CBN Godwin Emefiele

N4.5bn Fraud Case: Court To Decide On Emefiele’s Jurisdiction Challenge In January

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

Emefiele faces a 26-count charge filed by the Economic and Financial Crimes Commission (EFCC), accusing him of misusing his office, resulting in a loss of $4.5 billion and ₦2.8 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 recognised offences.

He emphasised 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 extraterritorially to any alleged abuse of office by Emefiele.

Ojo argued that a court’s territorial jurisdiction refers to the geographical area within which its authority can be exercised, and outside this area, the court cannot act. He urged the court to strike out Counts 1 to 4 of the amended charges filed on April 4, 2024, as 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, falling 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 its territorial reach. He stated that evidence and witness testimonies pointed to Lagos as the proper location for the trial and argued that the objections raised by Emefiele’s legal team were not substantiated by facts or evidence.

After hearing arguments from both parties, Justice Oshodi adjourned the matter and fixed January 7, 2025, for ruling.