for continuation of trial.

Emefiele’s lawyer, Olalekan Ojo (SAN), had on December 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.

The lawyer 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 Star