The Lagos State Special Offences Court has dismissed an application by former Central Bank of Nigeria Governor, Godwin Emefiele, challenging its jurisdiction in his ongoing fraud case.
Justice Rahman Oshodi ruled that the court could try Emefiele and co-defendant Henry Omoile, while striking out four of the 26 counts for lack of jurisdiction.
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Justice Oshodi explained that the allocation of foreign exchange without reason does not constitute an offence under Nigerian law. He stated, “The objection to counts one to four succeeds and is hereby struck out,” clarifying that these charges lacked a legal basis.
Prosecution’s Territorial Nexus Confirmed
Despite dismissing four counts, Justice Oshodi rejected Emefiele’s objection to the court’s jurisdiction over the remaining charges.
He said, “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.”
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Arguments from Both Sides
Emefiele’s counsel, Olalekan Ojo (SAN), argued that the Lagos court lacked jurisdiction as the alleged offences fell outside its territorial reach. Ojo claimed that the charges violated the Nigerian constitution since they were not legally recognised.
In contrast, EFCC counsel Rotimi Oyedepo (SAN) contended that the alleged crimes were financial and within the EFCC’s jurisdiction. Oyedepo maintained that substantial evidence pointed to Lagos as the appropriate venue, asserting that the offences were committed within its territorial reach.
Next Steps in Emefiele’s Trial
Following the court’s ruling, the case has been adjourned to February 24, 2025, for the continuation of the trial. The charges against Emefiele, including abuse of office and illegal allocation of funds, will be thoroughly examined in the upcoming sessions.
Listed Charges Against Emefiele
The EFCC initially arraigned Emefiele on 26 charges, which include:
- Abuse of office
- Illegal allocation of $4.5bn
- Mismanagement of N2.8bn
Legal Implications Moving Forward
The dismissal of Emefiele’s jurisdiction challenge marks a significant step in the legal proceedings. The court’s decision to strike out specific counts while upholding its authority over others sets the stage for a comprehensive examination of the allegations.
The trial of Godwin Emefiele is set to continue with the Lagos State Special Offences Court maintaining jurisdiction over the case. Both the prosecution and defense will present further arguments as the trial progresses.
Emmanuel Ochayi is a journalist. He is a graduate of the University of Lagos, School of first choice and the nations pride. Emmanuel is keen on exploring writing angles in different areas, including Business, climate change, politics, Education, and others.