Lagos Court Set Date To Address Emefiele’s Jurisdiction Plea

The Lagos State Special Offences Court in Ikeja has fixed December 12 for the hearing of an application by former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, challenging the court’s jurisdiction in his ongoing trial.

Justice Rahman Oshodi scheduled the hearing following a directive from the Court of Appeal, which mandated him to address the jurisdictional application before proceeding with the trial.

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EKO HOT BLOG reports that Emefiele’s counsel, Olalekan Ojo (SAN), argued on April 29 that his client could not be tried in any state high court for alleged abuses of office, citing significant constitutional concerns. However, the Economic and Financial Crimes Commission (EFCC), represented by Rotimi Oyedepo (SAN), countered that delaying the case would undermine the objectives of the Administration of Criminal Justice Act (ACJA) and the Administration of Criminal Justice Law (ACJL).

After initially deferring his ruling on the jurisdictional challenge, Justice Oshodi was directed by the appellate court on November 29 to hear and resolve the application before continuing the trial.

During Tuesday’s hearing, Ojo requested an adjournment to formally submit the ruling. Oyedepo emphasized the need for adherence to the appellate court’s directive, noting the exchange of relevant documents.

Emefiele and co-defendant Herry Omoile were arraigned by the EFCC on April 8 on charges including bribery, corruption, and fraudulent property receipts. Both pleaded not guilty.

Emefiele’s Jurisdiction

In his application, Emefiele contends that counts 1-4 of the 26-count charge are unconstitutional, lacking a basis in Nigerian law. He further argues the court lacks jurisdiction to try allegations of abuse of office tied to his role as CBN Governor, stating such acts are not recognized as offenses under Nigerian law, per Section 36(12) of the 1999 Constitution.

Justice Oshodi adjourned the hearing to December 12 for further proceedings.

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