War against graft claims big fish as court jails SAN

…Judge sentences Joseph Nwobike to prison without option of fine
…EFCC secures first conviction against Senior Advocate
…Embattled senior lawyer heads for Appeal Court
“The defendant’s level of culpability was high and was carried out with impunity repeatedly over a period of time. The level of culpability was high but, the level of consequences was limited.

“The defendant, Dr. Joseph Nwobike, is hereby sentenced to a period of one month of 30 days imprisonment for each of the 12 counts of attempting to pervert the course of justice. The sentence is to run concurrently.”

With the above words and for two hours five minutes on Monday, Justice Raliat Adebiyi of the Lagos High Court, Ikeja sentenced Dr. Joseph Nwobike, a Senior Advoctate of Nigeria (SAN) to 30 days’ imprisonment without option of fine over attempt to pervert the course of justice

It is instructive to note that this is the first conviction that the Economic and Financial Crimes Commission (EFCC) would secured against a Senior Advocate of Nigeria.

The EFCC had alleged that Nwobike offered N750,000 and N300,000 gratifications to Justices Mohammed Yunusa and Hyeladzira Nganjiwa of the Federal High Court, Lagos respectively.

In a 15-count amended charge, the anti-graft agency claimed that Nwobike offered the two judges money to allegedly pervert the course of justice.

Dr. Nwobike, who appeared in court at exactly 8:45am wearing a navy blue suit with white shirt and red tie, was also alleged to have made false statement to the EFCC in the course of investigation.

But Justice Adebiyi, who began to read her judgment at about 9:40am found Nwobike guilty of 12 counts out of the 18 counts allegations brought against him and sentenced him to 30 days imprisonment on the 12 counts.

The judge held that Nwobike, who was sweating profusely in the courtroom on Monday, deliberately attempted to pervert the course of justice by sending text message to a judicial official with instruction to influence the assignment of several cases to Justice Yunusa.

She noted that Nwobike conviction would serve as a deterrent to lawyers and stakeholders in the justice sector to desist from such act, saying that the development will send a signal about the seriousness of the government to fight corruption.

She observed that Nwobike was obviously motivated by the zeal for success and the will to succeed at all cost.

In considering the plea for leniency by Nwobike’s lawyer, Wole Akoni, SAN, Justice Adebiyi stated that Nwobike being a senior advocate has brought shame to the legal profession.

She however stated that in sentencing the defendant, the court considered his no previous criminal record, his comportment in court and other factors in reducing the 2 years prescribed jail term to 30 days in prison.

The EFCC had alleged that Nwobike at several occasions sent text messages to one Jide, a Federal High Court official with instruction to ensure certain case he filed should be assigned to a specific judge.

Although Justice Adebiyi held that there was no concrete evidence by the EFCC to prove the more serious offence of perversion of justice, she held that the fact that six out of the 10 cases which Nwobike requested to be assigned, were successfully assigned to the judge he wanted, showed a deliberate attempt to pervert the course of justice.

The judge said, ”It is curious that 6 out of the 10 cases filed were assigned as suggested by the defendant to Jide inspite of the fact that he is not an assigning authority. In proving the ingredient of attempt to pervert justice, act must be immediately connected to an attempt. From the evidence before me, it is clear that the defendant attempted to pervert the course of justice. He is accordingly convicted.”

On the allegation of offering gratification to Justice Yunusa and other judges with the aim of influencing the outcome of his cases, the judge held that EFCC failed to prove that the N750,000 given to Justice Yunusa actually influenced any case before the judge.

The judge also held that the EFCC failed to prove the allegation that the defendant gave false information to its official during the cause of their investigation.

But hours after his conviction, Dr. Joseph Nwobike (SAN), filed a notice of appeal against the judgment by Justice Raliatu Adebiyi of the Lagos High Court.

In a notice of appeal which was immediately filed by Nwobike’s lawyer, Wole Akoni (SAN), the senior lawyer contended amongst other things that the allegation of attempt to pervert the course of justice for which he was convicted was not proved by the EFCC.

The appeal also insists that the judgment was unreasonable and unwarranted.

Meanwhile, the Socio-Economic Rights and Accountability Project (SERAP), the Nigerian Bar Association (NBA) and some senior lawyers have reacted to the conviction and sentencing of Dr. Joseph Nwobike (SAN) to a month in prison.

While some lawyers said the punishment was mild just a “slap on the wrist”, others described it as a sad development.

Some lawyers during interviews described the sentence as a “slap on the wrist” considering that the law under which Nwobike was sentenced prescribes a mandatory two-year sentence.

In his reaction, the Chairman of the Ikeja Branch of the Nigerian Bar Association (NBA), Mr. Adeshina Ogunlana, told journalists: “I just heard the news 20 minutes ago though a one month sentence is light, conviction is conviction.

“Certainly, he is liable now to be disbarred apart from being stripped of his rank of Senior Advocate of Nigeria. The stain is there even if he is given a VIP treatment during his stay in prison.

“I would not know if the prosecution proved its case beyond reasonable doubt but since they have proved their case against him, then too bad for him.

“On the surface, the sentence seems lenient but the implications is quite devastating, he is now a convict.”

Also reacting, Mr. Adetokunbo Mumuni, the Executive Director, the Socio-Economic Rights and Accountability Project (SERAP), expressed displeasure over the sentence.

Mumuni, who said he had yet to read the full details of the judgment, noted that given the weight of the offence, the punishment was mild.

“For the enormity of the offence, I do not think one month imprisonment will be sufficient punishment.

“That one month sentence to me is on the lighter side; in fact, it is very, very light,” he added.

Mr. Ademola Adewale, a senior lawyer with over 30 years experience at the Bar, criticised the one month prison sentence, describing it as ridiculous.

“The sentencing of Dr. Nwobike (SAN) by the learned trial judge is ridiculous, it is a simply pat on the back.

“It undermines the fight against corruption and a heavier penalty would have served the purpose of punishing the level of judicial impunity Dr. Nwobike has displayed in this case.

“In the circumstances of this case, the best way EFCC on behalf of Nigerians to show displeasure against this judgment is to appeal against the sentence, the action is an endorsement of judicial impunity,” Adewale said.

Another senior member of the Bar, Mr. Wahab Shittu, said the sentence was a sad development and sad day for the legal profession.

Shittu, who is also a prosecutor for the EFCC said: “He was my classmate at Master’s degree level, it is not easy to become a lawyer and it is much more herculean to be a SAN.

“The fact that a SAN has found himself in this kind of light is quite unfortunate and it is a sad day for the legal profession and for those who hold the inner bar in manifest respect.

“I’m saddened by this development but again it is a demonstration of the fact that the law is no respecter of persons.

“I salute the courage of the judge, Justice Raliatu Adebiyi, who was able to apply the law forcefully not minding whose ox is gored.”

Shittu also noted that the case had not ended with the sentence given by the High Court and that Nwobike’s legal battle is far from over.

“My further reaction is that this is not the end of the matter. I foresee this matter getting up to the level of the Supreme Court.

“There will continue to be a debate on whether the punishment meted out to the senior advocate is commensurate to the offence.

“There are those who will argue that the judge ought to have imposed the maximum punishment of two years imprisonment but whatever the case, it is on record that the court has imposed some level of punishment.

“Let us see if this judgment is upheld by the higher court. I see Nwobike appealing this judgment up to the Supreme Court.

“If this judgment is upheld at the level of the Supreme Court, it means he can no longer practice law as a legal practitioner and will lose his privileges as a SAN.

“I know it has a wider implication for his career and that is why I know he will fight it up to the Supreme Court. But for now, let us be content that justice is done,” Shittu said.

Justice Adebiyi sentenced Nwobike under Section 97(3) of the Criminal Law of Lagos State 2011.

The section says “Any person who attempts in any way not specified in this law, to obstruct, prevent, pervert or defeat the course of justice, is guilty of a misdemeanor, and is liable to imprisonment for two years.”