Court Set To Hear Emefiele’s Application Challenging Jurisdiction Tomorrow

News/Opinion

Court Set To Hear Emefiele’s Application Challenging Jurisdiction Tomorrow

Reported by Ayooluwa Afolabi

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

Justice Rahman Oshodi fixed the date after his attention was drawn to a Court of Appeal ruling that ordered him to hear the application.

At the proceedings of April 29, Emefiele, through his lawyer, Olalekan Ojo (SAN), submitted that he cannot be tried in the high court of any state in Nigeria for alleged acts of abuse of his office, as this raises the issue of constitutionality and legality.

The EFCC, through its counsel, Rotimi Oyedepo (SAN), had, however, countered this argument and asked Justice Oshodi not to defer or prevent the trial of the case, as such an approach was intended to negate Section 1 of the Administration of Criminal Justice Act, ACJA, and the purpose for which the Administration of Criminal Justice Law, ACJL, was intended to avoid undue delay in criminal cases.

According to the Leadership, 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.

The defendants, however, pleaded not guilty to the charge.

In the application, Emefiele contended that he could not be tried in any state high court in Nigeria for alleged abuses of office, as this raises significant constitutional and legal issues.

He also argued that counts 1-4 of the 26 charges filed against him by the EFCC are unconstitutional, as they are not based on any existing laws in Nigeria.

He also maintained 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.

At Tuesday‘s resumed hearing, the EFCC Counsel, Rotimi Oyedepo (SAN), informed the court that the Appellate Court had delivered a ruling on November 29 directing the judge to hear and determine the application before proceeding with the trial.

In response, Ojo informed the court that they had received the ruling electronically and intended to file it before the court. Still, he was surprised to find the prosecution tendering a Certified True Copy of the ruling to the court from the bar.

Ojo requested that the application hearing be adjourned until the next sitting of the court so that the defence could proceed with their application.

Oyedepo countered, emphasizing that all parties should comply with the Appellate Court‘s directive, as various processes have already been exchanged concerning the application.

In his ruling, Justice Oshodi acknowledged the processes filed by both parties and adjourned the application hearing to Thursday.