Court rejects Emefiele’s request to stop his trial, adjourns case to Feb 24, 26
By Jeph Ajobaju, Chief Copy Editor
An application filed by former Central Bank of Nigeria (CBN) Governor Godwin Emefiele at the Lagos State Special Offences Court to stop his trial for lack of jurisdiction over alleged $4.5 billion and N2.8 billion fraud against him has been dismissed by the court.
Judge Rahman Oshodi held that the court has jurisdiction to try Emefiele and co-defendant Henry Omoile in the charges brought by the Economic and Financial Crimes Commission (EFCC).
The Judge, however, struck out four of the 26 counts for lack of jurisdiction.
“Allocation of foreign exchange without reason is not defined as an offence under any written law. The objection to counts one to four succeeds and is hereby struck out,” Oshodi explained.
“The objection challenging the court’s territorial jurisdiction over counts eight to 26 fails and is hereby dismissed.
“The prosecution has established sufficient territorial nexus in this case.”
The EFCC had arraigned Emefiele on 26 charges comprising abuse of office and illegal allocation of $4.5 billion and N2.8 billion.
At the last hearing on 12 December 2024, Emefiele’s lawyer Olalekan Ojo, SAN argued that the court lacked jurisdiction to hear the case in Lagos because the alleged offences, including abuse of office, fell outside the territorial reach of the Lagos Special Offences Court.
Ojo also argued that:
- The charges violates Section 36(12) of the Constitution as the alleged offences are not legally recognised under Nigerian law.
- 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 one to four were filed, could not apply extraterritorially to the alleged abuse of office by Emefiele.
- A court’s territorial jurisdiction is limited to the geographical area within which its authority can be exercised, and urged the court to strike out counts one to four of the amended charges filed by the EFCC on 4 April 2024.
EFCC counsel Rotimi Oyedepo, SAN countered that the court has jurisdiction to hear the case as the alleged crimes are economic and financial in nature, making them fall within the jurisdiction of the EFCC.
Besides, Oyedepo stressed:
- Substantial evidence supports Lagos as the appropriate venue for the trial.
- The subject matter of the charges clearly fall within the court’s jurisdiction since the offences were committed within its territorial reach.
- Evidence and witness testimonies pointed to Lagos as the proper location for the trial and the objections raised by Emefiele’s legal team lack factual or evidential support.
The court initially adjourned the case until January 7 for a ruling on the application challenging its jurisdiction, but the ruling was not ready on that date, which shifted the adjournment until January 8.
The case was on Wednesday adjourned to February 24 and 26 for continuation of trial.
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