By Ayomide Otitoju
The Lagos State Special Offences Court in Ikeja has scheduled December 12 for the hearing of an application by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, contesting the court’s jurisdiction to try him.
Justice Rahman Oshodi fixed the date following a directive from the Court of Appeal, which overturned his earlier decision to defer ruling on the application until the trial’s conclusion.
Emefiele’s Argument on Jurisdiction
During proceedings on April 29, Emefiele, represented by senior advocate Olalekan Ojo (SAN), argued that the state high court lacks the authority to try him for alleged abuse of office. He claimed the charges raise constitutional questions and fall outside the jurisdiction of the Lagos court.
The Economic and Financial Crimes Commission (EFCC), represented by Rotimi Oyedepo (SAN), countered this position, asserting that delaying the trial undermines the Administration of Criminal Justice Act (ACJA) and the purpose of the Administration of Criminal Justice Law (ACJL) in ensuring expeditious criminal proceedings.
Appeal Court’s Directive
Dissatisfied with Justice Oshodi’s decision to defer ruling on the jurisdiction application, Emefiele’s counsel appealed to the Court of Appeal. On November 29, the appellate court directed the trial court to resolve the jurisdictional challenge before proceeding with the case.
At Tuesday’s hearing, Oyedepo presented a Certified True Copy of the appellate court’s ruling to Justice Oshodi, while Ojo confirmed receipt of the decision electronically and requested an adjournment to allow the defense to file necessary applications.
Justice Oshodi, acknowledging the submissions of both parties, adjourned the case to December 12 for the hearing of the jurisdiction application.
Background of the Case
Emefiele was arraigned on April 8, 2024, alongside Herry Omoile on charges brought by the EFCC, including accepting gratification, corruption, and fraudulent property receipts. Both defendants pleaded not guilty to the 26-count charge.
Emefiele’s application challenges Counts 1-4 of the charges, arguing that they are unconstitutional and not based on existing Nigerian laws. He maintains that the alleged offences of abuse of office related to his role as CBN Governor fall outside the court’s jurisdiction and violate Section 36(12) of the 1999 Constitution, which requires offences to be explicitly defined by law.
Next Steps
The December 12 hearing will determine whether the case can proceed under the Lagos State Special Offences Court or if the jurisdictional challenge will require the charges to be reassessed. Both parties have exchanged processes, setting the stage for a critical legal argument on constitutional and procedural grounds.
