Court Fixes New Date To Hear Emefiele’s Application Challenging Jurisdiction

The Lagos State Special Offences Court located in Ikeja has scheduled December 12 for the hearing of an application submitted by the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, contesting the court’s jurisdiction.

Naijaonpoint reports that Justice Rahman Oshodi set this date after being made aware of a ruling from the Court of Appeal, which mandated him to address the application.

During the proceedings on April 29, Emefiele, represented by his attorney, Olalekan Ojo (SAN), argued that he could not be tried in any state high court in Nigeria for alleged abuses of his office, as this raises significant constitutional and legal concerns.

In response, the Economic and Financial Crimes Commission (EFCC), represented by counsel Rotimi Oyedepo (SAN), opposed this argument, urging Justice Oshodi to proceed with the trial, asserting that delaying the case would undermine Section 1 of the Administration of Criminal Justice Act (ACJA) and the objectives of the Administration of Criminal Justice Law (ACJL), which aims to prevent unnecessary delays in criminal proceedings.

Following these arguments, Justice Oshodi postponed his ruling on the jurisdictional challenge until the conclusion of the trial.

Dissatisfied with this outcome, Emefiele’s attorney, Olalekan Ojo, filed an appeal against the decision to defer the ruling, requesting that the appellate court instruct the trial court to address the application concerning its authority to adjudicate the case.

At the subsequent hearing on Tuesday, the EFCC’s counsel informed Justice Oshodi that the Appellate Court had issued a ruling on November 29, directing him to hear and resolve the jurisdictional application prior to continuing with the trial.

Ojo informed the court that the defense team had received the ruling electronically and planned to submit it formally. He expressed surprise at the prosecution’s decision to present a Certified True Copy of the ruling from the bar.

Ojo requested an adjournment of the hearing for the application until the next court session, allowing the defense to proceed with their submission.

In response, Oyedepo stressed the importance of all parties adhering to the Appellate Court’s directive, noting that various documents related to the application had already been exchanged.

Justice Oshodi, in his ruling, recognized the submissions from both parties and scheduled the hearing of the application for Thursday, December 12th.

On April 8, 2024, the former CBN governor was brought before the court by the EFCC, along with Herry Omoile, facing allegations of accepting bribes, receiving gifts through intermediaries, corruption, and fraudulent property receipts.

The anti-corruption agency also accused the defendant of providing corrupt advantages to his associates, in violation of the Corrupt Practices Act 2000.

The defendants, however, entered a plea of not guilty to the charges.

In the application contesting the court’s jurisdiction, Emefiele argues, among other points, that counts 1-4 of the 26-count charge brought against him by the EFCC are unconstitutional, as they lack a basis in existing Nigerian law.

He further asserted that the court lacks jurisdiction to adjudicate on the offense of abuse of office concerning his role as Governor of the Central Bank of Nigeria at the time of the alleged offenses.

His counsel specifically asked the court to make an order striking out Counts 1 – 4 of the 1st amended information on the grounds that:

• The Honourable Court has no jurisdiction to try the offence of abuse of office in relation to the office of the Governor of the Central Bank of Nigeria which the 1st Defendant occupied at all times material to the commission of the offences and
• The 1st Defendant’s/Applicant’s acts said to constitute arbitrary acts resulting in abuse of office are not offences known to the law as mandatorily required by section 36(12) of the Constitution of the Federal Republic of Nigeria 1999 as amended.