EFCC vs. Nganjiwa: Judge recuses self over allegation of bias

Two weeks after Justice Hyeladzira Ajiya Nganjiwa, wrote to the Lagos Chief Judge, Justice Opeyemi Oke, that his case file be transferred to another judge, the judge handling the matter, on Wednesday withdrew from the matter.

Justice Nganjiwa was on June 23 arraigned by the Economic and Financial Crimes Commission (EFCC) before Justice Adedayo Akintoye over an alleged $260, 000 fraud. He was also alleged to have corruptly enriched himself to the tune of N8.6 million.

But, announcing her withdrawal from the case yesterday, Justice Akintoye, directed that the case file be returned to the CJ, for reassignment to another judge.

Justice Nganjiwa currently serving at the Bayelsa Division of the Federal High Court had earlier through his lawyer, Chief Robert Clarke SAN, petitioned the CJ seeking transfer of the case, alleging bias on part of the trial judge.

According to him, the counts contained in the charge filed by the EFCC against a Senior Advocate of Nigeria (SAN), Rickey Tarfa, who is also standing trial before Justice Akintoye, are similar to his own and as such fair trial is likely to be tainted.

In the letter dated November 10, 2017, Clarke said, “the trial judge is presiding over the charge number LD/2544/16, FRN v Rickey Mustapha Tarfa and the counts, facts of the charge against my client are substantially similar to the counts/facts of the charge against Ricky Mustapha Tarfa.

“In essence, my Lord, I am of the view that opinion formed by the learned trial judge as regards charge LD/2544/16 will invariably lead to same opinion in the information against my client.
“My Lord, as it stands, fair trial in the eye of a reasonable man is likely to be tainted as there is likelihood of bias”.

Addressing the court on the petition, the silk said he is left with no option than to write it as his client is not sure of getting justice in the matter.

He added that aside the petition, he had equally filed an application before the court seeking a dismissal of the charge which he said constitute double jeopardy against his client.