Court dismisses Emefiele’s jurisdiction challenge, strikes out four charges

In a high-profile case at the Ikeja Special Offences Court in Lagos, Justice Rahman Oshodi has dismissed the application of Godwin Emefiele, the former governor of the Central Bank of Nigeria (CBN), challenging the court’s jurisdiction to hear charges brought against him by the Economic and Financial Crimes Commission (EFCC).

Emefiele, facing a 26-count charge filed by the EFCC, is accused of abuse of office, including allocating foreign exchange totaling $2,136,391,737.33 without competitive bidding.

The EFCC alleges these actions contravened due process and were detrimental to Nigerians’ rights.

During his arraignment, Emefiele pleaded not guilty to all charges. His lead counsel, Olalekan Ojo (SAN), filed an application challenging the court’s jurisdiction, particularly on counts one to four, which centered on allegations of abuse of office.

Ojo argued that these charges were not recognized as offenses under the law, citing Section 36(12) of the 1999 Constitution (as amended). He requested the court strike them out for lack of legal basis.

In his ruling on Wednesday, Justice Oshodi upheld Emefiele’s objection to counts one to four.

He stated that the allocation of foreign exchange without competitive bidding, which formed the basis of these charges, did not constitute an offense under any written law.

“Allocation of foreign exchange without reason is not defined as an offense in any written law,” Oshodi ruled. “The objection to counts one to four succeeds and is hereby struck out.”

However, the judge dismissed the application challenging the court’s territorial jurisdiction on counts eight to 26, asserting that the EFCC had provided sufficient evidence establishing a territorial nexus for the charges.

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“The prosecution has established sufficient territorial nexus in this case. The objection challenging the court’s territorial jurisdiction over counts eight to 26 fails and is hereby dismissed,” Oshodi ruled.

With this ruling, the case will proceed to trial on the remaining counts, which include allegations of financial misconduct and abuse of office. The court has adjourned the trial to February 24 and 26, 2025.

Legal experts have weighed in on the case, noting its significance in Nigeria’s ongoing fight against corruption.

Barrister Chukwuma Eze, a constitutional law expert, remarked: “The dismissal of counts one to four highlights the importance of ensuring that charges align with clear statutory provisions. It underscores the need for anti-corruption agencies to meticulously frame charges within the bounds of existing laws.”

Economic analyst Dr. Aisha Musa added that the case has broader implications for Nigeria’s financial integrity. “As a former central bank governor, Emefiele held a critical role in managing the country’s economic stability.

The allegations, if proven, suggest systemic lapses in accountability at the highest levels.”

The case has drawn significant public attention, given Emefiele’s high-profile position and the magnitude of the allegations. Critics of the former CBN governor have called for transparency and accountability, while his supporters argue that the charges are politically motivated.

The court’s decision to proceed with trial on the remaining counts ensures that this case will remain a focal point in Nigeria’s legal and political landscape in the coming months.