Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, on Wednesday dismissed the application by embattled former Governor of the Central Bank of Nigeria, Godwin Emefiele challenging the court’s jurisdiction.
Ruling on the application, Justice Oshodi held that the court has jurisdiction to try Emefiele on the charge.
The trial judge premised this decision on relevant statutory and constitutional provisions.
Justice Oshodi dismissed the application and held that the Economic and Financial Crimes Commission, EFCC, had established a territorial jurisdiction on count eight to 26 with various facts in the proof of evidence attached with the case file before the court.
Hence, the court struck out counts one to four of the charge which bothered on abuse of office.
Justice Oshodi said that allocation of foreign exchange without bid, which was the subject of counts one to four was not punishable under law.
He said, “Allocation of foreign exchange without reason is not defined as an offence 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 count eight to 26 fails and is hereby dismissed.
“The prosecution has established sufficient territorial nexus in this case.”
However, the judge said the case should proceed to trial and adjourned until February 24 for continuation of trial.
Recall that EFCC arraigned Emefiele on 26 counts charge on allegation of misusing his office, resulting in a loss of $4.5 billion and N2.8 billion, while a 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.
Mr. Ojo has claimed that the alleged offences, including abuse of office, fell outside the territorial reach of the Lagos State Special Offences Court.
Mr. Ojo had argued that the charges was in violation of Section 36(12) of the Nigerian Constitution, insisting that the actions Emefiele is alleged of were not legally recognised offences.
He also highlighted 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.
Mr. 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.
The defendant’s lawyer submitted that the court should strike out counts one to four of the 18 amended count charge filed by EFCC on April 4, 2024 on the basis that the alleged offences took place outside the court’s jurisdiction.
The EFCC counsel, Mr. Rotimi Oyedepo, SAN, had told court that the court had the authority to hear the case.
Mr. 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.
The Prosecution counsel insisted that the subject matter of the charges clearly fell within the court’s jurisdiction since the offences were committed within its territorial reach.
The counsel to the commission further argued that evidence and witness testimonies pointed to Lagos as the proper location for the trial, and that the objections raised by Emefiele’s legal team were not supported by the facts or evidence.
Justice Oshodi has fixed further trial in the suit to February 24 and 26, 2025.
