Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, has determined to entertain an application filed by the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, on December 12, 2024, questioning the jurisdiction of the court to hear charges brought against him by the Economic and Financial Crimes Commission (EFCC).
Remember that the former CBN governor, represented by his lawyer, Olalekan Ojo, SAN, had contended that the Lagos Court lacked the jurisdiction to try him for alleged abuses of office during his tenure as the governor of CBN.
He argued that the first four counts of the 26 charges filed by the EFCC are unconstitutional as they are not rooted in any existing Nigerian law.
Emefiele’s legal team is consequently asking that the charges be dismissed on two grounds: first, that the court has no jurisdiction over abuse-of-office allegations related to his former position; and second, that the alleged acts do not constitute recognized offences under Nigerian law as required by Section 36(12) of the 1999 Constitution (as amended).
Also remember that Justice Oshodi had reserved hearing on the application, opting to address it after the trial.
Emefiele who is not satisfied headed for the Lagos Division of the Court of Appeal, which ruled on November 29 that the jurisdictional application must be heard before the trial proceeds.
At the resumed hearing, counsel for the EFCC, Rotimi Oyedepo, SAN, informed the court of the appellate ruling and submitted a Certified True Copy of the decision.
Emefiele’s legal team led by a Senior Advocate of Nigeria, Ojo acknowledged receiving the ruling electronically and requested an adjournment to prepare further arguments for the application.
But Oyedepo opposed the delay, emphasizing the need for compliance with the appellate court’s directive.
In response, Justice Oshodi acknowledged the submissions from both sides and adjourned for the hearing of the application.