Court Dismisses Emefiele’s Application Challenging Jurisdiction in $4.5bn Fraud Case
The Lagos State Special Offences Court has dismissed an application filed by the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, challenging the court’s jurisdiction to hear the $4.5 billion and ₦2.8 billion fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC).
Delivering the ruling on Wednesday, Justice Rahman Oshodi affirmed the court’s jurisdiction to try Emefiele and his co-defendant, Henry Omoile. However, the judge struck out four of the 26 charges filed by the EFCC, citing a lack of jurisdiction over those counts.
Court Ruling
Justice Oshodi clarified the decision, stating:
“Allocation of foreign exchange without reason is not defined as an offence under any written law. The objection to counts one to four succeeds and is hereby struck out.”
Regarding the remaining counts, the judge ruled that the court had sufficient jurisdiction to proceed.
“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,” he said.
The trial was subsequently adjourned to February 24 and 26, 2025, for continuation.
Background of the Case
The EFCC arraigned Emefiele on 26 charges, including abuse of office and illegal allocation of $4.5 billion and ₦2.8 billion. The allegations center on economic and financial crimes, which the EFCC asserts fall squarely within its jurisdiction.
At the last court hearing on December 12, 2024, Emefiele’s counsel, Mr. Olalekan Ojo (SAN), had argued that the Lagos Special Offences Court lacked jurisdiction to hear the case. He contended that the alleged offences were not recognized under Nigerian law and fell outside the territorial reach of the court.
Ojo further argued that the Lagos State House of Assembly does not have legislative authority over matters on the Exclusive Legislative List. As a result, Section 73 of the Criminal Law of Lagos State (2011), under which counts one to four were filed, could not be applied extraterritorially to the alleged offences committed by Emefiele.
EFCC’s Counterarguments
In response, EFCC counsel, Mr. Rotimi Oyedepo (SAN), maintained that the court had jurisdiction, emphasizing that the charges involved economic and financial crimes within Lagos State.
Oyedepo argued that evidence and witness testimonies indicated that the alleged offences occurred within Lagos, making it the appropriate venue for the trial. He further dismissed the objections raised by Emefiele’s legal team as lacking factual or evidential merit.
Timeline and Adjournments
The ruling on the jurisdictional challenge was initially scheduled for January 7, 2025, but was delayed until January 8, 2025. With the jurisdictional issue now resolved, the court has set the trial for continuation in late February.
Implications
The court’s decision marks a significant development in the high-profile case, paving the way for substantive hearings on the remaining charges. The EFCC’s prosecution team has expressed readiness to proceed, while Emefiele’s defense is expected to continue its legal battle.
The trial is closely watched, as it involves one of the most influential figures in Nigeria’s financial sector, with far-reaching implications for accountability and governance in the country.