Court don fix new date to take hear Emefiele application wey dey challenge court power

Di Lagos State Special Offences Court wey dey Ikeja don schedule December 12 for di hearing of one application wey di former Governor of di Central Bank of Naija(CBN), Godwin Emefiele, submit to contest di court’s jurisdiction.

According to di report wey talk say, Justice Rahman Oshodi set dis date afta dem inform am of one ruling from di Court of Appeal, wey mandate am to address di application.

During di proceedings on April 29, Emefiele, wey him attorney, Olalekan Ojo (SAN), represent, argue say dem no fit try am for any state high court for Naija for alleged abuses of him office, as dis raise significant constitutional and legal concerns.

For di response, di Economic and Financial Crimes Commission (EFCC), wey counsel Rotimi Oyedepo (SAN) represent, oppose dis argument.

Urging Justice Oshodi to proceed with di trial, as e dey talk say delaying di case go undermine Section 1 of di Administration of Criminal Justice Act (ACJA) and di objectives of di Administration of Criminal Justice Law (ACJL), wey aim to prevent unnecessary delays for criminal proceedings.

Following di arguments, Justice Oshodi don postpone him ruling on di jurisdictional challenge until di conclusion of di trial.

Dissatisfied with dis outcome, Emefiele’s attorney, Olalekan Ojo, file an appeal against di decision to defer di ruling, wey him dey request say di appellate court instruct di trial court to address di application concerning its authority to adjudicate di case.

For di subsequent hearing on Tuesday, di EFCC’s counsel inform Justice Oshodi say di Appellate Court don issue one ruling on November 29, directing am to hear and resolve di jurisdictional application before continuing with di trial.

Ojo inform di court say di defense team don receive di ruling electronically and plan to submit am formally.

E express surprise at di prosecution’s decision to present one Certified True Copy of di ruling from di bar.

Ojo request adjournment of di hearing for di application until di next court session, allowing di defense to proceed with their submission.

In response, Oyedepo stress di importance of all parties adhering to di Appellate Court’s directive, noting say various documents related to di application don already dey exchanged.

Justice Oshodi, for him ruling, recognize di submissions from both parties and schedule di hearing of di application for Thursday, December 12th.

On April 8, 2024, di former CBN governor dey brought before di court by di EFCC, along with Herry Omoile, facing allegations of accepting bribes, receiving gifts through intermediaries, corruption, and fraudulent property receipts.

Di anti-corruption agency also accuse di defendant of providing corrupt advantages to him associates, in violation of di Corrupt Practices Act 2000.

Di defendants, however, enta plea of not guilty to di charges.

For di application wey dey contest di court’s jurisdiction, Emefiele argue, among other points, say counts 1-4 of di 26-count charge wey di EFCC bring against am dey unconstitutional, as dem lack basis in existing Naija law.

E come still talk say di court lack jurisdiction to adjudicate on di offense of abuse of office concerning him role as Governor of di Central Bank of Naija for di time of di alleged offenses.

Him counsel specifically ask di court to make order striking out Counts 1-4 of di 1st amended information on di grounds say:

• Di Honorable Court no get jurisdiction to try di offence of abuse of office in relation to di office of di Governor of di Central Bank of Naija wey di 1st Defendant occupy at all times material to di commission of di offences and
• Di 1st Defendant’s Applicant’s acts wey dem say constitute arbitrary acts resulting in abuse of office no be offences known to di law as mandatorily required by section 36(12) of di Constitution of di Federal Republic of Naija1999 as amended.

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