Judges not barred from collecting gifts by law – Defence counsel

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A lead defence counsel in the ongoing trial of a Federal High
Court judge, Justice Rita Ofili-Ajumogobia, Chief Robert Clarke,
SAN, Friday said the law does not preclude judges from receiving
gifts in line with the National Judicial Policy of the country.

Clarke also said there is a difference between a judicial
officer and public officer, reiterating that the law classifies
judicial officers as “special specie”.

The lawyer made the assertion while cross-examining a
prosecution witness, Mr Lawal Abdullahi during Ajumogobia’s before
Justice

Hakeem Oshodi of an Ikeja High Court.

Ofili-Ajumogobia is standing trial alongside Mr Godwin Obla
(SAN), a former prosecutor for the Economic and Financial Crimes
Commission (EFCC).

Clarke who leads the defence team for Ofili-Ajumogobia said, “A
judicial officer is regarded as a ‘special specie’ under the
law.

“In line with the National Judicial Policy, a judicial officer
is allowed to receive gifts and the type of gifts are not specified
under the policy.

“The law does not define it, the law does not forbid it, a
judicial officer is different from a public officer.

“The definition of a judicial officer is well spelt out in the
constitution and the definition of a pubic officer is in the Code
of Conduct Act,” he said.

Abdullahi, an investigator with the Economic and Financial
Crimes Commission (EFCC), however, maintained that such gifts is
limited to souvenirs given out during celebrations.

“I’m only aware of customer gifts like souvenirs during
celebrations like new year and Christmas,” he said.

Abdullahi during the cross-examination admitted to the court
that he did not read the Nigerian Constitution and the Code of
Conduct Act to read the definition of a judicial officer and a
public officer during his investigation of the judges.

He told the court that he never cautioned the judge when invited
her to the EFFC via phone conversation for interrogation that
whatever she said in the phone call will be used against her in
court.

The EFCC alleges that Ofili-Ajumogobia in a bid to avoid the
interrogation, lied that she was admitted in the Goldcross
Hospital, Ikoyi, Lagos.

Abdullahi, responding to Clarke’s questions, told the court that
he did not investigate the earnings the judge acquired during
Ofili-Ajumogobia’s private legal practice before she joined the
bench.

The EFCC investigator said the anti-graft agency did not invite
Mr Abdullahi Dikko, the Comptroller-General of the Nigerian Customs
Service (NCS) to explain the alleged unlawful sum of N12million
paid into the judge’s bank account by the NCS.

“I did not see Mr Dikko, though I did not see him, I saw the
written note from him which instructed a NCS staff, Mr Musa Tahir
to effect payment into Justice Ofili-Ajumogobia’s account,” he
said.

Abdullahi also admitted that the EFCC never used a forensic
expert to verify the anti-graft agency’s claims that the judge
forged a document.

Earlier, the EFCC investigator, while being led in evidence by
Mr Rotimi Oyedepo, the EFCC lead prosecutor had told the court how
the NCS had unlawfully paid N12million sourced from 12 commands in
the country into the judge’s bank account.

“Three deposits totalling N12million were paid into the Nigel
and Colive bank account belonging to Justice Ofili-Ajumogobia from
Mr Omale Musa, a customs officer’s FCMB account.

“The N12million was not part of the lawful earnings of the first
defendant. They were sums being paid by various Comptrollers of
Customs into Musa’s personal account.

“Musa was invited by the EFCC for questioning and when we
confronted the first defendant (Ofili-Ajumogobia), she said it was
for the purchase of land at Rita Ajumogobia St., Asaba.

“When we confronted Musa, he said that it was Mr Abdullahi
Dikko, the Comptroller-General of Customs, who gave the
instructions for the transfer.

“When we confronted him with the first defendant’s statement, he
said that he has never been to Asaba.

“We took the first defendant to Asaba to trace the property but
it was never found.

“Our findings was that there was no business relationship
between Nigel and Colive and the NCS regarding the N12million paid
into the first defendant’s account.

“It was not the legitimate earning of the first defendant from
her employer, she’s also the sole signatory to the Nigel and Colive
account,” he said.

Earlier during proceedings, the EFCC had re-arriagned
Ofili-Ajumogobia and Obla on a newly amended 31-count charge and
had withdrawn the former 30-count charge filed against them.

In the new 31-count charge, Ofili-Ajumogobia and Obla are
jointly charged with two counts of perverting the course of
justice.

Obla is facing an additional two counts of offering
gratification in the sum of N5 million to Ofili-Ajumogobia, a
public official, while serving as a judge.

Ofili-Ajumogobia faces a 27-count charge bordering on unlawful
enrichment, taking property by a public officer, corruption,
forgery and giving false information to an official of the
EFCC.

They, however, plead not guilty to the fresh charges.

Justice Oshodi adjourned the case till March 23 for continuation
of cross-examination of the EFCC investigator.