Court dismisses Emefiele’s application, affirms jurisdiction

Justice Rahman Oshodi of the Ikeja Special Offences Court on Wednesday dismissed the application filed by Godwin Emefiele, the embattled former Governor of the Central Bank of Nigeria(CBN), challenging the court’s jurisdiction to hear his case.

Persecondnews recalls that the Economic and Financial Crimes Commission(EFCC) had slammed a 26-count charge against Emefiele, accusing him of misusing his office, which allegedly resulted in staggering losses of $4.5 billion and N2.8 billion.

Henry Omoile, Emefiele’s co-defendant, is also facing trial for related offences bordering on charges of unlawfully accepting gifts.

Justice Oshodi, in his ruling, held that the court had jurisdiction to try Emefiele on the charge, citing relevant authorities.

He dismissed his application, affirming that the EFCC had established territorial jurisdiction over counts 8 to 26.

This decision according to the judge was based on various facts presented in the evidence attached to the case file.

The court struck out counts one to four of the charge, which pertained to abuse of office, as the allocation of foreign exchange without bidding, cited in those counts, is 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 count eight to 26 fails, and is hereby dismissed. The prosecution has established sufficient territorial nexus in this case”.

The judge subsequently ordered that the case should proceed to trial and adjourned the proceedings until February 24 for the continuation of the trial.

Persecondnews recalls that Emefiele’s lawyer, Mr. Olalekan Ojo (SAN) argued on December 12, 2024, that the court lacked jurisdiction to hear the case in Lagos, contending that the alleged offenses fell outside the court’s territorial reach.

Ojo argued that the alleged offenses, including abuse of office, occurred outside the geographical area where the court has authority, rendering it powerless to hear the case.

He said the charge violated Section 36 (12) of the Constitution, and asserted that the actions Emefiele was accused of, were not legally recognised offences.

Ojo also argued that the Lagos State House of Assembly lacks legislative authority over matters on the Exclusive Legislative List.

He further stated that Section 73 of the Criminal Law of Lagos State, 2011, which counts one to four were filed under, cannot be applied outside Lagos State to alleged abuse of office by Emefiele.

Ojo requested that the court dismiss counts one to four of the 18 amended charges filed on April 4, 2024.

EFCC Counsel, Mr. Rotimi Oyedepo (SAN), countered that the court has the authority to hear the case, emphasizing that the alleged offenses are economic and financial in nature, which falls under the EFCC’s jurisdiction.

Oyedepo argued that the evidence presented confirmed Lagos as the suitable location for the trial, as the alleged offenses occurred within the court’s territorial boundaries.

He countered that Emefiele’s legal team failed to support their objections with concrete facts or evidence.

Emefiele, who served as the CBN governor for nine years, was first taken into custody by the Department of State Services(DSS) on June 10, 2023, and subsequently arraigned in court on July 13, 2023.

He has since been involved in a series of legal battles, including being re-arraigned on fresh charges by the Economic and Financial Crimes Commission (EFCC).

Emefiele faced intense backlash for several contentious decisions during his tenure as CBN governor.

One of the most notable criticisms was his move to replace old currency with new notes, aimed at tackling corruption and cash ransom payments to kidnappers.

This decision was widely debated, with many questioning its effectiveness in addressing the underlying issues.

His leadership was also marred by allegations of abuse of office, bribery, and irregular allocation of foreign exchange.