By Ken Afor
The Lagos State High Court in Ikeja has postponed its ruling on an application filed by Mr Godwin Emefiele, the immediate past Governor of the Central Bank of Nigeria (CBN).
Emefiele’s application is challenging the court’s jurisdiction to try him on the charges brought against him by the Economic and Financial Crimes Commission (EFCC) in a state court. The ruling on the matter of jurisdiction hasbeen deferred until the conclusion of the trial.
During the resumed hearing on the matter on Monday, Emefiele’s legal counsel, Mr Olalekan Ojo, a Senior Advocate of Nigeria (SAN), had argued that the former apex bank chief should not be tried in any state high court in Nigeria for alleged offenses relating to abuse of his office as CBN Governor because state high courts lack jurisdiction to do so.
Ojo contended that trying Emefiele in a state court for actions relating to his previous federal office would raise constitutional and legal issues.
However, the court in its wisdom ruled that it would hear the jurisdictional challenge at the end of the trial, allowing the proceedings to continue for the meantime.
Meanwhile, at the hearing proper, the embattled former CBN governor argued that counts 1-4 of the 26-count charges filed by the EFCC against him are unconstitutional, as they do not correspond to any existing laws in Nigeria, hence, requesting the court to strike out counts one to four of the charges on the following grounds:
i. 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 and
ii. the 1st Defendant’s/Applicant’s acts said to constitute arbitrary acts resulting in abuse of office are not offences known to law as mandatorily required by section 36(12) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
However, the EFCC’s counsel, Mr Rotimi Oyedepo, SAN, countered Emefiele’s arguments.
Citing relevant Supreme Court precedents, Oyedepo urged the trial judge, Justice Rahman Oshodi, not to defer or prevent the trial from proceeding based on objections challenging the specifics of the charges.
Oyedepo argued that the court should allow the trial to move forward, rather than deferring it due to objections raised against the particulars of the counts in the information filed against the former CBN governor.
The EFCC’s counsel maintained that such objections should not impede the commencement and progression of the trial itself, according to established Supreme Court rulings on similar matters.
“That approach is intended to take us back to where we are coming from as this were 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 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,” Oyedepo stated.
It would be recalled that on Wednesday, April 24, the EFCC filed fresh charges against the former apex bank chief for allegedly approving the printing of N684.5m notes at the rate of N18.96bn.
According to the charge sheets made available to the press, the EFCC alleges that Emefiele violated laws with the intent to harm the public during his implementation of the naira redesign policy under the former administration of President Muhammadu Buhari.
The anti-corruption agency further accuses Emefiele of unlawfully approving the withdrawal of N124.8 billion from the Consolidated Revenue Fund of the Federation, which pools government revenue from various sources.
The EFCC’s charges against the former CBN governor stem from his actions related to the controversial naira swap initiative and alleged mishandling of substantial funds from the federation’s consolidated revenue pool. These accusations form the crux of the prosecution’s case against Emefiele.
According to court filings dated April 2, 2024, in the case marked Suit No: CR/264/2024, counts one to four of the charge, read, “STATEMENT OF OFFENCE: Public Servant disobeying direction of law with intent to cause injury to the public contrary to and punishable under Section 123 of the Penal Code Law, Cap. 89 Laws of the Federation, 1990.
“PARTICULARS OF THE OFFENCE: That you GODWIN IFEANYI EMEFIELE between the 19th day of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the CBN Act, 2007, by approving the printing of N375,520,000.00 pieces of colour swapped N1, 000, at the total cost of N11,052, 068,062 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.”
“COUNT 2: “That you, GODWIN IFEANYI EMEFIELE, between the 19th of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the Central Bank of Nigeria Act, 2007, by approving the printing of 172,000,000 pieces of colour swapped N500 (Five Hundred Naira) Notes, at the total cost of N4, 471,066,040 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.
“COUNT 3: “That you GODWIN IFEANYI EMEFIELE between the 19th day of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the CBN Act, 2007, by approving the printing of 137,070,000 pieces of colour swapped N200 (Two Hundred Naira) Note, at the total cost of N3, 441, 005, 280 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.”
“COUNT 4: “That you, GODWIN IFEANYI EMEFIELE, on or about the 7th day of October 2020, in Abuja, within the jurisdiction of this Honorable Court, knowingly disobeyed the direction of Section 80 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), by approving the withdrawal of the total sum of N124, 860, 227, 865.16 from the Consolidated Revenue Fund of the Federation in a manner not prescribed by the National Assembly, which conduct of yours caused injury to the public and you thereby committed an offence.”
It would be recalled that Emefiele, on November 18, 2023, was arraigned before the court on six counts related to procurement fraud , marking a significant corruption case during President Bola Ahmed Tinubu’s tenure.
Among the accusations were allegations of misusing his authority to authorize a contract worth N1.2 billion for the purchase of 43 vehicles between 2018 and 2020.
On April 8, 2024, the EFCC brought Emefiele and Henry Omoile before Justice R.A. Oshodi of the Special Offences Court in Ikeja, Lagos, over alleged fraudulent activities amounting to $4.5 billion and N2.8 billion respectively.
