Emefiele faces a 26-count charge filed by the Economic and Financial Crimes Commission (EFCC), alleging abuse of office that reportedly led to losses of $4.5 billion and ₦2.8 billion.
The Ikeja Special Offences Court on Wednesday dismissed an application by former Central Bank Governor, Godwin Emefiele, challenging the court's jurisdiction to hear his case.
Emefiele faces a 26-count charge filed by the Economic and Financial Crimes Commission (EFCC), alleging abuse of office that reportedly led to losses of $4.5 billion and ₦2.8 billion.
His co-defendant, Henry Omoile, is accused of related offences, including unlawful acceptance of gifts.
Justice Rahman Oshodi ruled that the court has the jurisdiction to hear counts eight to 26, citing sufficient territorial connections based on evidence presented by the EFCC.
“The prosecution has established sufficient territorial nexus in this case,” Oshodi stated.
However, the judge struck out counts one to four, which relates to foreign exchange allocation, ruling that the acts in question were not punishable under any written law.
“Allocation of foreign exchange without reason is not defined as an offence in any written law,” the judge clarified.
However, the court adjourned the trial to February 24 for continuation.
The News Agency of Nigeria reports that on December 12, 2024, Mr. Olalekan Ojo (SAN), counsel for Emefiele, challenged the jurisdiction of the court in Lagos to hear the case.
Ojo argued that the alleged offences, including abuse of office, occurred outside the court's territorial jurisdiction.
He contended that the charges violated Section 36(12) of the Constitution, as the actions attributed to Emefiele were not legally recognized offences.
Meanwhile, he stated that the Lagos State House of Assembly lacked the legislative authority to address matters on the Exclusive Legislative List.
However, Ojo argued that Section 73 of the Criminal Law of Lagos State, 2011, which was cited for counts one to four of the charges, could not be applied extra-territorially to Emefiele’s alleged misconduct.
He explained that a court’s territorial jurisdiction is confined to a defined geographical area, beyond which it has no authority to act.
Ojo urged the court to strike out the first four counts of the amended 18-count information filed on April 4, 2024, on the grounds that the alleged offences fell outside its jurisdiction.
In response, Mr. Rotimi Oyedepo (SAN), counsel for the Economic and Financial Crimes Commission (EFCC), argued that the court had the authority to hear the case.
He stated that the alleged offences were economic and financial in nature, which placed them under the EFCC's jurisdiction.
Oyedepo further argued that evidence and witness testimonies established Lagos as the proper venue for the trial, with the offences falling squarely within the court’s territorial reach.
He dismissed the objections raised by Emefiele’s legal team as unsubstantiated, maintaining that the court was the appropriate forum to adjudicate the matter.
Follow the Sahara Reporters channel on WhatsApp: https://whatsapp.com/channel/0029VaFClvtH5JM6SSsP7M2Y