The Lagos State Special Offences Court has dismissed an application filed by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, seeking to challenge the court’s jurisdiction in the $4.5 billion and ₦2.8 billion fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Rahman Oshodi delivered the ruling on Wednesday, affirming the court’s jurisdiction to hear the charges against Emefiele and his co-defendant, Henry Omoile. However, the judge struck out four of the 26 charges, stating that they did not constitute offences under Nigerian law.
“Allocation of foreign exchange without reason is not defined as an offence under any written law,” Justice Oshodi said, striking out counts one to four. He added, “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.”
Background of the Case
Emefiele and Omoile are facing 26 charges from the EFCC, including abuse of office and the illegal allocation of $4.5 billion and ₦2.8 billion. The charges were filed in April 2024, but Emefiele’s legal team argued that the Lagos State court lacked the authority to try the case.
Emefiele’s counsel, Mr. Olalekan Ojo (SAN), argued during the December 12, 2024 hearing that the alleged offences fell outside the court’s territorial jurisdiction. He contended that the charges violated Section 36(12) of the Nigerian Constitution, which stipulates that offences must be defined by written law.
Ojo further stated, “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 the alleged abuse of office by Emefiele.”
The defence urged the court to strike out the charges and argued that the Lagos court was not the proper venue for the trial.
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EFCC’s Position
The EFCC’s counsel, Mr. Rotimi Oyedepo (SAN), opposed the application, asserting that the court had jurisdiction over the case. He argued that the charges involved economic and financial crimes that fall under the EFCC’s purview.
Oyedepo also pointed out that evidence and witness testimonies supported Lagos as the appropriate venue for the trial. “The subject matter of the charges clearly falls within the court’s jurisdiction since the offences were committed within its territorial reach,” he stated.
Judge’s Decision
After reviewing the arguments, Justice Oshodi ruled in favor of the EFCC, allowing the trial to proceed. He struck out counts one to four due to lack of jurisdiction but upheld the court’s authority over the remaining charges.
The judge adjourned the case to February 24 and 26, 2025, for the continuation of the trial.
Next Steps
This ruling marks a significant step in the high-profile case against the former CBN governor. The EFCC will now proceed to present evidence on the remaining charges, which include allegations of abuse of office and financial mismanagement.
While Emefiele’s legal team has yet to comment on the ruling, the case is expected to draw widespread attention as it unfolds.