Kemisola Oye
A Lagos Special Offences Court sitting in Ikeja has scheduled a hearing in an application filed by the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, challenging the jurisdiction of the court for 12 December 2024.
Emefiele is challenging the court’s jurisdiction to try him on charges brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Rahman Oshodi initially postponed the hearing of the application until after the trial. However, Emefiele, through his lawyer, Olalekan Ojo (SAN), expressed dissatisfaction with this decision and subsequently approached the Court of Appeal.
Emefiele contends that he cannot be tried in any state High Court in Nigeria for alleged abuse of office, as this raises significant constitutional and legal issues.
He also argues that counts 1-4 of the 26 charges filed against him by the EFCC are unconstitutional, as they are not based on any existing laws in Nigeria.
His counsel has therefore urged the court to strike out counts one to four of the charges on two main grounds:
1. The court does not have jurisdiction to try the offence of abuse of office in relation to the position of Governor of the Central Bank of Nigeria held by the defendant at the time of the alleged offences.
2. The actions attributed to the defendant that are said to constitute arbitrary acts resulting in an abuse of office are not recognized as offences under the law, as required by Section 36(12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
During the resumption of trial, which was set for the cross-examination of the seventh prosecution witness, counsel to the EFCCl, Rotimi Oyedepo (SAN), informed the court that the appellate court had delivered a ruling on 29 November directing the judge to hear and determine the application before proceeding with the trial.
In response, Emefiele’s lawyer, Olalekan Ojo (SAN), informed the court that they had received the ruling electronically and intended to file a notification regarding it.
However, they were surprised to find the prosecution submitting a Certified True Copy of that ruling to the court from the bar.
Ojo requested that the court adjourn the hearing of the application until the next date to allow the defence to proceed with its application.
On the other hand, Oyedepo countered this request, emphasizing that all parties should comply with the directive of the appellate court since various processes have already been exchanged concerning the application.
In his ruling, Justice Oshodi acknowledged the processes filed by both parties and adjourned further hearing.
Eighteen-Eleven Media