The Former Governor of the Central Bank, Godwin Emefiele is challenging the jurisdiction of the Lagos High Court to try him on the charge brought against him by the Economic and Financial Crimes Commission, EFCC.
Through his lawyer, Senior Advocate of Nigeria, Olalekan Ojo, Emefiele submitted that he cannot be tried in the high court of any state in Nigeria for alleged acts of abuse of his office as this raises issue of constitutionality and legality.
The former CBN Governor also noted that counts 1-4 of the 26 counts charge filed by the EFCC against him are unconstitutional as they are not contained in any law in Nigeria.
The EFCC through its counsel, Senior Advocate of Nigeria, Rotimi Oyedepo has however countered these arguments.
Citing decided cases of the Supreme Court, he asked trial judge, Justice Rahman Oshodi not to defer or prevent the trial of the case on the basis of objections challenging the particulars of the counts of the information.
“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.”
