The Ikeja special offences court in Lagos has dismissed the application of Godwin Emefiele, former governor of the Central Bank of Nigeria (CBN), challenging its jurisdiction.
Emefiele was arraigned at the Lagos court on a 26-count
charge related to abuse of office.
The charges were filed by the Economic and Financial Crimes
Commission (EFCC), accusing Emefiele of allocating foreign exchange totaling
$2,136,391,737.33 without competitive bidding, an act deemed prejudicial to the
rights of Nigerians.
During the trial, Emefiele pleaded not guilty to the
charges, and through his lawyer, Olalekan Ojo, challenged the court’s
jurisdiction to entertain the charges filed by the EFCC.
Ojo requested the court strike out counts one to four,
arguing that the offences related to abuse of office were not recognised by
law, as required by section 36(12) of the 1999 Constitution (as amended).
WEDNESDAY’S RULING
On Wednesday, Rahman Oshodi, the trial judge, ruled that the
anti-graft agency had established a territorial jurisdiction on count eight to
26 with various facts in the proof of evidence attached with the case file.
The judge struck out counts one to four of the charge
bothering on abuse of office.
Oshodi ruled that the allocation of foreign exchange without
bid, which was the subject of counts one to four, was not punishable under law.
He added that the law does not recognise the action as an
offense.
“Allocation of foreign exchange without reason is not
defined as an offense in any written law,” the judge ruled.
“The objection to counts one to four succeeds and is hereby
struck out.
“The objection challenging the court’s territorial
jurisdiction over count eight to 26 fails and is hereby dismissed.
“The prosecution has established sufficient territorial
nexus in this case.”
Oshodi said the case will proceed to trial, with the next
hearing adjourned to February 24 and 26, 2025.