The Lagos State Special Offences Court in Ikeja has scheduled December 12 to hear an application filed by former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, challenging the court’s jurisdiction.
Justice Rahman Oshodi set the date after being informed of a Court of Appeal ruling directing him to hear the application. The ruling followed submissions made by Emefiele’s lawyer, Olalekan Ojo (SAN), on April 29, arguing that Emefiele cannot be tried in any state high court for alleged abuse of office, raising concerns about constitutionality and legality.
In contrast, EFCC counsel Rotimi Oyedepo (SAN) argued against delaying the trial, citing the need to adhere to the Administration of Criminal Justice Act (ACJA) and avoid unnecessary delays.
Following these arguments, Justice Oshodi deferred his ruling on the jurisdictional challenge until after the trial. Dissatisfied with this decision, Ojo appealed, requesting the appellate court to direct the trial court to resolve the jurisdictional issue, as it concerns the court’s authority to try Emefiele.
On Tuesday, during the resumed hearing, EFCC counsel informed the court that the Appellate Court had ruled on November 29, instructing Justice Oshodi to resolve the jurisdictional challenge before continuing with the trial. Ojo, however, expressed surprise that the prosecution had tendered a Certified True Copy of the ruling from the bar, as the defense team had yet to file it with the court. He requested an adjournment to allow the defense to proceed with their application.
Oyedepo opposed the adjournment, urging that all parties comply with the Appellate Court’s directive. After considering the submissions, Justice Oshodi adjourned the hearing to December 12.
Emefiele, alongside Herry Omoile, was arraigned by the EFCC on April 8, 2024, on charges of accepting gratification, corruption, and fraudulent property receipts. The EFCC also accused Emefiele of conferring corrupt advantages on his associates, in violation of the Corrupt Practices Act of 2000. Both defendants pleaded not guilty.
In his jurisdictional challenge, Emefiele argues that counts 1-4 of the 26-count charge are unconstitutional, as they are not based on any existing Nigerian laws. He contends that the court lacks jurisdiction over the abuse of office charges related to his former position as CBN Governor, asserting that the acts in question are not offenses known to Nigerian law, as required by Section 36(12) of the Constitution of Nigeria. Emefiele’s legal team is seeking to have counts 1-4 struck from the amended charge.
