Emefiele knows fate January 7 on court’s jurisdiction

Justice Rahman Oshodi of an Ikeja Special Offences Court has fixed  January 7, 2025, to rule on an application filed by former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele challenging court’s jurisdiction over his case.

Emefiele is facing a 26-count charge filed by the Economic and Financial Crimes Commission (EFCC). 

He is accused of abuse of office to the tune of $4.5 billion and N2.8 billion. 

His co-defendant, Henry Omoile, is also on trial for related charges, including the unlawful acceptance of gifts.

During yesterday’s proceedings, Emefiele’s counsel, Olalekan Ojo (SAN), argued that the court lacked jurisdiction to hear the case in Lagos. 

He contended that the alleged offences, including abuse of office, fell outside the territorial reach of the Ikeja Special Offences Court.

 Ojo further argued that the charges violated Section 36(12) of the Constitution, asserting that the actions Emefiele is accused of were not legally recognized offences.

Ojo emphasized that since the Lagos State House of Assembly does not have legislative authority over matters on the Exclusive Legislative List, Section 73 of the Criminal Law of Lagos State 2011 under which Counts 1 to 4 were filed, cannot apply extra-territorially to any alleged abuse of office by Emefiele. 

He argued that a court’s territorial jurisdiction refers to the geographical area within which its authority can be exercised.

He said the court cannot act  outside of this area.

Ojo also urged the court to strike out counts 1 to 4 of the 18 amended information filed on April 4, 2024, on the grounds that the offences occurred outside the court’s jurisdiction.

In response, EFCC counsel Rotimi Oyedepo (SAN) maintained that the court had the authority to hear the case. 

He argued that the alleged crimes were economic and financial in nature, within the EFCC’s jurisdiction, and that evidence supported Lagos as the appropriate venue for the trial.

Oyedepo further asserted that the subject matter of the charges fell squarely within the court’s jurisdiction, as the offences were committed within the court’s territorial reach.

 He contended  that the evidence and witness testimonies pointed to Lagos as the proper location for the trial .

He said that the objections raised by Emefiele’s legal team were not substantiated by  facts or evidence.
Justice Oshodi adjourned the matter for ruling on  January 7, 2025. (Nation)

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