EFCC asks court to strike out Emefiele’s application on jurisdiction

The Economic and Financial Crimes Commission (EFCC) has asked Justice Rahman Oshodi of the Lagos State Special Offences Court sitting in Ikeja to strike out an application filed by former Governor of the Central of Bank of Nigeria (CBN), Godwin Emefiele, challenging the jurisdiction of the court.

Through its counsel, Senior Advocate of Nigeria, Rotimi Oyedepo, the commission described the application as “a ploy to frustrate the prosecution from conducting its constitutional mandate, which includes diligent prosecution of economic and financial crimes”.

Oyedepo also insisted that the state high court has unfettered jurisdiction to hear and determine the charge on its merit, contrary to the arguments of Emefiele’s lawyer, Senior Advocate of Nigeria, Olalekan Ojo, that the court lacks the jurisdiction to hear the subject matter of the case.

In his application challenging the powers of the court, Ojo had argued that Emefiele could not be tried in any state high court in Nigeria for alleged abuse of office, as this raises significant constitutional and legal issues.

The senior lawyer also argue that counts one to four of the 26-count charges filed against him by the EFCC are unconstitutional, as they are not based on any existing laws in Nigeria.

He submitted that the court does not have jurisdiction to try the offence of abuse of office related to the position of Governor of the Central Bank of Nigeria held by the defendant at the time of the alleged crimes.

Ojo, therefore, urged the court to strike out the charge against the defendant for lack of jurisdiction.

In his response, Oyedepo argued that the allegations against Emefiele are economic and financial crimes, which the EFCC is statutorily empowered to investigate and prosecute before the court.

He also submitted that the proper venue where the defendants can be tried for the alleged offences is Lagos State, where all the ingredients of the alleged crimes took place.

Oyedepo asked the court strike out the application challenging jurisdiction for lack of merit and urged the court assume jurisdiction over the case.

After listening to all the arguments, Justice Oshodi fixed January 7, 2025 for his ruling.

It would be recalled that the former CBN boss was arraigned before the court by the Economic and Financial Crimes Commission (EFCC) alongside one Herry Omoile on allegations of accepting gratification, accepting gifts through agents, corruption, and fraudulent property receipts.

The anti-graft agency also accused the defendant of conferring corrupt advantage on his associates contrary to the Corrupt Practices Act 2000.