Court to rule on Ajumogobia, Obla’s applications June 28

Peter Fowoyo

Ruling on the preliminary objection filed by a 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 Monday, fixed June 28, 2019 after hearing submissions of the two parties.

The court will also rule on the application brought by a senior advocate, Godwin Obla, asking Justice Aikawa to severe the charge.

Both Justice Rita Ofili – Ajumogobia and Godwin Obla are standing trial over alleged money laundering.

At Monday’s proceedings, counsel to Justice Ajumogobia, Robert Clarke, (SAN) drew the court’s attention to the first defendant’s pending preliminary objection which challenges the jurisdiction of the court to entertain the charge, on the ground that Justice Ajumogobia remains a judge of the Federal High Court.

Clarke in his application emphasised that no official gazette has been released by the office of the President which shows that the President has accepted the recommendation of the National Judicial Council to remove Ajumogobia from office as a judge.

Again, Clarke drew the court’s attention to the fact that the letter relied on by the prosecution to prove that the President had approved the removal of Ajumogobia bore the inscription restricted which he argued, presupposes that the document is not a public document that can be relied on by third parties or which can be tendered in court.

Clarke submitted in conclusion that the fact that there is no official gazette showing the fact of the removal of Justice Ajumogobia as a judge of the Federal High Court,

the court before which the current charge has been filed is bound by the decision of the Court of Appeal in the case of Nganjiwa vs FRN- where it was held that no court has the jurisdiction to entertain a criminal matter against a serving judicial officer in relation to an allegation of misconduct occurring in the course of judicial functions, until such an officer has been disciplined and removed from office.

Consequently, Clarke urged the court to decline to exercise jurisdiction over Justice Ajumogobia in respect of the charge filed by the EFCC.

On the part of the second defendant, Godwin Obla, (SAN), who was represented by Ifedayo Adedipe (SAN) and Ferdinand Orbih (SAN), the attention of the court was drawn to an application seeking the quashing of counts one to three or in the alternative an order allowing the separate trial on the said counts.

Adedipe submitted that after almost three years of trial at the Lagos State High Court during which the prosecution called 14 witnesses and after which Obla filed a no case submission, the Lagos State High Court, agreeing with Rotimi Oyedepo for the prosecution that it lacked jurisdiction over Justice Ajumogobia, struck out the charge without ruling on Obla’s no case submission.