An Ikeja Special Offences Court, on Wednesday, dismissed the application filed by the embattled former Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, challenging the jurisdiction of the court to hear his case.
The Economic and Financial Crimes Commission (EFCC) had filed a 26-count charge against Emefiele, for alleged misuse of office, resulting in losses of $4.5 billion and N2.8 billion.
His co-defendant, Henry Omoile, is standing trial on related offences, including unlawful acceptance of gifts.
Justice Rahman Oshodi, in his ruling on Wednesday, held that the court had jurisdiction to try Emefiele on the charge, citing relevant authorities.
He, therefore, dismissed Emefiele’s application and held that EFCC had established a territorial jurisdiction on counts eight to 26, with various facts in the proof of evidence attached to the case file.
The court, however, struck out counts one to four of the charge which bothered on abuse of office.
He said that allocation of foreign exchange without bid, which was the subject of counts one to four, was not punishable under the law.
Oshodi said: “Allocation of foreign exchange without reason is not defined as an offence in 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 count eight to 26 fails, and is hereby dismissed.
“The prosecution has established sufficient territorial nexus in this case”.
The judge, thereafter, held that the case should proceed to trial and adjourned until Feb. 24 for continuation of trial.
Emefiele’s Counsel, Mr Olalekan Ojo (SAN), had on December 12, 2024 argued that the court lacked jurisdiction to hear the case in Lagos.
Ojo contended that the alleged offences, including abuse of office, fell outside the territorial reach of the court.
He said the charge violated Section 36(12) of the Constitution, and asserted that the actions Emefiele was accused of, were not legally recognised offences.
He stated that the Lagos State House of Assembly did not have legislative authority over matters on the Exclusive Legislative List.
Ojo, therefore, said Section 73 of the Criminal Law of Lagos State, 2011, under which counts one to four were filed, could not apply extra-territorially to any alleged abuse of office by Emefiele.
The learned silk argued that a court’s territorial jurisdiction referred to the geographical area within which its authority could be exercised.
According to him, outside of that territorial jurisdiction, the court can not act.
He urged the court to strike out counts one to four of the 18 amended information filed on April 4, 2024, on the grounds that the offences occurred outside the court’s jurisdiction.
The EFCC Counsel, Mr Rotimi Oyedepo (SAN), in his counter affidavits, had argued that the court had the authority to hear the case.
Oyedepo argued that the alleged offences were economic and financial in nature, therefore, within the jurisdiction of EFCC.
He also added that the evidence in support of the facts, proved Lagos as the appropriate venue for the trial.
Oyedepo further submitted that the subject matter of the charge 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.
He added that the objections raised by Emefiele’s legal team were not substantiated by facts or evidence.
