Friday, 13th December 2024
To guardian.ng
Search
Breaking News:

Emefiele: Court fixes January 7 for ruling on jurisdiction

By Yetunde Ayobami Ojo
12 December 2024   |   5:45 pm
Justice Rahman Oshodi of a Lagos Special Offences Court, Ikeja has fixed January 7, 2025, to rule on an application filed by Godwin Emefiele, embattled former Governor of the Central Bank of Nigeria (CBN), challenging the court's jurisdiction over his case. Emefiele, facing a 26-count charge filed by the Economic and Financial Crimes Commission (EFCC)…
Former Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, during his appearance over the alleged abuse of office at Ikeja High Court in Lagos

Justice Rahman Oshodi of a Lagos Special Offences Court, Ikeja has fixed January 7, 2025, to rule on an application filed by Godwin Emefiele, embattled former Governor of the Central Bank of Nigeria (CBN), challenging the court’s jurisdiction over his case.

Emefiele, facing a 26-count charge filed by the Economic and Financial Crimes Commission (EFCC) over abuse of office, resulting in a loss of $4.5 billion and N2.8 billion.

READ ALSO: Yuletide: IPOB vows to secure Southeast

Emefiele was charged alongside Henry Omoile for related charges, including the unlawful acceptance of gifts.
At the resumed proceedings, Emefiele’s counsel, Mr Olalekan Ojo (SAN) argued that the court lacked jurisdiction to hear the case in Lagos.
He contended that the alleged offences, including abuse of office, fell outside the territorial reach of the Ikeja Special Offences Court.

READ MORE:FRSC boss urges emotional intelligence in dealing with traffic offendersHe noted that the charges violated Section 36(12) of the Constitution.

He submitted that the offenses Emefiele were accused of were not legally recognised.

Ojo submitted that since the Lagos State House of Assembly does not have legislative authority over matters on the Exclusive Legislative List, Section 73 of the Criminal Law of Lagos State 2011 under which counts 1 to 4 were filed, cannot apply extraterritorially any alleged abuse of office by Emefiele.

He argued that a court’s territorial jurisdiction refers to the geographical area within which its authority can be exercised, and outside of this area, the court cannot act.

Ojo also urged the court to strike out counts 1 to 4 of the 18 amended information filed on April 4, 2024, because the offences occurred outside the court’s jurisdiction.

But in response to his submission, EFCC counsel, Mr. Rotimi Oyedepo (SAN) maintained that the court had the authority to hear the case.

Oyedepo argued that the alleged crimes were economic and financial in nature, within the EFCC’s jurisdiction, and that evidence supported Lagos as the appropriate venue for the trial.

READ MORE:Gov Yusuf reshuffles cabinet, sacks SSG, scraps CoS portfolio

The prosecution counsel further submitted that the subject matter of the charges fell squarely within the court’s jurisdiction, as the offences were committed within the court’s territorial reach.

He argued that the evidence and witness testimonies pointed to Lagos as the location for the trial and that the objections raised by Emefiele’s legal team were not substantiated by facts or evidence.
After hearing their arguments and submission from both parties, Justice Oshodi subsequently adjourned the matter to January 7, 2025, for ruling.

In this article

0 Comments