$4.5 Billion Fraud: EFCC Opposes Ex-CBN Governor Emefiele’s Bid to Challenge Court Jurisdiction

By Okafor Joseph Afam, December 13, 2024

The Special Offences Court sitting in Ikeja, Lagos State, has set January 7, 2025, for its ruling on an objection raised by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, regarding the $4.5 billion and N2.8 billion fraud charges leveled against him by the Economic and Financial Crimes Commission (EFCC).

During the proceedings, EFCC counsel Rotimi Oyedepo, SAN, urged Justice Rahman Oshodi to dismiss Emefiele’s application challenging the court’s jurisdiction, describing it as a tactic to derail the prosecution. Oyedepo argued that the Lagos State High Court has “unfettered jurisdiction” to hear the case, emphasizing that the alleged economic and financial crimes fall squarely within the EFCC’s mandate.

In contrast, Emefiele’s lawyer, Olalekan Ojo, SAN, contended that the court lacked jurisdiction, asserting that the former CBN Governor could not be tried in a state high court for allegations related to abuse of office. He argued that counts one to four of the 26-count charges were unconstitutional, claiming they were not grounded in Nigerian law.

Ojo urged the court to strike out the charges, maintaining that the allegations of abuse of office stemmed from Emefiele’s tenure as CBN Governor and thus should not be heard in a state court.

Oyedepo countered, stating that the alleged crimes were economic in nature and that Lagos State was the proper jurisdiction since the alleged offenses occurred there.

Emefiele and his co-defendant, Herry Omoile, have pleaded not guilty to charges that include accepting gratification, corruption, and fraudulent property receipts. The EFCC alleges that the defendants violated the Corrupt Practices Act 2000 by conferring corrupt advantages on associates.

The court’s ruling on the jurisdictional challenge is eagerly awaited on January 7, 2025, as the case continues to garner public and legal interest.

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