An Ikeja Special Offences Court on Wednesday dismissed an application filed by the former Governor of the Central Bank, Godwin Emefiele, challenging its jurisdiction to hear the $4.5 billion and ₦2.8 billion fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
Emefiele faces a 26-count charge from the EFCC, alleging abuse of office and economic crimes, while his co-defendant, Henry Omoile, is also charged with related offences, including unlawful acceptance of gifts.
Delivering the ruling, Justice Rahman Oshodi held that the court had jurisdiction over counts eight to 26, citing relevant legal authorities and evidence presented in the case file. However, the court struck out counts one to four, which centered on abuse of office through the allocation of foreign exchange without bidding, noting that such actions were not punishable under Nigerian law.
“Allocation of foreign exchange without reason is not defined as an offence in any written law,” Justice Oshodi declared. “The objection to counts one to four succeeds and is hereby struck out. 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.
The judge subsequently adjourned the trial to February 24, 2025, for continuation.
Earlier, Emefiele’s counsel, Olalekan Ojo (SAN), had argued that the court lacked jurisdiction to hear the case, claiming the alleged offences occurred outside Lagos and violated Section 36(12) of the Constitution. He further asserted that the Lagos State House of Assembly lacked legislative authority over matters on the Exclusive Legislative List, contending that Section 73 of the Criminal Law of Lagos State, 2011, could not apply to Emefiele’s alleged actions.
In response, EFCC counsel Rotimi Oyedepo (SAN) argued that the court had jurisdiction, emphasizing that the economic and financial nature of the alleged offences made Lagos the appropriate venue for the trial. He added that evidence and witness testimonies established Lagos as the proper jurisdiction.
With the dismissal of Emefiele’s jurisdictional plea, the court has set the stage for the trial to proceed on the remaining charges.
