Court Sets New Date For Hearing Emefiele’s Jurisdiction Challenge

Court Sets New Date For Hearing Emefiele’s Jurisdiction ChallengeThe Lagos State Special Offences Court in Ikeja has set December 12 for the hearing of an application by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, challenging the court’s jurisdiction over his trial.

Justice Rahman Oshodi scheduled the hearing after being informed of a ruling from the Court of Appeal, which directed him to address Emefiele’s jurisdictional challenge before proceeding with the case.

During the previous proceedings on April 29, Emefiele, represented by his counsel Olalekan Ojo (SAN), argued that he should not be tried in any state high court for alleged misconduct during his tenure as CBN Governor. He raised concerns about constitutional and legal implications. The Economic and Financial Crimes Commission (EFCC), however, opposed this argument, with lead counsel Rotimi Oyedepo (SAN) urging the court to continue the trial, arguing that delays would undermine the objectives of the Administration of Criminal Justice Act (ACJA) and the Administration of Criminal Justice Law (ACJL).

After hearing both parties, Justice Oshodi postponed his ruling on the jurisdictional challenge until the conclusion of the trial. Dissatisfied with this, Emefiele’s legal team filed an appeal, asking the appellate court to instruct the trial court to address the jurisdiction issue before continuing with the proceedings.

On Tuesday, during the hearing, the EFCC’s counsel informed the court that the Appellate Court had ruled on November 29, directing Justice Oshodi to resolve the jurisdictional application before moving forward with the trial. Ojo confirmed that the defense had received the ruling electronically and sought a formal submission. He requested a postponement of the hearing to allow the defense to submit the necessary documents. However, Oyedepo emphasized the importance of adhering to the Appellate Court’s ruling, noting that relevant documents had already been exchanged.

Justice Oshodi acknowledged the submissions from both parties and set the new hearing date for December 12.

The EFCC had brought Emefiele before the court on April 8, 2024, along with Herry Omoile, accusing them of accepting bribes, receiving gifts through intermediaries, and engaging in corruption. Emefiele is also accused of offering corrupt advantages to his associates in violation of the Corrupt Practices Act of 2000. Both defendants have pleaded not guilty to the charges.

In his application challenging the court’s jurisdiction, Emefiele argues that Counts 1-4 of the 26-count charge filed by the EFCC are unconstitutional, as they have no legal basis in Nigerian law. He further contends that the court lacks the jurisdiction to adjudicate the offense of abuse of office related to his role as CBN Governor during the alleged offenses. His counsel is seeking to have these counts struck out, claiming the acts outlined in them are not offenses recognized by law under Section 36(12) of the 1999 Constitution (as amended).

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