Court rejects Emefiele’s application on jurisdiction
An Ikeja Special Offences Court on Wednesday dismissed the application filed by the embattled ex-Governor of Central Bank, Godwin Emefiele, challenging the jurisdiction of the court to hear his case.
The Economic and Financial Crimes Commission (EFCC) had filed a 26-count charge against Emefiele for alleged misuse of office, resulting in losses of $4.5 billion and ₦2.8 billion.
His co-defendant, Henry Omoile, is standing trial on related offences, including unlawful acceptance of gifts.
Justice Rahman Oshodi, in his ruling on Wednesday, held that the court had jurisdiction to try Emefiele on the charge, citing relevant authorities.
He, therefore, dismissed Emefiele’s application and held that EFCC had established territorial jurisdiction on counts eight to 26, with various facts in the proof of evidence attached to the case file.
The court, however, struck out counts one to four of the charge, which bothered on abuse of office.
He said that the allocation of foreign exchange without bid, which was the subject of counts one to four, was not punishable under the law.
Oshodi said: “Allocation of foreign exchange without reason is not defined as an offence 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 counts eight to 26 fails, and is hereby dismissed.
“The prosecution has established sufficient territorial nexus in this case.”
The judge, thereafter, held that the case should proceed to trial and adjourned until Feb. 24 for continuation of trial.
Newsmen report that Emefiele’s Counsel, Mr. Olalekan Ojo (SAN), had on Dec. 12, 2024, argued that the court lacked jurisdiction to hear the case in Lagos.
Ojo contended that the alleged offences, including abuse of office, fell outside the territorial reach of the court.
He said the charge violated Section 36(12) of the Constitution and asserted that the actions Emefiele was accused of were not legally recognized offences.
He stated that the Lagos State House of Assembly did not have legislative authority over matters on the Exclusive Legislative List.
Ojo, therefore, said Section 73 of the Criminal Law of Lagos State, 2011, under which counts one to four were filed, could not apply extra-territorially to any alleged abuse of office by Emefiele.
The learned silk argued that a court’s territorial jurisdiction referred to the geographical area within which its authority could be exercised.
According to him, outside of that territorial jurisdiction, the court cannot act.
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