A Lagos state Special Offences Court sitting in Ikeja has rejected a bid by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele to stall his trial.
Mr Emefiele is being tried by the Economic and Financial Crimes Commission for alleged abuse of office and fraud totaling $4.5 billion and N2.8 billion.
The defendant, standing trial along with one Henry Isioma-Omole had pleaded not guilty to the 26-count charge on April 8, after which the prosecution led by Rotimi Oyedepo (SAN) had presented its first witness to testify.
That evidence had already been concluded on April 12.
Further Hearing was adjourned to Monday for the EFCC to present more witnesses and for hearing of all pending applications.
At the resumed hearing, Mr Emefiele’s lead counsel, Olalekan Ojo (SAN) challenged the validity of the charges on basis of jurisdiction and constitutionality, urging the court to hear his preliminary objection first before progressing further with the trial.
He added that the first defendant couldn’t be prosecuted in any state high court and that counts 1-4 in the charge sheet are unconstitutional.
The second defendant’s counsel, Kazeem Gbadamosi (SAN)
also agreed with the request.
But In response, EFCC’s counsel, Rotimi Oyedepo SAN says it is legal and in the interest of justice for the court to prevent the objection challenging the Jurisdiction under the cloak of constitutionality.
He added that the intention of section 396(2) of the Administration of criminal justice Act of 2015, and section 374 of the Administration of Criminal Justice Law of Lagos state was to prevent undue delay of criminal trials.
In his ruling, justice Rahmon Oshodi said the defence didn’t raise the issue of jurisdiction when the defendants were arraigned, and pleaded not guilty to the charges.
The court added that both counsel had agreed to the order for accelerated hearing, as well as examined, cross examined and reexamined the first prosecution witness, and agreed on the adjourned date.
The court ruled that it would give its ruling on the defendant’s preliminary objection at the final judgment stage, and ordered the EFCC to call its next witness.
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