Strike out charge against Ajumogobia, Obla – EFCC pleads with Court

Doosuur Iwambe, Abuja

The Economic and Financial Crimes Commission (EFCC) has urged the Lagos State High Court to strike out a suit in which it instituted against Justice Rita Ofili-Ajumogobia and Godwin Obla (SAN). Counsel to the EFCC, Mr. Rotimi Oyedepo, at the resumed hearing on 25 January 2019, appealed to the court to strike out the charge before the court and to discharge the defendants. Oyedepo predicated his appeal to the court on the decision of the Court of Appeal in the case of Nganjiwa Vs Federal Republic of Nigeria and the preliminary objection raised by counsel to Ofili-Ajumogobia, Robert Clarke SAN. (The Court of Appeal had in Nganjiwa’s case held that where there are allegations of misconduct or any breach of the law carried out in the course of a judicial officer’s functions, such a judicial officer must first be disciplined by the National Judicial Council before arraignment in a Court of law). Oyedepo further conceded, in agreement with Robert Clarke (SAN), that the court lacked the jurisdiction to try Ofili-Ajumogobia without first having recourse to the National Judicial Council. Clarke who is counsel to Ofili-Ajumogobia, however, pointed out to the court that Oyedepo had been aware of the decision of the court of appeal in Nganjiwa’s case since it was delivered but deliberately failed to draw the court’s attention to it- thus giving the impression that the prosecution had set about to persecute and not prosecute the 1st defendant. Clarke (SAN) further argued that Oyedepo’s action constitutes an act of professional misconduct for which he (Oyedepo) ought to be sanctioned. Ifedayo Adedipe (SAN), leading Chief Ferdinand Orbih (SAN) and other members of the Defence team for Mr. Godwin Obla (SAN), Ofili-Ajumogobia’s co-defendant, however urged the court to separate the joint charges of the defendants and to permit Obla’s trial to continue, in the event that Ofili-Ajumogobia is discharged. Adedipe SAN’s application was anchored on Section 151 of the Administration of Criminal Justice Law of Lagos which permits the severance of criminal charges and the separation of joint criminal trials. Adedipe SAN, relying on the decision of the Court of Appeal in the recent case of SULE vs STATE (2018) 10 NWLR (Pt. 1628) 545 at 566-567, paras. G-A, also argued that where a Court is faced with a criminal trial where one of the defendants is unavailable or the charges against him/her are to be struck out, such a Court may proceed to separate the joint trial and proceed with the trial of one or more co-defendants on the existing charge.