By Okeke Eunice
Justice Rahman Oshodi of the Ikeja Special Offences Court has rejected an application from former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, who had questioned the court’s authority to hear his case involving alleged abuse of office amounting to $4.5 billion and N2.8 billion.
In his ruling yesterday, Justice Oshodi affirmed that the court holds the jurisdiction to try Emefiele on the charges.
The judge further stated that the Economic and Financial Crimes Commission (EFCC) had proven the court’s territorial jurisdiction for counts eight to 26 through the evidence presented in the case file.
However, the court dismissed counts one to four of the charge, which related to abuse of office.
The trial judge ruled that the allocation of foreign exchange without a bid, the focus of counts one to four, is not a criminal offense under the law.
Justice Oshodi stated, “Allocating foreign exchange without justification is not considered an offense under any written law.”
“The objection to counts one to four is upheld and those counts are hereby dismissed,” the judge stated.
He also ruled that the defendant’s challenge to the court’s territorial jurisdiction over counts eight to 26 was unsuccessful and therefore dismissed.
The judge ordered the case to proceed to trial and set the next hearing for February 24 and 26 for the continuation of the trial.
Emefiele is facing 26 charges related to the abuse of his office, which allegedly led to a loss of $4.5 billion and N2.8 billion.
His co-defendant, Henry Omoile, is also on trial for similar charges, including the illegal receipt of gifts.
In the previous court session in December, Emefiele’s lawyer, Olalekan Ojo, argued that the court in Lagos did not have the jurisdiction to hear the case.
The defense attorney argued that the alleged offenses, including abuse of office, were outside the jurisdiction of the Lagos Special Offences Court.
He claimed that the charges violated Section 36(12) of the Nigerian Constitution, asserting that the offenses Emefiele was accused of were not legally recognized.
Ojo further stated that since the Lagos State House of Assembly lacks 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, could not be applied outside the state in cases of alleged abuse of office by Emefiele.
He explained that a court’s territorial jurisdiction pertains to the geographical area where it has the authority to exercise its powers. Ojo stated that the court could not operate beyond this legal boundary.
The defense lawyer requested the court to dismiss counts one to four of the 18 amended charges filed by the EFCC on April 4 of the previous year, arguing that the alleged offenses occurred outside the court’s jurisdiction.
The EFCC’s lawyer, Mr. Rotimi Oyedepo (SAN), argued in court that it had the authority to hear the case.
He contended that the charges were clearly within the court’s jurisdiction, as the offenses occurred within its territorial boundaries.
He further emphasized that the alleged crimes were economic and financial in nature, which falls under the EFCC’s jurisdiction.
He stated that there was significant evidence supporting Lagos as the correct venue for the trial.
Oyedepo argued that the evidence and witness testimonies indicated that Lagos was the appropriate location, and that the objections raised by Emefiele’s legal team lacked factual or evidentiary support.