The Lagos State Special Offences Court has dismissed an application filed by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, seeking to challenge the court’s jurisdiction over a $4.5 billion and ₦2.8 billion fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
In a ruling delivered on Wednesday, Justice Rahman Oshodi declared that the court had the authority to hear the charges against Emefiele and his co-defendant, Henry Omoile. However, the judge struck out four of the 26 counts filed by the EFCC due to lack of jurisdiction, stating that “allocation of foreign exchange without reason is not defined as an offence under any written law.”
The objection to counts one to four was upheld, but the judge dismissed challenges to the court’s territorial jurisdiction for counts eight to 26, asserting that the EFCC had established sufficient territorial connections for the case to proceed in Lagos. The trial was adjourned to February 24 and 26, 2025.
The EFCC initially arraigned Emefiele on 26 counts, including abuse of office and the illegal allocation of funds. At the last hearing on December 12, 2024, Emefiele’s counsel, Olalekan Ojo (SAN), argued that the alleged offences fell outside the jurisdiction of the Lagos Special Offences Court and were not recognised under Nigerian law.
Ojo contended that the charges under Section 73 of the Lagos State Criminal Law (2011) were unconstitutional, as the Lagos State House of Assembly lacked authority over matters on the Exclusive Legislative List. He further argued that the court’s jurisdiction was geographically limited and urged it to strike out four of the charges.
In response, EFCC counsel, Rotimi Oyedepo (SAN), maintained that the crimes were economic and financial in nature, falling within the EFCC’s jurisdiction. He argued that evidence linked the alleged offences to Lagos, making it the appropriate venue for the trial.
Justice Oshodi had initially scheduled a ruling on January 7, 2025, but postponed it to January 8. With the dismissal of Emefiele’s application, the case will now proceed to trial next month.