Former Central Bank of Nigeria (CBN) Governor Godwin Emefiele has challenged the jurisdiction of the Lagos Special Offences Court, sitting in Ikeja, to try him for alleged abuse of office.
The challenge spurred Justice Rahman Oshodi to fix tomorrow for hearing an application filed by Emefiele’s counsel, Olakekan Ojo, challenging the jurisdiction of the court to try him.
The Economic and Financial Crimes Commission (EFCC) filed a 26-count charge bordering on abuse of office to the tune of $4.5 billion and N2.8 billion against the ex-CBN governor.
His co-defendant, Henry Omoile, is standing trial on three counts bordering on unlawful acceptance of gifts by agents.
During the resumed hearing of the matter yesterday, Ojo expressed the dissatisfaction of his client to be tried by the court.
The lawyer said the Appeal Court had directed that the lower court should hear the application challenging jurisdiction before going further in the trial.
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He contended that Emefiele could not be tried in any state High Court in Nigeria for alleged abuse of office, saying such a trial raises significant constitutional and legal issues.
Ojo described that counts One to Four of the 26 charges filed against Emefiele as unconstitutional, saying they were not based on any existing laws in Nigeria.
He requested the court to strike out counts one to four of the charges on the grounds:
* that the court does not have jurisdiction to try the offence of abuse of office in relation to the position of Governor of the Central Bank of Nigeria held by the defendant at the time of the alleged offences.
* that the actions attributed to the defendant that were said to constitute arbitrary acts resulting in an abuse of office are not recognised as offences under the law, as required by Section 36(12) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
But EFCC’s counsel, Rotimi Oyedepo (SAN), told the court that the trial was set for resumption of cross-examination of the seventh prosecution witness.