Anti-graft War: Justice Nganjiwa knows fate on June 23

Ruling in a preliminary objection brought by Justice Hyeladzira Ajiya Nganjiwa against the Economic and Financial Crimes Commission (EFCC) was on Tuesday fixed by a Lagos High Court, Igbosere.

Justice Adedayo Akintoye, yesterday fixed June 23 for ruling on whether or not Justice Nganjiwa can be arraigned by the anti-graft agency.

The agency had filed a 14-count charge of unlawful enrichment to the tune of $260,000 and N8,650,000 against the Judge who is serving at the Federal High Court, Bayelsa Division.

Justice Nganjiwa, in the preliminary objection is challenging the court’s jurisdiction to hear the charge.

He was however not available for arraignment at yesterday’s proceedings.

His lawyer, Robert Clarke (SAN), said the judge failed to catch a flight from Yenagoa, the Bayelsa State capital.

Clarke also noted that the charge ‘improperly’ addressed Nganjiwa by not referring to him as a judge.

He said: “With the greatest respect, we apologise for the absence of the defendant who is a sitting judge of the Federal High Court in Bayelsa. He informed me yesterday that he could not get a flight from Bayelsa and he profusely apologises to your Lordship. He can assure your Lordship that at the next adjournment he will be in court.

“Today’s absence is not a deliberate act but due to circumstances beyond his control.”

Clarke then made a preliminary objection that the court did not have the jurisdiction to hear and determine the case.

He anchored his objection on Section 6 (6)(a) of the 1999 Constitution and argued that the due process requires that any misconduct by a sitting judicial officer should firstly be looked into by the National Judicial Commission (NJC).

“The prosecutor instituted a criminal charge against the defendant while he occupies a judicial office.

“The prosecutor is EFCC for Attorney-General of Lagos State, who are both members of the executive arms of government.

“The 1999 Constitution of Nigeria as amended has ensured separation of powers within the arms of the government and provided for discipline of erring judicial officers.

“The information filed offends the provisions of Section 158 (1) and Paragraph 21 of the third sechedule of the constitution which established judicial precedents and authorities.

“This honourable court lacks the jusridiction to try the defendant on the basis of the offences contained in the information.

“I’ll urge your Lordship to strike out the charge and follow due process,” Clarke said.

But, the EFCC Prosecutor, Mr Rotimi Oyedepo, challenged the defendant’s non-appearance and urged the court to dismiss the preliminary objection.

He said: “We are extremely disappointed by the wilful refusal of the defendant to appear before my Lord. The defendant was served with the charge which he duly acknowledged. He was also informed of the proceedings before my Lord today.

The issue as to the status of the defendant is not in issue. As a matter of fact, before this court, all animals are equal. His status has nothing to do with his appearance.”

He argued among others that the application by the defense, “is asking the court to immune the defendant from prosecution because he is a sitting judge.”

Oyedepo, citing Sections 308 and 35 (1) (c) of the Constitution, said the defendant does not fall within the persons immune from prosecution.

He said the NJC has only administrative disciplinary powers to sanction the defendant for any misconduct.

He added: “The charge was brought against Nganjiwa in his personal capacity.

“The applicant (defendant) misconstrued the charge, we are not asking for the removal of the applicant from office.

“The misconduct in the charge which constitutes an offence in Lagos State is still liable to be determined by this court.

“The charge is brought pursuant to Section 82 of the Criminal Law of Lagos State and Section 39 of the EFCC Act, which alleged that the applicant being a public official enriched himself unlawfully.

“It means that the court has juridiction to interpret the information. I urge this court to dismiss the objection and call the defendant to take his plea.”

According to the charge marked LD4769C/17 Justice Nganjiwa allegedly unlawfully received the monies (approximately N81,705,000) in naira and United States dollars.

The agency said the $260,000 was paid into the judge’s personal account with Guaranty Trust Bank (GTB) in four tranches including $144,000 and $102,000, between January 18 and December 16, 2013 and January 6 to November 17, 2014.

The last two dollar payments of $10,000 and $4,000 were allegedly made on March 27, and April 30, 2015.

The judge also allegedly received through his Access Bank corporate account in the name of Awa-Ajia Nigeria Ltd, the sums of N750,000, N300,000, N5,000,000, N5000,000, N500,000, N500,000, N500,000, N100,000 and N500,000 (totalling N8,650,000).

The inflows were allegedly received on April 8, 17, 24 and November 8, 2013, April 10, September 16 and 28, 2014, October 30 and November 27, 2015, February 8, 2016.

The EFCC said the judge got the money, “so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.”