Court Dismisses Emefiele’s Jurisdiction Challenge, Strikes Out Four Charges

Ikeja, Lagos State— An Ikeja Special Offences Court has dismissed an application by former Central Bank of Nigeria Governor, Godwin Emefiele, challenging the court’s jurisdiction to hear a 26-count charge filed against him by the Economic and Financial Crimes Commission (EFCC).

The charges include alleged abuse of office, leading to losses of $4.5 billion and ₦2.8 billion.

Emefiele’s co-defendant, Henry Omoile, is also facing charges related to unlawful acceptance of gifts.

Delivering his ruling on Wednesday, Justice Rahman Oshodi upheld the court’s jurisdiction over counts eight to 26, citing sufficient territorial nexus in the EFCC’s proof of evidence.

However, he struck out counts one to four, which centered on alleged abuse of office through foreign exchange allocations without bidding, stating that the acts were not punishable under Nigerian law.

“Allocation of foreign exchange without reason is not defined as an offence in any written law,” Justice Oshodi ruled.

The court has adjourned the trial to February 24, 2025, for continuation.

The News Agency of Nigeria reports that on December 12, 2024, Emefiele’s counsel, Mr. Olalekan Ojo (SAN), argued that the Lagos court lacked jurisdiction to hear the case.

Ojo contended that the charges, including allegations of abuse of office, fell outside the court’s territorial reach.

He claimed the charges violated Section 36(12) of the Constitution, asserting that the actions attributed to Emefiele were not legally recognized as offences.

Ojo further argued that the Lagos State House of Assembly lacked the legislative authority to address matters on the Exclusive Legislative List.

According to him, Section 73 of the Lagos State Criminal Law of 2011, under which counts one to four were filed, could not be applied to Emefiele’s case since the alleged offences occurred outside the state’s jurisdiction.

He explained that a court’s territorial jurisdiction is limited to the geographical area where its authority applies and urged the court to strike out counts one to four of the 18 amended charges filed on April 4, 2024, on jurisdictional grounds.

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

Oyedepo maintained that the offences, being economic and financial crimes, fell squarely within the EFCC’s jurisdiction.

He added that evidence supported Lagos as the proper venue for the trial and that the offences were committed within the court’s territorial reach.

Oyedepo further argued that witness testimonies and evidence pointed to Lagos as the appropriate location for the proceedings.

He dismissed the objections raised by Emefiele’s legal team, stating that they were not supported by facts or evidence.