The defence team of Dr Joseph Nwobike, the embattled Senior
Advocate of Nigeria (SAN), on Thursday told an Ikeja High Court
that there was no offence in giving judges money.
Mr Olawale Akoni (SAN) , the lead defence counsel, made the
assertion while giving his submission of his final written address
dated Nov. 27, 2017 in the corruption trial of Nwobike.
Nwobike is facing trial for perverting the course of justice,
offering gratification to public officials (judges and court
registrars) and giving false statements to an official of the
Economic and Financial Crimes Commission (EFCC).
Akoni said: `There is no offence in giving money to a judge, it
is only an offence when the money is given to a judge on account of
his judicial functions.
“On Justice Mohammed Yunusa, the N750,000 they (the EFCC) are
talking about was for the sole purpose of assisting him (Yunusa)
for his mother’s funeral.
“These charges are based on suspicion and speculation which
however sweet it may sound may not replace proof beyond reasonable
doubt.
“Mrs Helen Ogunleye (a court registrar) when called as a witness
testified that the money given to her by the defendant was not for
what it was alleged to be for.
“Whose evidence can be more vital than Mr Jide (a court
registrar), they did not call him because they knew his evidence
will be against him.
“We elicited evidence that Mr Jide is not the one who assigns
cases, they did not interview the admin judge who assigns cases and
they did not find out the requirements used to assign cases.
“They (the EFCC) interviewed Justice Yunusa and Justice
Hyeladzira Nganjiwa but they did not call them to testify.
“When they don’t call a witness to testify for them, it is
because their testimony is not in favour of the prosecution.”
He continued: “There was no evidence handed over by the EFCC of
Justice Musa Kurya, he was interviewed by the prosecution but they
never called him to testify.
“They did not call him to testify because they knew his evidence
will be against them.
“Justice Agbadu-Fishim was interviewed, his statement taken but
he was never called to testify.”
Akoni told the court that the EFCC in their attempt to indict
Nwobike had tarnished the reputations of Justice Mohammed Yunusa,
Justice James Agbadu-Fishim, Justice Hyeladzira Nganjiwa and
Justice Musa Kurya.
The lead defence counsel said that a National Judicial
Commission (NJC) report never indicted the embattled Nwobike
because of the alleged gratification to Justice Yunusa.
“The cases in which they alleged were ruled by Justice Yunusa in
favour of the defendant because of gratification given to him were
also upheld on appeal.
“It is based on this evidence that the prosecution wants to
convict a senior lawyer and a Senior Advocate of Nigeria.
“There is no evidence of any order that had to be discharged and
PW7 (Mr Danladi Daniel, an EFCC investigator) confirmed that there
was no evidence,” he said, and urged the court to discharge and
acquit Nwobike.
“At the end of the day, a written address no matter how well
written can never substitute evidence.
“I urge Your Lord to discharge and acquit the defendant.”
Replying Akoni, Mr Rotimi Oyedepo, the EFCC prosecutor, in his
written address, urged the court to convict the SAN.
He said: “In line with the evidence of PW1 to PW7, it can be
reasonably shown that we have proved our case beyond reasonable
doubt.
“Exhibit P3 was the instrument of disposition used to transfer
his (Nwobike’s) proprietary interest in the sum of N750,000 to
Justice Yunusa the beneficiary.
“No oral evidence can be added to the content of a document, the
overt act of the defendant in relation to Justice Yunusa did show
that the payment was for gratification.
“By the standing of the defendant is society and his rank in the
profession, it is easily deduced that counsel and parties in a
matter really precluded from holding exparte communications with
judges in pending suits.
“The defendant admitted that he had a meeting with Hon. Justice
Yunusa which is clearly in breach of his rules of professional
conduct.
“They exchanged account details and other parties were not present
in that meeting.”
Oyedepo disputed Akoni’s claims that there was no law preventing
an individual from giving judges money.
“They submitted that there is no law that stops you from giving
money to judges.
“The only gifts allowed are customary gifts like cards and
books, the giving of cash gifts were done behind the backs of other
parties to the suits.
“We (the EFCC) were victims of this, if we knew there was a
relationship between him and the judge, we would have excluded
Justice Yunusa from hearing the matters,” he said.
The EFCC prosecutor said the anti-graft agency did not call the
implicated judges and court registrars in to testify because they
were all suspects in the case.
“The interpretation of our law is that the giver and the recipient
of gratification are both suspects.
“A co-accused cannot implicate another accused, what will be the
probative value of his testimony?
“The law is not to call all witnesses but to call material
witnesses, there is a pending charge before Justice Yunusa and he
has been arraigned in this High Court.
“We did not call Justices Agbadu-Fishim, Nganjiwa because our
argument in respect of receiver and giver of gratification stands
and Justice Agbadu-Fishim is also standing trial in relation to
giving of gratification in this same charge,” he said.
Oyedepo, who said Nwobike had sent text messages to court
officials in a bid to influence the assignment of his cases, noted
that the SAN had admitted in his court testimony to giving an
envelope filled with cash to Ogunleye, a court registrar.
“The sending of those text messages amounts to perversion of the
course of justice and the defendant admitted sending them.
“As at the dates of sending those text messages to Mr Jide, those
cases were barely filed, there were days he (Nwobike) threw caution
to the wind and indicated that this case should go to Justice
Yunusa, Justice Aneke etc.
“The very act of suggesting the judges to hear his cases is an
attempt to pervert the cause of justice.
“The defendant gave money to. Justice Nganjiwa, it was given to
Ogunleye (Kurya’s registrar) and according to him the money was for
the buying of books.
“The defendant admitted that the envelope given to Mrs Ogunleye
contained money
“The transactions with Justice Agbadu-Fishim were three
different times, he refused to say the intent of the transactions
to the EFCC, this shows an attempt to give false information.
“I urge Your Lordship to look at the evidence of PW7 (the EFCC
investigator) he did not personally say the money was
gratification, he interviewed the judges and told us their
claim.
“I urge My Lord to ascribe full probative value to the evidence
that has been adduced and convict the defendant as charged,”
Oyedepo said.
Justice Raliatu Adebiyi reserved judgment until April 30.
The defence team of Dr Joseph Nwobike, the embattled Senior
Advocate of Nigeria (SAN), on Thursday told an Ikeja High Court
that there was no offence in giving judges money.
Mr Olawale Akoni (SAN) , the lead defence counsel, made the
assertion while giving his submission of his final written address
dated Nov. 27, 2017 in the corruption trial of Nwobike.
Nwobike is facing trial for perverting the course of justice,
offering gratification to public officials (judges and court
registrars) and giving false statements to an official of the
Economic and Financial Crimes Commission (EFCC).
Akoni said: `There is no offence in giving money to a judge, it
is only an offence when the money is given to a judge on account of
his judicial functions.
“On Justice Mohammed Yunusa, the N750,000 they (the EFCC) are
talking about was for the sole purpose of assisting him (Yunusa)
for his mother’s funeral.
“These charges are based on suspicion and speculation which
however sweet it may sound may not replace proof beyond reasonable
doubt.
“Mrs Helen Ogunleye (a court registrar) when called as a witness
testified that the money given to her by the defendant was not for
what it was alleged to be for.
“Whose evidence can be more vital than Mr Jide (a court
registrar), they did not call him because they knew his evidence
will be against him.
“We elicited evidence that Mr Jide is not the one who assigns
cases, they did not interview the admin judge who assigns cases and
they did not find out the requirements used to assign cases.
“They (the EFCC) interviewed Justice Yunusa and Justice
Hyeladzira Nganjiwa but they did not call them to testify.
“When they don’t call a witness to testify for them, it is
because their testimony is not in favour of the prosecution.”
He continued: “There was no evidence handed over by the EFCC of
Justice Musa Kurya, he was interviewed by the prosecution but they
never called him to testify.
“They did not call him to testify because they knew his evidence
will be against them.
“Justice Agbadu-Fishim was interviewed, his statement taken but
he was never called to testify.”
Akoni told the court that the EFCC in their attempt to indict
Nwobike had tarnished the reputations of Justice Mohammed Yunusa,
Justice James Agbadu-Fishim, Justice Hyeladzira Nganjiwa and
Justice Musa Kurya.
The lead defence counsel said that a National Judicial
Commission (NJC) report never indicted the embattled Nwobike
because of the alleged gratification to Justice Yunusa.
“The cases in which they alleged were ruled by Justice Yunusa in
favour of the defendant because of gratification given to him were
also upheld on appeal.
“It is based on this evidence that the prosecution wants to
convict a senior lawyer and a Senior Advocate of Nigeria.
“There is no evidence of any order that had to be discharged and
PW7 (Mr Danladi Daniel, an EFCC investigator) confirmed that there
was no evidence,” he said, and urged the court to discharge and
acquit Nwobike.
“At the end of the day, a written address no matter how well
written can never substitute evidence.
“I urge Your Lord to discharge and acquit the defendant.”
Replying Akoni, Mr Rotimi Oyedepo, the EFCC prosecutor, in his
written address, urged the court to convict the SAN.
He said: “In line with the evidence of PW1 to PW7, it can be
reasonably shown that we have proved our case beyond reasonable
doubt.
“Exhibit P3 was the instrument of disposition used to transfer
his (Nwobike’s) proprietary interest in the sum of N750,000 to
Justice Yunusa the beneficiary.
“No oral evidence can be added to the content of a document, the
overt act of the defendant in relation to Justice Yunusa did show
that the payment was for gratification.
“By the standing of the defendant is society and his rank in the
profession, it is easily deduced that counsel and parties in a
matter really precluded from holding exparte communications with
judges in pending suits.
“The defendant admitted that he had a meeting with Hon. Justice
Yunusa which is clearly in breach of his rules of professional
conduct.
“They exchanged account details and other parties were not present
in that meeting.”
Oyedepo disputed Akoni’s claims that there was no law preventing
an individual from giving judges money.
“They submitted that there is no law that stops you from giving
money to judges.
“The only gifts allowed are customary gifts like cards and
books, the giving of cash gifts were done behind the backs of other
parties to the suits.
“We (the EFCC) were victims of this, if we knew there was a
relationship between him and the judge, we would have excluded
Justice Yunusa from hearing the matters,” he said.
The EFCC prosecutor said the anti-graft agency did not call the
implicated judges and court registrars in to testify because they
were all suspects in the case.
“The interpretation of our law is that the giver and the recipient
of gratification are both suspects.
“A co-accused cannot implicate another accused, what will be the
probative value of his testimony?
“The law is not to call all witnesses but to call material
witnesses, there is a pending charge before Justice Yunusa and he
has been arraigned in this High Court.
“We did not call Justices Agbadu-Fishim, Nganjiwa because our
argument in respect of receiver and giver of gratification stands
and Justice Agbadu-Fishim is also standing trial in relation to
giving of gratification in this same charge,” he said.
Oyedepo, who said Nwobike had sent text messages to court
officials in a bid to influence the assignment of his cases, noted
that the SAN had admitted in his court testimony to giving an
envelope filled with cash to Ogunleye, a court registrar.
“The sending of those text messages amounts to perversion of the
course of justice and the defendant admitted sending them.
“As at the dates of sending those text messages to Mr Jide, those
cases were barely filed, there were days he (Nwobike) threw caution
to the wind and indicated that this case should go to Justice
Yunusa, Justice Aneke etc.
“The very act of suggesting the judges to hear his cases is an
attempt to pervert the cause of justice.
“The defendant gave money to. Justice Nganjiwa, it was given to
Ogunleye (Kurya’s registrar) and according to him the money was for
the buying of books.
“The defendant admitted that the envelope given to Mrs Ogunleye
contained money
“The transactions with Justice Agbadu-Fishim were three
different times, he refused to say the intent of the transactions
to the EFCC, this shows an attempt to give false information.
“I urge Your Lordship to look at the evidence of PW7 (the EFCC
investigator) he did not personally say the money was
gratification, he interviewed the judges and told us their
claim.
“I urge My Lord to ascribe full probative value to the evidence
that has been adduced and convict the defendant as charged,”
Oyedepo said.
Justice Raliatu Adebiyi reserved judgment until April 30.
Read more https://nairalaw.com/joseph-nwobikes-trial-giving-money-to-judges-is-no-offence-defence-counsel/