Justice Rahman Oshodi of the Lagos Special Offences Court, has struck out four out of the 26 charges against former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, in connection with allegations of abuse of office.
Emefiele, through his lawyer Olalekan Ojo, had challenged the court’s jurisdiction over some of the charges, asserting that he could not be tried in any State High Court for alleged offenses brought by the Economic and Financial Crimes Commission (EFCC).
Emefiele was facing 26 charges, over alleged misuse of his office, leading to a loss of $4.5 billion and N2.8 billion.
Emefiele’s co-defendant, Henry Omoile, is also on trial for related offenses, including the unlawful acceptance of gifts.
In his application, Emefiele argued that some of the 26 charges, particularly Counts one to four, were unconstitutional, as they lacked legal foundation.
He requested the court to strike out the counts, claiming the alleged offenses occurred outside its jurisdiction.
Ruling on the application, Justice Oshodi held that the allocation of foreign exchange without bidding, the subject of Counts one to four, was not punishable under the law.
The court held that “Allocation of foreign exchange without reason is not defined as an offense in any written law,” and therefore, the objection to these counts succeeded and they were struck out.
However, the court upheld its territorial jurisdiction over Counts 8-26, dismissing Emefiele’s objection.
Justice Oshodi affirmed that the EFCC had established sufficient territorial nexus for the charges, allowing the trial to proceed.
The court held “Allocation of foreign exchange without reason is not defined as an offense in 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 count eight to 26 fails and is hereby dismissed.
“The prosecution has established
sufficient territorial nexus in this case.”
EFCC was initially arraigned Emefiele on 26 charges related to alleged misuse of his office, resulting in a loss of $4.5 billion and N2.8 billion.
Emefiele’s lawyer, Ojo had argued that the court in Lagos lacked jurisdiction, stating that the offenses, including abuse of office, occurred outside its territorial reach.
He contended that the charges violated Section 36(12) of the Nigerian Constitution and emphasised that the Lagos State House of Assembly did not have legislative authority over matters on the Exclusive Legislative List.
Ojo argued that the territorial jurisdiction of a court is confined to the geographical area in which it operates, and since the alleged offenses occurred outside this area, the court could not hear the case.
However, EFCC’s counsel, Mr. Rotimi Oyedepo (SAN), countered, asserting that the alleged crimes were economic in nature, falling within the EFCC’s jurisdiction.
Oyedepo maintained that substantial evidence supported Lagos as the appropriate venue for the trial, pointing to witness testimonies and factual evidence establishing the court’s jurisdiction.
However, Justice Oshodi in his ruling held that the EFCC had proven its territorial jurisdiction over Counts 8-26 and set further trial dates for February 24 and 26, 2025.
Wale Igbintade
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