A Lagos Special Offences Court on Wednesday dismissed the application of the former Governor of the Central Bank, Godwin Emefiele, challenging the jurisdiction of the court.
Justice Rahman Oshodi, in his ruling, held that the court has jurisdiction to try Emefiele on the charge, citing relevant statutory and constitutional provisions.
Oshodi dismissed the application and held that the Economic and Financial Crimes Commission (EFCC) had established territorial jurisdiction on counts eight to 26 with various facts in the proof of evidence attached to the case file before the court.
The court, however, struck out counts one to four of the charge, which pertained to abuse of office.
He said that allocation of foreign exchange without a bid, which was the subject of counts one to four, was not punishable under law.
Oshodi said, “Allocation of foreign exchange without reason is not defined as an offense in any written law.
“The objection to counts one to four succeeds and is hereby struck out.
“The objection challenging the court’s territorial jurisdiction over counts eight to 26 fails and is hereby dismissed.
“The prosecution has established sufficient territorial nexus in this case.”
The judge thereafter said the case should proceed to trial and adjourned until Feb. 24 for the continuation of the trial.
The EFCC had arraigned Emefiele on a 26-count charge wherein he was alleged to have misused his office, resulting in a loss of $4.5 billion and N2.8 billion.
His co-defendant, Henry Omoile, is standing trial for related charges, including the unlawful acceptance of gifts.
However, Emefiele’s counsel, Mr. Olalekan Ojo (SAN), had argued that the court lacked jurisdiction to hear the case in Lagos. He claimed that the alleged offenses, including abuse of office, fell outside the territorial reach of the Lagos Special Offences Court.
Ojo had contended that the charges violated Section 36(12) of the Nigerian Constitution, asserting that the actions Emefiele is alleged to have committed were not legally recognized offenses.
He also 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 one to four were filed, cannot apply extraterritorially to any alleged abuse of office by Emefiele.
Ojo further argued that a court’s territorial jurisdiction refers to the geographical area within which its authority can be exercised; therefore, outside this area, the court cannot act.
He submitted that the court should strike out counts one to four of the 18 amended count charge filed by the EFCC on April 4, 2024, on the basis that the alleged offenses took place outside the court’s jurisdiction.
But the EFCC counsel, Mr. Rotimi Oyedepo (SAN), had told the court that it had the authority to hear the case.
Oyedepo argued that the alleged crimes were economic and financial in nature, which fall within the EFCC’s jurisdiction, and that there was substantial evidence supporting Lagos as the appropriate venue for the trial.
He asserted that the subject matter of the charges clearly fell within the court’s jurisdiction since the offenses were committed within its territorial reach.