A Lagos Special Offences Court in Ikeja has fixed December 12 to hear an application filed by former Governor of the Central Bank of Nigeria, Godwin Emefiele, who is challenging the court’s jurisdiction to try him for alleged abuse of office as well as for an alleged $4.5 billion and N2.8 billion fraud, while in office.
Justice Rahman Oshodi had initially postponed the hearing of that application until after the entire trial, prompting the defendant to approach the court of appeal through his lead defence counsel, Olalekan Ojo, SAN.
During the resumption of the trial on Tuesday, which was set for the cross-examination of a seventh prosecution witness, the lead Counsel for the Economic and Financial Crimes Commission, Rotimi Oyedepo, (SAN), informed the court that the Appellate Court had delivered a ruling on November 29 directing the trial judge to hear and determine Mr Emefiele’s application before proceeding with the trial.
In response, Emefiele’s lawyer, Mr Ojo, informed the court that they had received the ruling electronically and intended to file court processes regarding it.
However, he expressed surprise at the prosecution submitting a Certified True Copy of the court of appeal ruling to the lower court, “from the bar”.
Mr Ojo requested that the court postpone the hearing of the application until the next adjourned date to allow the defense proceed with their application.
But, Mr Oyedepo countered this request, emphasizing that all parties should comply with the directive of the Appellate Court since various processes have already been exchanged concerning the application.
In his ruling, Justice Oshodi acknowledged the processes filed by both parties and adjourned the hearing till Thursday.
Mr Emefiele contends that he cannot be tried in any state high court in Nigeria for alleged abuse of office, adding that counts 1-4 of the 26-count charge filed against him by the EFCC are unconstitutional, and not based on any existing laws in Nigeria.
