Justice Rahman Oshodi of the Ikeja Special Offences Court has January 7, 2025, to rule on an application filed by Godwin Emefiele, former Governor of the Central Bank of Nigeria (CBN), challenging the court’s jurisdiction over his case.
Emefiele, facing a 26-count charge filed by the Economic and Financial Crimes Commission (EFCC), is accused of misusing his office, resulting in a loss of $4.5 billion and N2.8 billion.
His co-defendant, Henry Omoile, is also on trial for related charges, including the unlawful acceptance of gifts.
During yesterday’s proceedings, Emefiele’s counsel, Olalekan Ojo SAN, argued that the court lacked jurisdiction to hear the case in Lagos.
He contended that the alleged offences, including abuse of office, fell outside the territorial reach of the Ikeja Special Offences Court.
Ojo further argued that the charges violated Section 36(12) of the Constitution, asserting that the actions Emefiele is accused of were not legally recognized offences.
Ojo emphasized that since the Lagos State House of Assembly does not have legislative authority over matters on the Exclusive Legislative List, Section 73 of the Criminal Law of Lagos State 2011 under which Counts 1 to 4 were filed, cannot apply extraterritorially to any alleged abuse of office by Emefiele.
He argued that a court’s territorial jurisdiction refers to the geographical area within which its authority can be exercised, and outside of this area, the court cannot act.
Ojo also urged the court to strike out Counts 1 to 4 of the 18 amended information filed on April 4, 2024, on the grounds that the offences occurred outside the court’s jurisdiction.
In response, EFCC counsel Rotimi Oyedepo SAN maintained that the court had the authority to hear the case.
He argued that the alleged crimes were economic and financial in nature, within the EFCC’s jurisdiction, and that evidence supported Lagos as the appropriate venue for the trial.
Oyedepo further asserted that the subject matter of the charges 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 and that the objections raised by Emefiele’s legal team were not substantiated by the facts or evidence.
After hearing arguments from both parties, Justice Oshodi adjourned the matter and fixed January 7, 2025, for ruling.
Daily Sun