The Lagos Special Offences Court, presided over by Justice Rahman Oshodi, has struck out four out of the 26 charges brought against the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, in relation to allegations of abuse of office. The charges were linked to alleged misconduct resulting in a loss of $4.5 billion and N2.8 billion during his tenure at the helm of the CBN.
Emefiele’s lawyer, Olalekan Ojo, had previously challenged the jurisdiction of the court, asserting that Emefiele could not be tried in a State High Court for offenses brought by the Economic and Financial Crimes Commission (EFCC). According to Ojo, some of the charges, particularly Counts one through four, were unconstitutional as they lacked legal grounds, and the alleged offenses occurred outside the court’s jurisdiction.
At the center of the charges were allegations that Emefiele abused his position by allocating foreign exchange without bidding, an act the EFCC claims led to substantial financial losses. In response, Emefiele’s counsel argued that such actions did not qualify as an offense under any written law, leading to the request for the dismissal of these counts.
Justice Oshodi, in his ruling, agreed with Emefiele’s argument, declaring that the allocation of foreign exchange without reason did not constitute a punishable offense in Nigerian law. Therefore, the court struck out Counts one to four, ruling that the acts in question were not defined as criminal offenses under any legal framework.
However, the court upheld its jurisdiction over the remaining counts (8-26) and rejected Emefiele’s objection to the case proceeding. Justice Oshodi concluded that the EFCC had demonstrated sufficient territorial nexus to warrant a trial in Lagos, allowing the case to continue.
“The objection challenging the court’s territorial jurisdiction over Counts 8 to 26 fails and is hereby dismissed. The prosecution has established sufficient territorial nexus in this case,” Justice Oshodi stated in his judgment.
The EFCC initially arraigned Emefiele on 26 counts of alleged misuse of office, including claims of unlawful acceptance of gifts, conspiracy, and financial misconduct, leading to the significant financial losses. Emefiele’s co-defendant, Henry Omoile, is also on trial for related offenses.
Emefiele’s lawyer, Ojo, had argued that the Lagos State House of Assembly did not have legislative authority over matters on the Exclusive Legislative List, and therefore, the case could not be heard in the Lagos court. He also invoked Section 36(12) of the Nigerian Constitution, arguing that the offenses were committed outside the court’s territorial jurisdiction.
In contrast, EFCC’s counsel, Mr. Rotimi Oyedepo (SAN), countered that the alleged crimes fell within the economic nature of the EFCC’s jurisdiction, emphasizing that substantial evidence supported Lagos as the appropriate venue for the trial. Oyedepo highlighted witness testimonies and other factual evidence establishing that the court in Lagos was competent to hear the case.
Following the ruling, Justice Oshodi set further trial dates for February 24 and 26, 2025, signaling the continuation of the legal proceedings against Emefiele and his co-defendant.
