Court declines Emefiele’s request to stop trial
Witness claims receiving $ 600,000 kickback for CBN ex- gov
EMBATTLED former Central Bank of Nigeria ( CBN) Governor, Godwin Emefiele, yesterday, challenged the jurisdiction of a Lagos Special Offences Court, Ikeja to hear the alleged abuse of office and multi- billion dollars fraud charge levelled against him by the Economic and Financial Crimes Commission ( EFCC).
His motion on notice was filed by Mr. Olalekan Ojo ( SAN), who appeared for him, while Mr. Kazeem Gbadamosi ( SAN) appeared for the second defendant, Henry Isioma- Omoile. Emefiele’s attorney told the court that it lacked the constitutional jurisprudence to hear the charge.
At the resumed hearing, he reminded the court that his motion on notice, dated April 24, 2024, centred on jurisdiction.
Ojo argued that there is a need to consider jurisdictional objection before allowing the case.
“This defendant ought not to be arraigned before this court on constitutional grounds. We are saying that the charge against the first defendant is unconstitutional,” the counsel stated.
He, therefore, prayed the court to toe the part of legality and constitutionality in determining the application.
On his part, EFCC’S lawyer, Mr. Rotimi Oyedepo ( SAN), urged the court to dismiss the application, maintaining that it was a course to delay justice. He submitted that the approach was intended to take up from where the prosecution was coming from, stressing the collective resolution as a nation to prevent undue delay in criminal matters.
“Your lordship, trial has commenced and witnesses have been assembled in court today ( yesterday) to give evidence. The application of the first defendant is unconstitutional, as this is a means to draw us backward,” he added.
Rotimi, therefore, prayed the court to discountenance the submission of the defence and allow the trial to continue.
Justice Rahman Oshodi, in his ruling, thereafter declined Emefiele’s request to discontinue the hearing. The court deferred ruling on the preliminary objection to the final judgment stage.
The judge noted that when Emefiele was arraigned on April 8, 2024, the prosecution informed the court of an accelerated hearing, to which the defence did not object.