Court hears Emefiele’s objection to $4.5bn, N2.8bn fraud charges
The Lagos State Special Offences Court in Ikeja has set December 12, 2024, as the date to hear an application filed by former Central Bank of Nigeria Governor, Godwin Emefiele, challenging the $4.5bn and N2.8bn fraud charges brought against him by the Economic and Financial Crimes Commission.
Emefiele, alongside his co-defendant, Henry Omoile, faces 26 counts filed by the EFCC before Justice Rahman Oshodi.
Following his arraignment, Emefiele’s counsel, Olalekan Ojo (SAN), filed an application contesting the court’s jurisdiction to hear the charges.
However, Justice Oshodi initially deferred the hearing of the application until after the trial.
Emefiele appealed the decision at the Court of Appeal, arguing that he cannot be tried in any state high court in Nigeria for alleged abuse of office.
He further contended that the first four counts of the charges lack constitutional basis, claiming they are not rooted in existing Nigerian laws.
In the application, Emefiele’s counsel requested the court to strike out counts one to four of the charges, citing that the court lacks jurisdiction to try the offence of abuse of office concerning the defendant’s position as Central Bank Governor during the alleged offences.
He also argued that the alleged arbitrary actions do not constitute offences under Nigerian law, as stipulated by Section 36(12) of the 1999 Constitution, as amended.
At Tuesday’s hearing, which was initially scheduled for the cross-examination of the seventh prosecution witness, Ayoh Adetola, EFCC counsel, Rotimi Oyedepo (SAN), informed the court of a ruling by the Court of Appeal delivered on November 29, 2024.
The appellate court directed the lower court to first hear and determine Emefiele’s application before proceeding with the trial.
Emefiele’s counsel, Ojo, expressed surprise at the EFCC submitting a Certified True Copy of the ruling to the court and requested an adjournment to prepare for the application hearing.
Oyedepo opposed the request, insisting that the appellate court’s directive should be followed without delay since relevant processes had already been exchanged.
Justice Oshodi, acknowledging the submissions from both sides, adjourned the matter till December 12, 2024, for the hearing of Emefiele’s application.
