Court Rejects Emefiele’s Plea Challenging Jurisdiction in $4.5bn, ₦2.8bn Fraud Case

• Court upholds jurisdiction in Emefiele’s $4.5bn, ₦2.8bn fraud case.
• Four charges dismissed; 22 counts remain.
• Trial adjourned to February 24, 2025.

An Ikeja Special Offences Court has dismissed an application by former Central Bank Governor Godwin Emefiele challenging its jurisdiction to hear a $4.5 billion and ₦2.8 billion fraud case filed against him by the Economic and Financial Crimes Commission (EFCC).

EKO HOT BLOG reports that Emefiele is facing 26 charges, including alleged abuse of office and economic crimes. His co-defendant, Henry Omoile, is also charged with related offences, including the unlawful acceptance of gifts.

Delivering the ruling, Justice Rahman Oshodi upheld the court’s jurisdiction over counts eight to 26, citing legal precedents and evidence in the case file. However, the court struck out counts one to four, which involved allegations of foreign exchange allocation without bidding, ruling that such actions were not defined as offences under Nigerian law.

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“Allocation of foreign exchange without reason is not classified as an offence in any written law,” Justice Oshodi stated. “The objection to counts one to four succeeds and is hereby struck out. The objection challenging the court’s territorial jurisdiction over counts eight to 26 fails and is hereby dismissed. The prosecution has demonstrated sufficient territorial nexus in this case.”

The court adjourned the trial to February 24, 2025, for continuation.

Earlier, Emefiele’s lawyer, Olalekan Ojo (SAN), argued that the court lacked jurisdiction, claiming the alleged offences occurred outside Lagos and contravened Section 36(12) of the Constitution.

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He also contended that the Lagos State House of Assembly lacked authority over matters on the Exclusive Legislative List and that Section 73 of the Criminal Law of Lagos State, 2011, could not be applied to his client’s alleged actions.

In response, EFCC counsel Rotimi Oyedepo (SAN) countered that the court had jurisdiction, emphasizing that the economic and financial nature of the alleged crimes made Lagos the appropriate venue for the trial. Oyedepo also pointed to evidence and witness testimonies that supported the territorial link to Lagos.

With Emefiele’s jurisdictional challenge dismissed, the case will now proceed on the remaining charges.

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