EFCC Asks Court To Strike Out Emefiele’s Application On Jurisdiction

The Economic and Financial Crimes Commission (EFCC) yesterday asked Justice Rahman Oshodi of the Lagos State Special Offences Court in Ikeja to dismiss an application filed by former governor of the Central of Bank of Nigeria (CBN), Godwin Emefiele, challenging the jurisdiction of the court.

The EFCC, through its counsel, Rotimi Oyedepo (SAN), described the application as a ploy to frustrate the prosecution from conducting its constitutional mandate, which includes diligent prosecution of economic and financial crimes.

Oyedepo also insisted that the state high court has unfettered jurisdiction to hear and determine the charge on its merit contrary to the argument of Emefiele’s lawyer, Olalekan Ojo (SAN), that the court lacks the jurisdiction to hear the subject matter of the case.

The former CBN boss was arraigned before the court by the 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, Ojo had argued that the accused cannot be tried in any state high court in Nigeria for alleged abuses of office, as this raises significant constitutional and legal issues.
The senior lawyer also argued that counts one to four of the 26-count charge filed against the respondent by the EFCC were unconstitutional as they are not based on any existing laws in Nigeria.

He also maintained the court does not have jurisdiction to try the offence of abuse of office related to the position of the CBN governor held by the defendant at the time of the alleged crimes.

Ojo, therefore, urged the court to strike out the charge against the defendant for lack of jurisdiction.

In his response, Oyedepo stated that the allegations against Emefiele are economic and financial crimes, which the EFCC is statutorily empowered to investigate and prosecute before the court.

He also submitted that the proper venue wherein the defendants can be tried for the alleged offences is Lagos State, wherein all the ingredients of the alleged offences took place.

Oyedepo prayed the court to strike out the application for lacking in merit and assumed jurisdiction over the case.

Justice Oshodi fixed January 7 for ruling.