The Lagos State Special Offences Court on Wednesday rejected an application by former Central Bank of Nigeria governor, Godwin Emefiele, challenging its jurisdiction over $4.5 billion and ₦2.8 billion fraud charges filed by the Economic and Financial Crimes Commission.
In his ruling, Justice Rahman Oshodi affirmed the court’s jurisdiction to hear the case against Emefiele and his co-defendant, Henry Omoile. However, the judge dismissed four out of the 26 charges brought by the EFCC, citing lack of jurisdiction.
Justice Oshodi explained: “Allocation of foreign exchange without reason is not defined as an offence under 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 counts eight to 26 fails and is hereby dismissed.
“The prosecution has established sufficient territorial nexus in this case.”
The judge subsequently adjourned the case for trial continuation on February 24, 2025.
The EFCC had arraigned Godwin Emefiele on 26 charges, including abuse of office and the illegal allocation of $4.5 billion and ₦2.8 billion.
During the last hearing on December 12, 2024, Emefiele’s counsel, Mr. Olalekan Ojo (SAN), argued that the Lagos Special Offences Court lacked jurisdiction to hear the case. Ojo claimed that the alleged offences, such as abuse of office, occurred outside the court’s territorial reach and violated Section 36(12) of the Nigerian Constitution, asserting that they were not legally recognized under Nigerian law.
Ojo further argued that the Lagos State House of Assembly lacks legislative authority over matters on the Exclusive Legislative List. He contended that Section 73 of the Lagos State Criminal Law (2011), under which counts one to four were filed, could not apply extraterritorially to the alleged offences. He emphasized that a court’s territorial jurisdiction is restricted to its geographical area and urged the court to strike out counts one to four of the amended charges filed on April 4, 2024.
In response, EFCC counsel, Mr. Rotimi Oyedepo (SAN), argued that the court had the authority to hear the case. He maintained that the offences, being economic and financial in nature, fell under the EFCC’s jurisdiction. Oyedepo also provided substantial evidence supporting Lagos as the proper venue for the trial, asserting that the crimes were committed within the court’s territorial reach.
Following the arguments, Justice Rahman Oshodi initially scheduled his ruling for January 7, 2025. However, the ruling was delayed and delivered on January 8, 2025. The case has been adjourned to February 24 and 26, 2025, for the continuation of the trial.
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