The Lagos State Special Offences Court, on Wednesday, dismissed an application by Godwin Emefiele. The application challenged the court’s jurisdiction over $4.5bn and N2.8bn fraud charges brought by the EFCC.
Court Confirms Jurisdiction to Try Emefiele and Co-Defendant
Justice Rahman Oshodi ruled that the court could hear the charges against Emefiele and his co-defendant, Henry Omoile. The judge, however, struck out four of the 26 charges for lack of jurisdiction.
Oshodi clarified: “Allocation of foreign exchange without justification is not an offence under any written law.” As a result, counts one to four were struck out, but counts eight to 26 remained valid.
EFCC’s Charges Against Emefiele Explained
The EFCC arraigned Emefiele on 26 charges, including abuse of office and illegal allocation of $4.5bn and N2.8bn. The anti-graft agency argued that the alleged offences fell within the court’s territorial and subject-matter jurisdiction.
Emefiele’s Counsel Challenges Lagos Court’s Jurisdiction
Emefiele’s lawyer, Mr. Olalekan Ojo (SAN), argued that the alleged offences occurred outside the Lagos court’s territorial jurisdiction. He cited Section 36(12) of the Nigerian Constitution, claiming the charges were not legally recognised.
Ojo also contended that Lagos State laws could not regulate matters on the Exclusive Legislative List. He urged the court to strike out counts one to four based on this argument.
EFCC Defends Lagos as Proper Venue for Emefiele’s Trial
EFCC counsel, Mr. Rotimi Oyedepo (SAN), insisted that the alleged crimes fell within Lagos’ territorial reach. He provided evidence linking the charges to Lagos, arguing that the court had jurisdiction.
Oyedepo stated that witness testimonies and documents supported Lagos as the appropriate trial venue. He described the defence’s objections as lacking merit and evidence.
Justice Oshodi’s Final Ruling on Jurisdiction
After hearing both sides, Justice Oshodi dismissed the objection to the court’s jurisdiction over counts eight to 26. He ruled that the EFCC had provided sufficient territorial nexus for these charges.
The judge struck out counts one to four and adjourned the case for trial continuation on February 24, 2025.
Timeline of Key Events in Emefiele’s Fraud Case
- December 12, 2024: Defence argues against Lagos court’s jurisdiction.
- January 7, 2025: Ruling adjourned for final preparation.
- January 8, 2025: Court confirms jurisdiction over most charges.
- February 24 and 26, 2025: Dates set for trial continuation.
