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The Financial and Monetary Crimes Fee (EFCC) has requested Justice Rahman Oshodi of the Lagos State Particular Offences Court docket to strike out an software filed by former Governor of the Central Financial institution of Nigeria (CBN), Godwin Emefiele, difficult the court docket’s jurisdiction.
The Particular Offences Court docket sitting in Ikeja, Lagos State set January 7, 2025, to resolve on the objection raised by Emefiele, over the $4.5billion and N2.8billion fraud expenses in opposition to him.
By its counsel, Rotimi Oyedepo, SAN, the EFCC described the applying as “a ploy to frustrate the prosecution from conducting its constitutional mandate, which incorporates diligent prosecution of financial and monetary crimes.”
Oyedepo argued that the state excessive court docket has “unfettered jurisdiction” to listen to and decide the case, opposite to the claims of Emefiele’s lawyer, Olalekan Ojo, SAN, who maintained that the court docket lacks jurisdiction.
In his software, Ojo contended that Emefiele couldn’t be tried in any state excessive court docket for alleged abuse of workplace, because it raises important constitutional and authorized points.
He additional argued that counts one to 4 of the 26-count expenses in opposition to Emefiele “are unconstitutional” as they aren’t based mostly on present Nigerian legal guidelines.
Ojo urged the court docket to strike out the fees for lack of jurisdiction, stating that the offence of abuse of workplace associated to Emefiele’s former place as CBN Governor can’t be tried in a state excessive court docket.
In response, Oyedepo insisted that the alleged crimes are financial and monetary offences below the EFCC’s mandate and that Lagos State is the correct venue for the trial, as all components of the alleged crimes occurred there.
Justice Oshodi has scheduled January 7, 2025, for a ruling on the jurisdiction problem.
Emefiele and his co-defendant, Herry Omoile, pleaded not responsible to expenses of accepting gratification, corruption, and fraudulent property receipts.
The EFCC accused them of violating the Corrupt Practices Act 2000 by conferring corrupt benefits on associates.
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