The Ikeja Special Offences Court on Wednesday dismissed an application by former Central Bank Governor, Godwin Emefiele, challenging the court’s jurisdiction over the multi-billion dollar fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC).
Emefiele is accused of embezzling $4.5 billion and ¦ 2.8 billion during his tenure as the head of the country’s central bank.
He faces 26 charges from the EFCC, including abuse of office and economic crimes. His co-defendant, Henry Omoile, is also charged with related offences, including the unlawful acceptance of gifts.
In delivering the ruling, Justice Rahman Oshodi affirmed that the court had jurisdiction over counts eight to 26, referencing relevant legal authorities and evidence presented in the case. However, the court struck out counts one to four, which focused on abuse of office related to the allocation of foreign exchange without bidding, noting that such actions were not defined as offences under Nigerian law.
“Allocation of foreign exchange without reason is not classified as an offence in any written law,” Justice Oshodi remarked.
“The objection to counts one to four is upheld and these counts are hereby struck out. The objection challenging the court’s jurisdiction over counts eight to 26 fails and is hereby dismissed. The prosecution has demonstrated sufficient territorial jurisdiction in this case,” the judge stated.
The trial has been adjourned until February 24, 2025.
Earlier, Emefiele’s counsel, Olalekan Ojo (SAN), had argued that the court lacked jurisdiction to hear the case, claiming that the alleged offences took place outside Lagos and violated Section 36(12) of the Constitution. He further contended that the Lagos State House of Assembly lacked the legislative authority over matters on the Exclusive Legislative List and that Section 73 of the Criminal Law of Lagos State, 2011, could not be applied to Emefiele’s alleged actions.
In response, EFCC counsel Rotimi Oyedepo (SAN) insisted that the court had jurisdiction, emphasising that the economic and financial nature of the alleged offences made Lagos the proper venue for the trial. He also highlighted that evidence and witness testimonies supported Lagos as the appropriate jurisdiction.
The ruling now clears the way for the continuation of the trial, which has been adjourned until February 24, 2025.