An Ikeja Special Offences Court has fixed January 7 for ruling on the application filed by the embattled former Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, challenging the jurisdiction of the court.
Emefiele is standing trial for alleged abuse of office and $4.5 billion and N2.8 billion fraud.
His co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.
Justice Rahman Oshodi, on Thursday reserved ruling till January 7 after hearing arguments from the Economic and Financial Crimes Commission (EFCC) counsel, Mr Rotimi Oyedepo (SAN) and Emefiele’s counsel, Mr Olalekan Ojo (SAN).
Ojo, in his application, argued that the court lacked jurisdiction to hear the case in Lagos.
He contended that the alleged offences, including abuse of office, fell outside the territorial reach of the court.
Ojo 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.
EFCC Counsel, Mr Rotimi Oyedepo (SAN), in his counter affidavits, argued that the court had the authority to hear the case.
He argued that the alleged crimes 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.
