Buhari Has Sacked You, Judge Tells Ofili-Ajumogobia ….Ex-Judge’s Trial Begins October 24

A Federal High Court in Lagos Friday held that President
Muhammadu Buhari dismissed Mrs. Rita Ofili-Ajumogobia as a judicial
officer on November 7, 2018.

Justice Mohammed Rilwan Aikawa held that, thus, Ofili-Ajumogobia
cannot – by claiming that she is a judge – stall her trial for
alleged money laundering.

The charge was brought against her by the Economic and Financial
Crimes Commission (EFCC),

Justice Aikawa stated this while dismissing Ofili-Ajumogobia’s
preliminary objection challenging her trial as well as the court’s
jurisdiction to try her.

The judge read out the President’s memo of November 7, 2018,
approving Ofili-Ajumogobia’s dismissal from the Bench as
recommended by the National Judicial Council (NJC).

He said: “The president has approved the recommendation of NJC
and has therefore approved the dismissal of the 1st
defendant/applicant.

“In my view, the first defendant (Ofili-Ajumogobia) has been
dismissed as a judicial officer.

“In the light of this, she can stand trial as she is no longer a
judicial officer.

“The application lacks merit and is accordingly dismissed” the
judge held.

Earlier in the ruling, the judge disagreed with the argument of
the first defendant’s counsel that the exhibit marked ‘Restricted’
is a private document.

He held that the document exhibit EFCC 02, though marked
‘Restricted’ but bearing the coat of arm of Federal Republic of
Nigeria qualified it as a public document.

“An official letter from the President of the Federal Republic
of Nigeria, the Chief Justice of Nigeria is a public document,”
Justice Aikawa said.

In the same vein, the application filed by the second defendant
Godwin Obla (SAN) to quash counts one, two and three for abuse of
court process or in the alternative separate his trial from the
charge against the Ofili-Ajumogobia and be tried separately was
also dismissed by the court.

Referring to the trial of the defendants at the Ikeja High Court
of Lagos State, Justice Aikawa said in that judgement, the case was
only struck out.

“The defendants in that trial were not discharged and
acquitted.

He held that they could therefore be re-arraigned before another
court if the prosecution wishes to reopen the case.

On issue of the matter in the Appeal Court, the judge said
provisions of ACJA had not rendered trial in the matter
invalid.

Consequently, the court rejected Obla’s first prayer.

It also refused the second leg of the application.

In conclusion, Justice Aikawa held: “The trial of the two
defendants will go together. I therefore refuse the second
application.

After the ruling, prosecution counsel Rotimi Oyedepo made an
oral application for accelarated hearing of the matter. He prayed
for a date for commencement of trial.

After conferring with the defence counsel comprising Mr F.O.
Dawodu (SAN), for first defendant, Chief Ifedayo Adedipe (SAN) and
Ferdinand Orbih (SAN), for 2nd defendant, a date was agreed on.

Justice Aikawa then adjourned the matter to October 24 and 25
for commencement of trial.

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

They pleaded not guilty and were each admitted to bail in the
sum of N10 million with two sureties in like sum.

The defendants were first brought before an Ikeja division of
the High Court of Lagos State which struck out the charge on
jurisdictional grounds.

The EFCC then preferred same charges against them at the Federal
High Court.

In the charge, EFCC alleged that the defendants conspired on May
21, 2014, to indirectly conceal different sums of money, in the
Diamond Bank account of Nigel & Colive Ltd, a company alleged
to be operated by Ajumogobia.

They were further alleged to have conspired to retain in same
account, the sum of N500 million, which they both reasonably ought
to have known formed part of proceeds of unlawful acts of unlawful
enrichment.

Specifically, Ajumogobia was alleged to have on different dates
in 2014, retained sums of monies like: N5million, 150,000 dollars,
20,000 dollars, 30,000 dollars, 50,000 dollars, and 55,000 dollars
in the Diamond bank account of Nigel and Colive.

Besides, the Commission also accused Ajumogobia of indirectly
concealing the sum of N12million in the same account, and making
false statement to the EFCC that the money was payment for sale of
a landed property.

The alleged offences contravene the provisions of Sections 15
(2) (a) and 18 (a) of the Money Laundering Prohibition Act.