Justice Rita Ofili-Ajumogobia, who was dismissed by the National
Judicial Council (NJC), on Monday told the Federal High Court in
Lagos that she is still a judge of the court.
According to her, she remains a judge until President Muhammadu
Buhari’s approval of her dismissal is gazetted.
She is praying the court to decline jurisdiction to try her for
money laundering because a serving judge cannot undergo trial until
formally dismissed.
Arguing her preliminary objection, Ofili-Ajumogobia’s lawyer
Robert Clarke (SAN) faulted a letter from the Presidency confirming
that she had been dismissed.
The Economic and Financial Crimes Commission (EFCC), which
arraigned Ofili-Ajumogobia, tendered the letter as proof that she
is no longer a judge.
But, Clarke contended the letter was addressed to the Chief
Justice of Nigeria (CJN) rather than to the Chairman of the Federal
Judicial Service Commission (FJSC).
Besides, he said the letter was marked “Restricted”, both of
which make it is a private document.
“Having been marked by the maker as ‘Restricted’, it means the
letter cannot be used by third parties for any purpose,” Clarke
said.
The octogenarian SAN argued that the recommendation to dismiss
Ofili-Ajumogobia was sent to the President by the FJSC.
He said there is no evidence that the FJSC has received the
President’s response approving or rejecting the recommendation.
“The prosecution has failed to show that Justice
Ofili-Ajumogobia is not a judge of the Federal High Court.
“Until that is resolved, your Lordship’s hands are tied with
regards to the Nganjiwa case,” Clarke said.
He referred to the Court of Appeal judgment in which it was held
that a sitting judge cannot be tried.
Meanwhile, Ajumogobia’s co-accused Godwin Obla (SAN) is praying
the court to quash the charge or order that he be tried
separately.
Arguing the application, his lawyer Chief Ifedayo Adedipe (SAN)
accused EFCC of persecuting his client and abusing the judicial
process.
EFCC first charged Ofili-Ajumogobia and Obla at the Lagos State
High Court, but the case was struck out for lack of jurisdiction
after 13 witnesses were called.
The court relied on the Court of Appeal decision in striking out
the case.
Obla had appealed the court’s decision not to rule on his
no-case submission.
Adedipe said EFCC filed the fresh charge at the Federal High
Court while the appeal was pending.
“It is improper for the prosecution to file two charges against
the same person. No citizen should be the subject of prosecution on
the same set of facts. They can elect to try someone on stealing or
money laundering, not on both in different courts.
“The court should not allow a situation where the state will
persecute its citizens,” he said.
But, prosecuting counsel Rotimi Oyedepo said the charges were
“different in form and in substance”.
According to him, while the Ikeja High Court case was based on
the Criminal Law of State 2011, the Federal High Court case is
based on the Money Laundering Act, an Act of the National
Assembly.
“No law prohibits the prosecution from filing the instant
charge. The pendency of the appeal does not affect the validity of
the charge in that the offences alleged are not the same,” he
said.
Oyedepo said even if the Lagos High Court had acquitted and
discharged the defendants, the EFCC would still not be precluded
from filing the money laundering charge.
EFCC arraigned Ofili-Ajumogobia on an 18-count charge. It
alleged that she and Obla conspired on May 21, 2014, to indirectly
conceal and retain N5million in the Diamond Bank account of Nigel
& Colive Ltd.
Ofili-Ajumogobia was also accused of indirectly concealing
N12million in the same account despite knowing that it is a proceed
of “unlawful enrichment”.
The offence is contrary to Section (2) (d) of the Money
Laundering Prohibition Act 2011.
The commission said she indirectly retained $150,000 in her
account on May 30, 2013, knowing that it was a proceed of “unlawful
enrichment”.
Other sums she allegedly retained are $20,000, $30,000, $50,000,
$150,000, $70,000, $55,000, $50,000, $50,000 and $30,000.
The prosecution said all the sums are “proceeds of unlawful
enrichment”.
EFCC further alleged that Ofili-Ajumogobia, on or about June 5,
2012, indirectly retained N18million from Arkleen Oil and Gas Ltd
in her account domiciled in Access Bank Plc.
The commission said she also reasonably ought to have known that
the money “forms part of proceeds of unlawful act to wit: unlawful
enrichment…”
Ofili-Ajumogobia allegedly made a false statement to an officer,
lying that that N33million was paid into her account for the
purchase of a landed property on Rita Ajumogobia Street, Asaba,
Delta State capital.
The alleged offence of lying to an officer contravenes Section
39 (2) of the EFCC Act.
The defendants pleaded not guilty.
Justice Rilwan Aikawa adjourned until Friday for ruling.
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