Court hears Ajumogobia’s motion challenging trial May 31
By Peter Fowoyo, Lagos
Hearing of a motion brought by the former Judge of the Federal High Court, Justice Rita Ofili – Ajumogobia has been fixed by a Federal High Court, Ikoyi, Lagos.
Justice Rilwan Aikawa on Thursday fixed May 31 to hear the motion by the former judge challenging her trial before the court.
The Economic and Financial Crimes Commission (EFCC) charged Ofili-Ajumogobia and a senior lawyer, Godwin Obla (SAN) on an 18 –count charge bordering on conspiracy, unlawful enrichment, retention of crime proceeds and money laundering.
They were re-arraigned on May 15 and had both pleaded not guilty to all counts of the charge. The court had granted them bail in the sum of N10 million each with two sureties in like sum.
At yesterday’s proceedings, Chief Robert Clarke (SAN) announced appearance for the first defendant while Chief Ferdinand Orbih (SAN) appeared for the second defendant.
Clarke then informed the court of a preliminary objection challenging the court’s jurisdiction to entertain the charge against Ajumogobia, arguing that the first defendant had not being dismissed as a judge of the Federal High Court, since there were no gazette evidencing her said dismissal.
He said that failure to show evidence of such dismissal denies the court of the requisite jurisdiction to entertain the case. Besides, the defence argued that the contention of the prosecution in its affidavit that the defendant had not been tried was wrong.
He argued that the defendant was prosecuted for about two and half years before a Lagos High Court with 18 witnesses called by the prosecution before the court dismissed the suit and therefore, urged the court to hear the defendant’s application.
On his part, second defence counsel, Orbih also informed the court of his motion seeking to split the charge and try the second defendant separately, stating that his application was not challenging the validity of the charge, but the purpose to which it is being used.
Responding, the prosecutor, Rotimi Oyedepo, urged the court not be persuaded to hear the motions alone, but that where the court is inclined to hearing same, it should also proceed with trial, following which the court would deliver a composite judgement in the end.
He argued that the various applications by defence was aimed at stalling trial and clogging justice, adding that the Administration of Criminal Justice Act seeks to redress such mischief of delays.
After listening to arguments and counter –arguments, Justice Aikawa in a short ruling held that the prosecution was permitted to abandon the said paragraph of the affidavit and that the court would hear the various defence applications after which it will deliver its ruling.
The court consequently, adjourned the case until May 31 for hearing.
