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A Federal High Court in Lagos, Thursday,, fixed May 31, for
hearing in a motion filed by embattled Judge of the Federal High
Court, Justice Rita Ofili-Ajumogobia, challenging her trial in the
court.

The Economic and Financial Crimes Commission (EFCC) charged
Ofili-Ajumogobia and a Senior Advocate of Nigeria, Godwin Obla, on
18 counts bordering on Conspiracy, Unlawful Enrichment, retention
of Crime Proceeds and Money Laundering.

The defendants are standing trial before Justice Rilwan
Aikawa.

They were re-arraigned on May 15, and had both pleaded not
guilty to all counts of the charge.

The court had granted them bail in the sum of N10million each,
with two sureties in like sum.

When the case was called on Thursday, Chief Robert Clarke, SAN,
announced appearance for the first defendant, while Chief Ferdinand
Orbih,SAN, appearend for the second defendant.

Clarke then informed the court of a Preliminary objection
challenging the courts jurisdiction to entertain the charge against
Ajumogobia.

Counsel argued that the first defendant had not being dismissed
as a judge of the Federal High Court, since there were no gazette
evidencing her said dismissal.

He said that a failure to show evidence of such dismissal denied
the court of the requisite jurisdiction to entertain the case.

Besides, defence argued that the contention of the prosecution
in paragraph L of its affidavit that the defendant had not been
tried was wrong.

He argued that the defendant was prosecuted for about two and
half years before an Ikeja division of the Lagos High Court, with
18 witnesses called by the prosecution, before the court dismissed
the suit.

He, therefore, urged the court to hear defendant’s
application.

On his part, second defence counsel, Orbih also informed the
court of his motion seeking to split the charge and try the second
defendant separately.

He also argued that his application was not challenging the
validity of the charge, but the purpose to which it is being
used.

Orbih argued that the use of the process of the court was
oppressive, and abusive, having in mind that same issue is being
contested at the Court of Appeal.

He urged the court not to “Share” jurisdiction with the
appellate court, but to first hear the various motion pending
before it.

In response, the prosecutor, (Oyedepo) urged the court not be
persuaded to hear the motions alone, but that where the court is
inclined to hearing same, it should also proceed with trial,
following which the court would deliver a composite judgement in
the end.

He argued that the various applications by defence was aimed at
stalling trial and clogging justice, adding that the Administration
of Criminal Justice Act, seeks to redress such mischief of
delays.

Besides, Oyedepo sought to abandon the said paragraph L of his
affidavit, on the grounds that he was prepared to do so, if same
will allow trial to proceed speedily.

After listening to arguments and counter arguments from
respective parties. Justice Aikawa in a short ruling, held that in
its opinion, the prosecution was permitted to abandon the said
paragraph of the affidavit.

The court however, held that it would hear the various
applications by defence, after which it will deliver its ruling
immediately.

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The court consequently, adjourned the case until May 31 for
hearing. (NAN)

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