The Lagos State Special Offences Court on Wednesday dismissed an application filed by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, challenging the court’s jurisdiction to hear the $4.5bn and N2.8bn fraud charges leveled against him by the Economic and Financial Crimes Commission (EFCC).
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Justice Rahman Oshodi ruled that the court had the jurisdiction to try Emefiele and his co-defendant, Henry Omoile.
In a detailed judgment, Justice Oshodi struck out four of the 26 counts filed by the EFCC for lack of jurisdiction, explaining that the allocation of foreign exchange without reason is not defined as an offence under any written law.
He stated, “The objection to counts one to four succeeds and is hereby struck out. The objection challenging the court’s territorial jurisdiction over counts eight to 26 fails and is hereby dismissed. The prosecution has established sufficient territorial nexus in this case.”
The judge adjourned the case for trial continuation on February 24 and 26, 2025.
The EFCC initially arraigned Emefiele on 26 charges, including abuse of office and illegal allocation of $4.5bn and N2.8bn. During the last hearing on December 12, 2024, Emefiele’s counsel, Mr. Olalekan Ojo (SAN), argued that the Lagos Special Offences Court lacked jurisdiction over the case.
He contended that the alleged offences fell outside the territorial reach of the court and violated Section 36(12) of the Nigerian constitution, which requires offences to be legally recognized under Nigerian law.
Ojo further argued that the Lagos State House of Assembly lacked legislative authority over matters on the Exclusive Legislative List. Consequently, he stated that Section 73 of the Criminal Law of Lagos State (2011), under which counts one to four were filed, could not apply extraterritorially to the alleged abuse of office by Emefiele.
He emphasized that a court’s territorial jurisdiction is limited to the geographical area within which its authority can be exercised and urged the court to strike out the relevant charges.
In response, EFCC counsel Mr. Rotimi Oyedepo (SAN) maintained that the court had the authority to preside over the case. Oyedepo argued that the alleged crimes were economic and financial in nature, falling within the EFCC’s jurisdiction.
He provided evidence and witness testimonies supporting Lagos as the appropriate venue for the trial, asserting that the objections raised by Emefiele’s legal team lacked factual or evidential support.
Justice Oshodi initially adjourned the case to January 7, 2025, for a ruling on the application challenging the court’s jurisdiction. However, due to delays, the ruling was delivered on Wednesday, January 8, 2025.
The court’s decision to uphold jurisdiction and strike out only a portion of the charges paves the way for the continuation of the trial next month.
The case has reignited discussions on accountability and judicial oversight, particularly concerning high-profile economic crimes in Nigeria.
All eyes now turn to the February trial dates, as the EFCC prepares to present its evidence and witnesses in court.