The Lagos State Special Offences Court has dismissed an application filed by former governor of the Central Bank of Nigeria, Godwin Emefiele, challenging the court’s jurisdiction to entertain the $4.5bn and N2.8bn fraud charges brought against him by the Economic and Financial Crimes Commission.
In his decision on Wednesday, Justice Rahman Oshodi stated that the court was able to try Emefiele and Henry Omoile, his co-defendant.
The judge, however, struck out four of the 26 counts filed by the EFCC against the defendants for lack of jurisdiction.
Justice Oshodi explained that “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.
“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 judge subsequently adjourned the case for trial continuation on February 24, 2025.
Emefiele was charged by the EFCC with 26 offences, including abuse of office and unlawful distribution of N2.8 billion and $4.5 billion.
Mr. Olalekan Ojo (SAN), Emefiele’s attorney, contended that the court lacked jurisdiction to hear the matter in Lagos at the final adjourned date on December 12, 2024.
Ojo argued that the Lagos Special charges Court did not have jurisdiction over the alleged charges, which included abuse of office.
He also argued that the charges violated Section 36(12) of the Nigerian constitution, asserting that the alleged offences were not legally recognised under Nigerian law.
Furthermore, Ojo stated that because the Lagos State House of Assembly lacks legislative authority over matters on the Exclusive Legislative List, Section 73 of the Lagos State Criminal Law (2011), under which counts one through four were filed, cannot be applied extraterritorially to Emefiele’s alleged abuse of office.
Ojo stated that a court’s territorial jurisdiction is confined to the geographical area in which its authority can be exercised, and he requested the court to dismiss counts one through four of the EFCC’s amended charges filed on April 4, 2024.
In response, EFCC counsel, Mr. Rotimi Oyedepo (SAN), argued that the court had the authority to hear the case.
Oyedepo contended that the alleged crimes were economic and financial in nature, falling within the EFCC’s jurisdiction.
He also maintained that substantial evidence supported Lagos as the appropriate venue for the trial.
According to Oyedepo, the subject matter of the charges clearly fell within the court’s jurisdiction since the offences were committed within its territorial reach.
He noted that evidence and witness testimonies pointed to Lagos as the proper location for the trial and argued that the objections raised by Emefiele’s legal team lacked factual or evidential support.
Following the arguments, Justice Oshodi initially adjourned the case to January 7, 2025, for a ruling on the application challenging the court’s jurisdiction.
However, the ruling was not ready on that date, prompting an adjournment to Wednesday, January 8, 2025.
The case has now been adjourned to February 24 and 26, 2025, for the continuation of trial.
