By Lukman Olabiyi
Former Central Bank Governor (CBN), Godwin Emefiele, yesterday challenged the constitutionality and legality of the Lagos High Court to try him for alleged acts of abuse of his office.
The Lagos High Court Ikeja deferred May 3, 8, and 17 to rule on the application filed by Emefiele, challenging its jurisdiction to try him on the charges 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 it raises issues of constitutionality and legality.
The former CBN governor also noted that counts 1-4 of the 26 counts charged by the EFCC against him are unconstitutional as they are not contained in any law in Nigeria. His counsel asked the court to make an order striking out counts one to four of the charge on the grounds that: “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 first Defendant occupied at all times material to the commission of the offences and the first 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.
The EFCC, through its counsel, Senior Advocate of Nigeria, Rotimi Oyedepo, however, countered these arguments. Citing decided cases of the Supreme Court, he asked the 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 was 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 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.
Meanwhile, the second prosecution witness, John Ayoh, in ongoing trial of the former governor of Central Bank of Nigeria (CBN), Godwin Emefiele, who is standing trial over alleged gratifications and others, has given account of his role in the charge. The witness, who was a former director of Information Technology (ICT), CBN, testified before Justice Rahman Oshodi of the Lagos State High Court, (Special Offence), Ikeja.
Ayoh was led in evidence in chief by the prosecutor, Rotimi Oyedepo, on 23 counts bordering on abuse of office, accepting gratifications, corrupt demand and others slammed on Emefiele and one other by the Economic and Financial Crimes Commission (EFCC). Emefiele’s co-defendant, Isioma-Omoile, was also standing trial on a three counts charge, but the defendants, however, pleaded not guilty to the charge. In his testimony, the witness, Ayoh, narrated how he collected $400, 000 and $200, 000, respectively, on behalf of Emefiele from the contractors and handed it over to the defendant. The witness disclosed that money was collected on two different locations and individuals on behalf of the defendants.
Ayoh said the first money, $400, 000, was handed over to him in his house in Lekki by the contractor, named Adeola, and the second money was handed over to him at the CBN office at Tinubu, Lagos by another contractor, named Victor. However, under cross examination by Emefiele’s counsel, Olalekan Ojo, the witness said his duty as CBN ICT director, then, did not require running errands for Emefiele, but he worked directly with the former CBN governor then.
Ayoh testified that he began to work directly with Emefiele when the former deputy governor (Mr Adelabu) resigned. He admitted that the Procurement and Support Services Department is in charge of procurement (PSSD) and Emefiele was not part of the department or responsible for the selection of successful contract bidders.
The witness also admitted that Emefiele didn’t inform him whether the money was for gratification for the award of contracts. Ayoh also informed the court that he didn’t give any evidence to prove that he collected money on behalf of Emefiele from contractors. Meanwhile, the court ruled that the defendants’ case would be heard in full public glare instead of in camera.
Justice Oshodi’s verdict was as a result of the withdrawal of EFCC’s application, which earlier prayed the court to take some witnesses in the case in camera. In another ruling, the court also rejected the prayer of the defendants’ to rule on their application bordering on jurisdiction.