12th December, 2024
By Akin Kuponiyi
The presiding Judge of Ikeja Special Offences Court, Justice Rahman Oshodi, has fixed January 7, 2025, on the application filed by Godwin Emefiele, former Governor of the Central Bank of Nigeria (CBN), challenging the court’s jurisdiction to hear 26-count of abuse of his office to the tune of $4.5 billion and N2.8 billion filled against him by the Economic and Financial Crimes Commission, EFCC.
His co-defendant, Henry Omoile, is also standing trial on charges related to the unlawful acceptance of gifts.
During Thursday’s sitting, Emefiele’s counsel, Olalekan Ojo SAN, argued that the court lacked jurisdiction to try the case in Lagos.
Ojo contended that the alleged offences, including abuse of office, were not within the territorial reach of the Ikeja Special Offences Court.
He also argued that the charges violated Section 36(12) of the Constitution, claiming that the actions Emefiele is accused of were not offences known to law.
He submitted that since the Legislative power of the Lagos State House of Assembly does not extend to matters on the Exclusive Legislature List, Section 73 of the Criminal Law of Lagos State 2011 under or pursuant to which Counts 1 — 4 have been laid does not and cannot have extra-territorial application to any alleged abuse of office by the Emefiele .
He contended that territorial jurisdiction of a Court implies a geographical area within which the authority of the Court may be exercised and outside of which the Court has no power to act.
He stated that the ingredients of the offence of conferring corrupt advantage under Section 19 of the Corrupt Practices and Other Related Offences Act
Ojo urged the court to strike out Counts 1 — 4 of the 18 amended information dated 3rd April, 2024 and filed on 4th April 2024 against the 1st Defendant (Emefiele) on the grounds that all times material to the commission of the said offences.
In his response, EFCC’s counsel, Rotimi Oyedepo SAN, maintained that the court has the authority to hear the case, as the alleged offences occurred within its jurisdiction.
Oyedepo submitted that the crimes in question are economic and financial, falling under the jurisdiction of the EFCC, and that the evidence supports the venue being Lagos.
Oyedepo maintained that the subject matter in the allegations levelled against the defendants are within the exclusive preserve of the court to hear and determine.
He argued that the alleged offences having being committed within the territorial jurisdiction of the court are properly laid before the Court by the Prosecution against the Defendants,
He submitted that the proper venue wherein the defendants can be tried for the alleged offences is Lagos state, wherein all the ingredients of the alleged offences took place.
He argued that the preliminary objection of 1st Defendant/Applicant and the contention therein is to the effect that the Court lacks the jurisdiction to hear and determine the case is neither predicated nor borne out of the facts in the proof of evidence and the charge as couched by the Prosecution.
He added that not only are the essential ingredients of the alleged offences committed, present within the territorial jurisdiction of court, stressing that prosecution proposed witnesses are substantially within the territorial jurisdiction of the Court.
After talking arguments from both parties, Justice Oshodi fixed January 7, 2025 for ruling.
