Rita Ofili Ngozi Ajumogobia: Court to rule on jurisdiction April 16

Justice Ajumogobia in court with POP, walking stick

Emmanuel Ukudolo I Friday, Jan. 25, 2019

IKEJA, Lagos, Nigeria – A Lagos High Court sitting in Ikeja, today adjourned proceding till April 16, 2019 to rule on whether or not to strike out the suit filed against former Federal High Court judge, Justice Rita Ofili Ngozi Ajumogobia(Ilorin), who  is  being tried by the Economic and Financial Crimes Commission(EFCC) for unlawful enrichment and breach of code of practice. About $667,000 USD and N54 million were alleged by the EFCC to have been deposited into her personal and company accounts by clients and associates.

At today’s hearing, Rita Ajumogobia came to court in company of her husband with POP on her neck and a walking stick. She was looking frail but composed. But she could hardly twist her neck watching her from behind. The court presided over by Justice Hakeem Oshodi,  will rule whether to strike out the suit for lack of jurisdiction and  perhaps split  charges between the first defendant, Ajumogobia and the second defendant, Godwin Obla(SAN).

The court  arrived at the decision after listening  submission of counsel to the first defendant, Chief Robert Clark that the court lacks juridiction to entertain the case based on Appeal Court ruling on Justice  Ajiya Nganjuwa Vs FRN.

In his judgment in the case between Hon.  JUSTICE NGANJUWA V.  FRN with the Appeal No: CA/L/969C/17 . Hon Justice Obaseki Adejumo said that EFCC does not have power to investigate and prosecute serving judicial officers and that NJC must first strip the Appellant (Hon. Justice Nganjuwa) of his judicial standing before he could be charge.

“His Lordship further stated that serving judicial officers can only be prosecuted for offences like murder, stealing etc done outside the discharge of their duties. That once the offence was committed in the discharge of their duties, they must be tried by NJC first.

Chief Robert Clark made an oral submission following direction by the judge that the issue of jurisdiction be looked into before the ‘No Case’ submission filed by his client.  According to Clark, follwing your lordship direction, I will not pursue a no case submission, I will only restrict myself to the question of jurisdiction. The reason for suggesting that your lordship should refuse the application  is contained in our submission on pages 36 – 41. Since prosecution has agreed, the only matter left for consederation is the order to be made thereafter.

“Unike  in civil mater, the court finding itself in a positibn not having jurisdiction, .. in a criminal matter, the filling of the suit by itself does not raise any obligation on the plight of the defendant,  howerver when a defendant is enjoined by the court to go into the box to make a plea, a new dimention to the mater is rased at that stage. At that stage mylord, what the court should sit on is whether the acused is guilty or not . The resulting orders available to the court at that state where a plea has been taken is either to discharge or to convict.

“Where evidence has been adused by the prosecution and they have closed their case, the consequential order the court will be enjoined to make as a result of lack of juridiction is to discharge the acussed either on merit or discharge simplicita. Where the question of jurisiction is raised before withnesses are called, once the defendant has been named to take a plea, a plea of guilty or not guilty as the case may be, the court must discharge him from that plea…

“I am therefore urging your lordship in the circumstance to discharge and acquit  the defendant”, he said. Quoting sec 73 of the ACJ, he averred that in any trial, before a High Court or Magistrate Court, , …73:1.  It is my submission that what has happened in this case amounts to a withdrawal by the prosecution by agreeing that your lordship has no jurisdiction,  if they are withdrawing, I submit  that your court has asked us after the close of the case to make a defence.

“Our defence is predicated on the no case submission. If we have made a defence,  I am urging your lordship not only to discharge but to acquit.
I am saying prosecution  has closed their case, we have made a no case submission, so we are urging the court to discharge and acquit the defendants”, he said.

In his oral submission, counsel to the second defendant, Ifedayo Adedipe SAN  said the jurisidction  of  the court to entertain the charge and offences is different and sepaerate from the jurisdication your lordship has over individual diffendants.  The offences charged are within the criminal competence of this court to hear and entertain. The first defendant is a judicial officer hence the issue of jurisidiction.  My submission is that if the first defendant says no juridiction that does not mean your lordship cannot exercise juridication over the second defendant. The second defendant is not a judicial officer covered in the Nganjuwa’s celebrated case.

“What will happen will be for your lordship to seprate the first defendant from the second..”, he said, adding that salvation is individual. He urged the court to  strike out those counts where the court has no jurisidction and that the second defendant can also be tried for conspiracy, and quoted Sule vs the State, 2018 in the ACJ to support his claim.

In his response, Oyedepo urged the court to strike out the case based on the ruling on Nganjuwa’s case, but not to be persuaded by the submisison to discharge and acquit the defendants.  Rather he urged to court to please  discharge as charged without tempering with the substance of the matter. 

“I will be urging my lord not to make order discharging or acquiting the defendants on merit. “If my lordship says he has jurisdiction, then the merit of the case will come up.  If your lordship discharges and acquits, it means your lordship has considered the evidence which is not the case. Merit of the case is not the issue in this case”, he said, and urged the court to strike out the suit “and we will go and do the needful. I urge my lord not to make any order that will touch on the substantive suit”, he pleaded.

Among the charges  filed in the case are that Godwin Obla, SAN, on or about the 21st day of May, 2015 in Lagos within the jurisdiction of this honourable court conspired with one another to pervert the course of justice in charge No. FHC/L/C/ 482C/10 with the sum of N5,000,000.00 and that he intentionally gave the said sum directly from Obla and Company account no. 1015319084 domiciled at United Bank for Africa Plc in order that the applicant as a judge acts in the exercise of her official duties.

“That the you on or about the 5th of June 2012 in Lagos within the jurisdiction of this Honourable Court, being a judge of the Federal High Court enriched herself with the sum of N18 million from Arkleen Oil and Gas Ltd., through your account no. 0002112967 domiciled in the Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you between the 10th and 30th day of May, 2013 in Lagos within the jurisdiction of this honourable court enriched yourself with the total sum of $130,000,00 through account No. 0032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets which you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 11th June, 2013 in Lagos within jurisdiction of the Federal High Court enriched yourself with the sum of $20,000 through your account no. 00032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 11th of February, 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $30,000 through account no.0032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 27th March, 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with a total sum of $50,000 through her account No.0032091183 domiciled in Diamond Account Plc so as to have a significant increase in your asset that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 29th of March, 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with a total sum of $150,000 through your account no. 0033091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 2nd June , 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $70,000 through your account no. 0032091183 domiciled in Diamond bank Plc so as to have a significant increase in your asset in relation to your lawful income.

“That you on or about the 19th June , 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $20,000 through your account no. 0032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your asset that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 13th October , 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $20,000 through your account no.0032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 14th October , 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $55,000 through your account no.0032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 21st November , 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $50,000 through your account no.0032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That ypu on or about the 20th December , 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $50,000 through your account no.0032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you between 17th and 19th day of June 2015 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $30,000 through your account no.0032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 6th day of July, 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $10,000 through your account no.0032091183 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you between 11th day of August, 2011 and March 2012 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $68,000 through your account no.0002649223 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you between 30th day of April and 3rd day of September, 2012 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of $35,000 through your account no. 0002649223 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about the 21st day of May, 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with a total sum of N5,000,000.00 from Obla and Company which sum you received through Nigel $ Colive Ltd’s account No. 0036103635 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about 20th day of June, 2014 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of N7,500,000 from Paul Iloba Obanua which sum you received through Nigel and Colive Ltd’s account no. 0036103635 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about 4th day of February , 2015 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of N8,000,000 from Grand Bee Ltd., which sum you received through Nigel and Colive Ltd’s account no. 0036103635 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That you on or about 14th day of September, 2015 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of N5,460,000 from through Nigel and Colive Ltd’s account no. 0036103635 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That younon or about 29th day of January, 2016 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with the sum of N18,000,000 which sum you received from one Said Danlami Abba through Nigel and Colive Ltd’s account no. 0036103635 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

“That younbetween 7th day of January and 30th day of December, 2013 in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court enriched yourself with aggregate sum of N12,270, 000,00 through her account no. 0029928474 domiciled in Diamond Bank Plc so as to have a significant increase in your assets that she cannot reasonably explain the increase in relation to your lawful income.

“That you between the 5th day of July and 30th day of December 2010 in Lagos within the jurisdiction of this honourable court, knowingly forged a deed of assignment between County City Bricks Development Co Ltd and Nigel & Colive ltd dated the 5th day of July , 2010 which you purported to have prepared and signed by one Charlse Musa Esq of Charles Musa & Co attached and marked exhibit EFCC01 is copy of the said agreement.