The Lagos State Special Offences Court on Wednesday dismissed an application by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, challenging the court’s jurisdiction to hear the $4.5bn and N2.8bn fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Rahman Oshodi ruled that the court had the authority to try Emefiele and his co-defendant, Henry Omoile, on the charges. However, the judge struck out four of the 26 counts filed by the EFCC due to lack of jurisdiction.
In his ruling, Justice Oshodi explained that “allocation of foreign exchange without reason” is not defined as an offense under any written law, which led to the dismissal of counts one to four. He further stated that the objection challenging the court’s territorial jurisdiction over counts eight to 26 was without merit and thus dismissed. The judge affirmed that the prosecution had established sufficient territorial nexus to justify the case’s trial in Lagos.
The case was adjourned to February 24, 2025, for the continuation of the trial.
Emefiele faces 26 charges related to abuse of office and the illegal allocation of $4.5bn and N2.8bn. At the previous hearing on December 12, 2024, his counsel, Olalekan Ojo (SAN), argued that the Lagos court lacked jurisdiction, as the alleged offenses fell outside its territorial reach. Ojo also contended that the charges violated Section 36(12) of the Nigerian Constitution and emphasized that the relevant legislation could not apply extraterritorially.
In response, EFCC counsel, Rotimi Oyedepo (SAN), insisted that the court had proper jurisdiction, arguing that the alleged crimes were economic in nature, within the EFCC’s mandate, and that substantial evidence pointed to Lagos as the appropriate venue for trial.
The case was initially adjourned to January 7, 2025, for a ruling, but the ruling was not delivered, leading to another adjournment to January 8, 2025. The trial is now scheduled to resume on February 24 and 26, 2025.
