An Ikeja Special Offences Court on Wednesday rejected an application by former Central Bank Governor Godwin Emefiele, challenging its jurisdiction to hear a $4.5 billion and ₦2.8 billion fraud case filed against him by the Economic and Financial Crimes Commission (EFCC).
Emefiele faces a 26-count charge from the EFCC, which includes allegations of abuse of office and economic crimes. His co-defendant, Henry Omoile, also faces related charges, including the unlawful acceptance of gifts.
Delivering the ruling, Justice Rahman Oshodi held that the court had jurisdiction over counts eight to 26, referencing legal authorities and evidence in the case. However, the court struck out counts one to four, which alleged abuse of office related to foreign exchange allocations, stating that such actions are not defined as crimes under Nigerian law.
“Allocation of foreign exchange without reason is not defined as an offence in any written law,” Justice Oshodi ruled. “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 court subsequently adjourned the trial to February 24, 2025, for further proceedings.
Earlier, Emefiele’s counsel, Olalekan Ojo (SAN), argued that the court lacked jurisdiction to entertain the charges, claiming that the alleged offences occurred outside Lagos and contravened Section 36(12) of the Constitution. He further argued that the Lagos State House of Assembly did not have legislative authority over matters listed under the Exclusive Legislative List, contending that Section 73 of the Lagos State Criminal Law, 2011, could not be applied to his client.
In response, EFCC counsel Rotimi Oyedepo (SAN) defended the court’s jurisdiction, asserting that the financial and economic nature of the alleged crimes made Lagos the appropriate venue for the trial. He pointed to evidence and witness testimony linking Lagos to the alleged offences as justification for the trial’s location.
With the dismissal of Emefiele’s jurisdictional objection, the trial is now set to proceed on the remaining charges.
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