An Ikeja Special Offences Court has adjourned till December 12, to hear the application filed by the embattled former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, challenging the jurisdiction of the lower court.
Emefiele had approached the Court of Appeal, challenging the jurisdiction of the lower court to hear alleged abuse of office filed against him by the Economic and Financial Crimes Commission (EFCC).
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.
When the case was called on Tuesday for continuation of cross-examination of the seventh prosecution witness, the EFCC Counsel, Mr Rotimi Oyedepo (SAN), informed the court that the Appellate Court had on November 29 delivered a ruling regarding Emefiele’s application.
According to him, the Appellate Court has directed the lower court to hear and determine the application, before continuing with the trial.
Emefiele’s Counsel, Mr Olalekan Ojo (SAN), told the court that they received the ruling electronically and intended to file a notification to the court.
Ojo, however, said he was surprised that the prosecution was tendering a Certified True Copy of the ruling from the bar.
He urged the court to set down the hearing of the application until next adjourned date, to enable the defence move its application.
Oyedepo, however, countered the defendant’s submission and argued that all parties should comply with the directives of the Appellate Court.
Justice Rahman Oshodi, however, adjourned the case until December 12 for hearing of the application.
Emefiele’s counsel had argued that the charge against Emefiele raised issues of constitutionality and legality.
He argued that counts one to four of the 26-count charge were unconstitutional as they were not contained in any law in Nigeria.
He, thereafter, urged the court to strike out counts one to four, on the ground that the court had no jurisdiction to try the offence of abuse of office in relation to the office of CBN governor.
According to him, his client’s acts, said to constitute arbitrary acts resulting in abuse of office, were not offences known to the law as mandatorily required by Section 36(12) of 1999 Constitution, as amended
On the last proceeding, the EFCC’s witness, a former personal assistant to Emefiele, had narrated to the court how he allegedly collected the sum of $400,000 on behalf of the former governor.
