Tag: Court

THE Court of Appeal, Lagos Division, yesterday struck out criminal charges filed by the Economic and Financial Crimes Commission (EFCC) against  a serving judge of the Federal High Court, Justice Hyeladzira Nganjiwa.

The anti-graft agency had on June 23, this year arraigned the judge on 14-count charges before Justice Adedayo Akintoye of the Lagos State High Court, Igbosere.

The commission had alleged that the judge received a total of $260,000 and N8.65 million (about N81,705,000) gratification from some lawyers to enrich himself as a public official.

The judge pleaded not guilty and trial had already started before Justice Akintoye when the defence objected to the charges and informed the court of its appeal before the upper court.

However, in a judgment yesterday, the appellate court panel presided over by Justice Adejumo Obaseki quashed the 14 charges pressed against Justice Nganjiwa.

The appellate court held that the EFCC lack the power to charge the judge to court based on the allegation made against him.

Justice Nganjiwa, through his lawyer, Chief Robert Clarke  (SAN), in its appeal, argued against Justice Akintoye’s jurisdiction to entertain the charges.

Prior to Justice Nganjiwa’s arraignment on June 23, Clarke had argued a preliminary objection challenging Justice Akintoye’s jurisdiction to hear the case.

Clarke had contended that by virtue of Section 158 of the 1999 Constitution, only the National Judicial Council (NJC) had the power to deal with the kind of allegations brought by the EFCC against his client, a serving judge.

But the prosecuting counsel for the EFCC, Mr. Rotimi Oyedepo, disagreed and rather maintained that despite being a serving judge, Justice Nganjiwa did not have immunity against criminal prosecution.

“We must be bold enough to concede that the NJC has administrative power in the appointment and administrative discipline of a judicial officer. But Section 158 of the Constitution did not clothe the applicant with immunity from criminal trial.

“While the act complained about can amount to misconduct that can weigh on the mind of the NJC in recommending the removal of the applicant from office, that same misconduct that has constituted an offence in Lagos State is still liable to be determined by this court,” Oyedepo had argued.

In her ruling then, Justice Akintoye upheld Oyedepo’s argument and dismissed Justice Nganjiwa’s objection.

The EFCC said it will file an  appeal against the ruling of the Court of Appeal.

A statement by Head, Media and Publicity, Mr. Wilson Uwujaren said: “The commission considers the ruling a dangerous precedent that has no basis in law and, is confident that the Supreme Court will upturn the judgment.

“Criminal trial takes precedence over administrative procedures and it is strange that the Court of Appeal wants to put the cart before the horse. This is ridiculous! The appellate court simply wants to confer immunity on public officers from prosecution for corruption, it will not stand.”

Justice Binta Nyako of the Federal High Court in Abuja has lifted an order made on May 30, freezing 16 bank accounts linked to wife of former President Goodluck Jonathan, Patience.

Justice Nyako in a ruling yesterday ordered the lifting of the freezing order that barred Mrs. Jonathan and 10 organizations linked to her from accessing the accounts containing aggregate sums of $5.8million and N3.5billion.

Yesterday’s ruling was on an application that Mrs. Jonathan and the 10 companies filed to challenge an ex-parte interim freezing order earlier obtained by the Economic and Financial Crimes Commission (EFCC).

Listed as applicants with Mrs. Jonathan, in the application, are the Incorporated Trustees of Ariwabai Aruera Reachout Foundation, Pagmat Oil and Gas Nigeria Limited, Flinchley Top Homes Limited, Incorporated Trustees of Women for Change and Development Initiative Nigeria, Transocean Property and Investment Ltd, Seagate Property Development Investment Company, Globus Integrated Services and Pluto Property and Investment Company Limited.

Justice Nyako upheld the applicants that the interim forfeiture order had elapsed and could not be renewed by the EFCC.

Five of the accounts are domiciled in Skye Bank Plc, seven are in Diamond Bank Plc, while the remaining accounts are with Union Bank Plc, First Bank Plc, Ecobank and Zenith Bank Plc.

The applicants had insisted before the court that the anti-graft agency obtained the forfeiture order by an improper use of the judicial process.

They told the court that the said interim forfeiture order, including a subsequent one that was issued on October 18, had since expired, with the EFCC, failing to establish a nexus between the applicants and any act of illegality.

In a six -paragraph affidavit deposed to by one Chinedu Maduba, Mrs. Jonathan and the firms admitted their ownership of the 16 bank accounts.

The applicants told the court that EFCC had before May 30 when it secured the forfeiture order, also filed a similar application that affected most of the parties, before Justice C.M.A. Olatoregun of the Federal High Court sitting in Lagos in suit number FHC/L/CS/1342/2016 with same granted on October 10.

They alleged that EFCC suppressed the fact that it had earlier approached the Lagos Division of court for the same relief it applied for and secured from the court in Abuja.

“That by reason of these orders, the Applicants have been unable to operate their accounts as the banks who are in custody of their accounts have refused to honour any of the applicants’ instructions ostensibly because of the order of this honourable court”, the affidavit said.

The Federal High Court in Lagos yesterday ordered the arrest of former Enugu State Governor Dr. Chimaroke Nnamani.

Justice Chuka Obiozor issued a bench warrant for his arrest after Nnamani failed to turn up for his re-arraignment.

The Economic and Financial Crimes Commission (EFCC) first arraigned Nnamani 10 years ago on 105 counts of alleged money laundering and economic crimes involving about N4.5 billion state funds.

Nnamani was to be re-arraigned last Thursday, but he was said to be out of the country.

A lawyer, who represented him, M. Bamidele, said his law firm got notice of the hearing six days earlier, and that it was too short for Nnamani to return.

Justice Obiozor then adjourned till yesterday for the re-arraignment, but Nnamani still did not attend court.

EFCC’s lawyer Kevin Uzozie urged the court to order the former governor’s arrest for failing to turn up.

“I humbly apply that a bench warrant to be issued against the defendant and for his sureties to show cause,” he said.

But, Nnamani’s lawyer Abubakar Shamsudeen said the former governor was “severely sick” and “bedridden” in a hospital in the United States (U.S.).

“I was reliably informed that the defendant had a heart surgery. His absence is not deliberate,” he said.

Besides, Shamudeen said his client was involved in plea bargain talks with the EFCC, which, he said, resulted in some of the companies charged along with him pleading guilty and forfeiting their assets.

Ruling, Justice Obiozor noted that there was no evidence showing that Nnamani was sick as claimed.

He said the judiciary had been in the news for delayed cases, adding that Nnamani’s case was one of such matters that had dragged on for years.

“The last time the defendant came to court was in 2015,” Justice Obiozor noted.

The judge added: “Not only has the defendant failed to show evidence as to why he is absent in court, there is no justification for the absence.

“In the absence of any evidence, it is hereby ordered that a bench warrant be issued for the arrest of the defendant and for summons to be issued for the sureties to show cause.”

Justice Obiozor is the fourth judge to handle the case since Nnamani was first arraigned in 2007.

The case has been handled by Justices Tijani Abubakar, Charles Archibong (retd) and Mohammed Yunusa, who was eventually transferred and subsequently retired.

Justice Yunusa had split Nnamani’s trial from those charged along with him.

The former governor was charged along with his former aide, Sunday Anyaogu, and six firms – Rainbownet Nig Ltd, Hillgate Nig Ltd, Cosmos FM, Capital City Automobile Nig Ltd, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.

EFCC arraigned them on 105 counts of alleged money laundering and economic crimes involving about N4.5 billion state funds.

The court had ordered the forfeiture of multi-billion naira assets allegedly belonging to Nnamani.

Justice Obiozor adjourned till December 14.