Dismissed Justice Rita Ofili-Ajumogobia at an
Ikeja High Court before being apprehended by the EFCC on Tuesday.
NAN image
Officials of the Economic and Financial Crimes Commission
apprehended Justice Rita Ofili-Ajumogobia, a dismissed judge of the
Federal High Court, after corruption charges against her were
struck out.
Her arrest took place in the premises of an Ikeja High Court,
Lagos, on Tuesday.
Delivering the judgment, Justice Hakeem Oshodi held that based
on the judicial precedent set by the case of Justice Nganjiwa V.
FRN, the High Court lacked jurisdiction to hear the suit as the
EFCC “jumped the gun” in filing the first amended charge.
He noted that in spite of the anti-graft commission being aware
of the decision in Mr Nganjiwa’s case, regarding the proper
procedure to discipline erring judicial officers, the EFCC still
went ahead with the trial by calling more witnesses.
“As at Monday, December 11, 2017, the EFCC was aware of the
decision reached by the Court of Appeal in Nganjiwa vs FRN. As at
that date, the amended information was yet to be filed and the 12th
prosecution witness was still giving evidence.
“The prosecution persisted like a bull running amok and still
called two more witnesses and precious judicial time was
wasted.
“We have not found a way in the judicial atmosphere to
discipline or penalise an agency of government through fines or
costs.
“In conclusion, the court has no jurisdiction to hear the first
amended charge of February 21, 2018 of 31 counts. This suit is
hereby struck out.”
NAN reports that while delivering his judgment in the Nganjiwa’s
case, Justice Obaseki Adejumo of the Court of Appeal held that the
EFCC does not have power to investigate and prosecute serving
judicial officers.
Mr Adejumo said that the National Judicial Council (NJC) must
first strip the appellant (Hon. Justice Nganjiwa) of his judicial
standing before he could be charged.
The Court of Appeal judge had further stated that serving
judicial officers can only be prosecuted for offence like murder,
stealing etc done outside the discharge of their duties.
It said once the offence was committed in the discharge of their
duties, they must first be tried by NJC.
During proceedings on January 25, Rotimi Oyedepo, the lead
prosecuting counsel for the EFCC via a written address dated
December 13, 2018, urged the court to strike out the charge because
the EFCC did not charge Ofili-Ajumogobia in line with the NJC
guidelines.
Robert Clarke, the defence counsel to Mrs Ofili-Ajumogobia, in
an application dated Nov. 27, 2018 had said the court lacked
jurisdiction to hear the case, and had urged the court to discharge
and acquit his client.
Ifedayo Adedipe, the defence counsel to Mr Godwin Obla, Mrs
Ofili-Ajumogobia’s co-defendant, urged the court to separate the
joint charges of the defendants.
Addressing the issues raised in the submissions of the defence
counsel on Jan. 25, Justice Oshodi in Tuesday’s ruling, said court
cannot discharge Mrs Ofili-Ajumogobia, neither can the charges
against Mr Obla be severed.
“The order of discharge for the first defendant cannot hold. The
court cannot also serve a charge as proposed by the counsel to the
second defendant.
“The charge has to be amended and the second defendant has to
retake his plea,” he said.
Previously, on September 14, 2018, the EFCC had closed its case
against the embattled former judge.
In proving its case of corruption against her, the EFCC had
presented 14 witnesses and tendered several documents that were
admitted in evidence by the court.
The anti-graft commission in an amended charge dated Feb. 23,
2018, had alleged that Mrs Ofili-Ajumogobia had illegally received
a sum of 793,800 dollars in several tranches from different sources
between 2012 and 2015.
On his part, Mr Obla was alleged by the EFCC to have offered a
sum of N5 million as gratification to Mrs Ofili-Ajumogobia, so as
to pervert the course of justice.
The News Agency of Nigeria reports that about 10 officials of
the EFCC surrounded Ofili-Ajumogobia as she attempted to leave the
courtroom at 10.24 a.m. after the ruling by Justice Hakeem
Oshodi.
Upon sighting the officials, the judge made a hasty retreat and
went back upstairs into Justice Oshodi’s courtroom to seek the
protection of the court from the EFCC officials.
Justice Oshodi, when notified about the development, said there
was nothing he could do, as “the file had been closed.”
The embattled former judge and her husband who was with her,
were observed frantically making various phone calls.
The EFCC officials however allowed Ofili-Ajumogobia’s
co-defendant, Mr. Godwin Obla, SAN, to exit the court premises.
Immediately Justice Oshodi’s court rose, Ofili-Ajumogobia was
apprehended at 11.47 a.m. by some EFCC officials who whisked her
away in a white Hilux van with Abuja number plate BWR637AT.
NAN reports that earlier, Justice Oshodi, in a ruling, had
struck out the 31 counts filed by the EFCC against Ofili-Ajumogobia
and Obla on the grounds that the court lacked jurisdiction to hear
the suit.
The judge ruled that, based on the judicial precedent set by the
case of Justice Nganjiwa Vs FRN, the EFCC had “jumped the gun” in
filing the first amended charge.
Justice Oshodi noted that the anti-graft commission had not
followed the procedures set by the National Judicial Council in
disciplining erring judicial officers.
(NAN)