The former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has filed an application challenging the jurisdiction of the Lagos High Court to try him on charges brought by the Economic and Financial Crimes Commission (EFCC).
Emefiele, through his lawyer, Senior Advocate of Nigeria Olalekan Ojo, contends that he cannot be tried in any state high court for alleged acts of abuse of his office due to issues of constitutionality and legality.
Emefiele’s counsel argues that counts 1-4 of the 26-count charge filed by the EFCC are unconstitutional, asserting that the charges are not rooted in any Nigerian law. The defense is asking the court to strike out these counts, citing two primary reasons:
- The Lagos High Court has no jurisdiction to try offences relating to the office of the Governor of the Central Bank of Nigeria.
- The alleged acts of arbitrary behavior resulting in abuse of office are not legally recognized as offences under the Nigerian Constitution.
The EFCC’s counsel, Senior Advocate of Nigeria Rotimi Oyedepo, countered the arguments, referencing Supreme Court rulings and emphasizing the need to prevent undue delay in criminal cases.
Oyedepo urged the trial judge, Justice Rahman Oshodi, to continue with the trial, stating that deferring or preventing the case from proceeding would undermine the intentions behind the Administration of Criminal Justice Act and the Administration of Criminal Justice Law.
“This application to prevent the trial today is unlawful, illegal, and unconstitutional. I urge the court not to depart from the decisions of the apex court, as it would amount to judicial rascality,” said Oyedepo.
Justice Oshodi has deferred ruling on the application until the end of the trial. The court’s decision will likely impact the direction of Emefiele’s trial and could set a significant precedent for future cases involving high-ranking officials.
