The Lagos State Special Offences Court, Ikeja, on Wednesday, dismissed an application filed by the embattled former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, challenging the court’s jurisdiction to hear his case.
Justice Rahman Oshodi ruled that the court has jurisdiction to try Emefiele on counts eight to 26 of the charges brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Oshodi based his decision on relevant statutory and constitutional provisions, holding that the EFCC had established sufficient territorial jurisdiction through the evidence presented.
However, the court struck out counts one to four, which alleged abuse of office, citing a lack of legal basis.
The charges focused on allegations of foreign exchange allocation without bids, which the judge ruled was not defined as an offence under Nigerian law.
“Allocation of foreign exchange without reason is not defined as an offence in any written law. The objection to counts one to four succeeds and is hereby struck out,” Justice Oshodi said.
Emefiele, alongside his co-defendant Henry Omoile, is facing a 26-count charge alleging financial misconduct resulting in a loss of $4.5 billion and ₦2.8 billion.
Omoile faces related charges, including the unlawful acceptance of gifts.
Emefiele’s counsel, Olalekan Ojo (SAN), argued that the Lagos court lacked jurisdiction, as the alleged offences occurred outside its territorial reach.
He also contended that counts one to four violated Section 36(12) of the Nigerian Constitution, asserting that the alleged actions were not legally recognized offences.
Conversely, EFCC counsel Rotimi Oyedepo (SAN) argued that the alleged crimes, being economic and financial in nature, fall within the EFCC’s jurisdiction.
He provided evidence and witness testimonies establishing Lagos as the appropriate venue for the trial.
Dismissing the jurisdictional objection, Justice Oshodi ruled, “The prosecution has established sufficient territorial nexus in this case.”
The court has set February 24 and 26, 2025, for the continuation of the trial.