Former CBN Governor, Emefiele, Queries Court's Jurisdiction To Try Him On Office Abuse

Justice Rahman Oshodi of an Ikeja Special Offences Court on Monday, April 29, 2024, declared that he would deliver a ruling at the end of trial, on the application filed by Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, confronting the jurisdiction of the court to try him on the charge slammed against him by the Economic and Financial Crimes Commission (EFCC).

The former CBN helmsman had through his counsel, Olalekan Ojo (SAN), maintained that he could not be prosecuted in the High Court of any state in Nigeria for alleged acts of abuse of office, adding that it raises issues of constitutionality and legality.

Emefiele equally insisted that counts 1-4 of the 26 counts charge filed by the anti-graft agency against him are unconstitutional as they are not contained in any law in Nigeria.

The former CBN governor urged Justice Oshodi to issue an order striking out counts one to four of the charge because: “The Honourable Court has no jurisdiction to try the offence of abuse of office in relation to the office of the Governor of the Central Bank of Nigeria which the 1st defendant occupied at all times material to the commission of the offences.

“The 1st defendant’s/applicant’s acts said to constitute arbitrary acts resulting in abuse of office are not offences known to the law as mandatorily required by Section 36(12) of the Constitution of the Federal Republic of Nigeria 1999 as amended.”

But the lawyer for the commission, Rotimi Oyedepo (SAN), raised an opposition to Emefiele's contentions.

Referencing cases of the Supreme Court of Nigeria, Oyedepo prayed to Justice Oshodi not to defer or prevent the trial of the case based on objections challenging the particulars of the counts of the information.

According to Oyedepo (SAN), “That approach is intended to take us back to where we are coming from as this was the basis for Section 1 of the Administration of Criminal Justice Act, ACJA, and the purpose for which Administration of Criminal Justice Law, ACJL, was intended. The intention of our collective resolution as a nation was to prevent undue delay in our criminal cases.

“I urge my lord to refuse this invitation, trial has commenced, this application to prevent the trial today is unlawful, illegal, and unconstitutional and I urge the court not to depart from the decision of the apex court as to do so would amount to judicial rascality.”

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