- Four Charges Struck Out for Lack of Jurisdiction
- Trial to Resume February 24, 2025
The Lagos State Special Offences Court has dismissed an application by former Central Bank of Nigeria Governor, Godwin Emefiele, challenging its jurisdiction in the $4.5 billion and N2.8 billion fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
Delivering his ruling on Wednesday, Justice Rahman Oshodi upheld the court’s jurisdiction to try Emefiele and his co-defendant, Henry Omoile, on most of the charges. However, the judge struck out four of the 26 counts due to lack of jurisdiction, stating that they did not constitute offences under any written law.
“Allocation of foreign exchange without reason is not defined as an offence under any written law,” Justice Oshodi ruled, striking out counts one to four. However, he dismissed objections to counts eight to 26, stating that the EFCC had established sufficient territorial nexus in Lagos for the charges.
The court has adjourned the case to February 24 and 26, 2025, for trial continuation.
Background
Emefiele and Omoile were arraigned by the EFCC on 26 charges, including abuse of office and illegal allocation of funds. The case has been marked by legal wrangling, with Emefiele’s counsel, Olalekan Ojo (SAN), arguing that the court lacked territorial jurisdiction, as the alleged offences fell outside Lagos State’s legislative authority.
Ojo contended that the charges violated Section 36(12) of the Nigerian Constitution and could not be applied extraterritorially. He urged the court to strike out the charges on these grounds.
EFCC counsel Rotimi Oyedepo (SAN) countered that the crimes, being economic and financial in nature, fell squarely within the EFCC’s jurisdiction. Oyedepo argued that substantial evidence linked the offences to Lagos, making it the appropriate venue for the trial.
Justice Oshodi initially scheduled the ruling for January 7, 2025, but adjourned to January 8 when the ruling was not ready.
