AS FAILURE TO PRODUCE WITNESS SPARKS ROW IN COURT
Emmanuel Ukudolo l Friday, May 25, 2018
IKEJA, Lagos, Nigeria – The National Judicial Council(NJC) today told a Lagos High Court, sitting in Ikeja that judicial officers received other allowances besides salaries and that estacodes are paid in Naira and not in foreign currencies. Ramatu Hassan Ahmed, an official of the NJC who was testifying in court following a subpoena from the Economic and Financial Crimes Commission(EFCC) had enumerated the role of judicial officers as found in the code of conduct for judicial officers.
She told the court that though judges receives allowances such as estacodes other than salaries such allowances are disbursed through the individual courts. Alluding to relevant section of the handbook, she said, paragraph 8.5 of the handbook stated that it is wrong for a judge to use his position for personal advantage, neither can a judge use his/her position to contact any colleague with a view to influencing the outcome of a case.
She earlier referred to paragraph 2.5 of the book and stated expressly that a “judge shall not accept gift from a lawyer who might appear before him provided the gift is given in period of festivities and it is not of pecuniary nature.
Ahmed also identified, the first defendant, Rita Ofili Ajumogobia as customer to the accounts including corporate accounts where all the money in question, $894,400 and N56, 230,005 were deposited and affirmed that judicial officers are not allowed to maintain and operate corporate account in the course of service.
Attempt by the EFCC, represented by Rotimi Oyedopo to make her to interprete provisions of the handbook was objected by Olawale Akoni(SAN) counsel to the first defendant(Rita Ofili Ajumogobia) and Ifedayo Adedipe(SAN), counsel to the second defendant(Godwin Obla).
Adedipe told the court that a witness( a lawyer not a judicial officer) cannot interprete the content of the document before the court. He said his client is standing trial and submitted, that the question the prosecution is asking is irrelevant under the Evident Act.
“She has tendered the document, it is for the court to interprete the document”, he told the court. Earlier, Akoni had told the court that it is trite law that evidence must be relevant to the charge and that what is being read is not relevant to the charge against his client.
Failure by EFCC to produce Witness after cross examination of the NJC official sparked row between the judge, EFCC and the senior lawyers.Justice Hakeem Oshodi had fired the first salvo when the EFCC lawyer, said the next witnesses was not available and sought for an adjournment at 11:40 for a case slated for the whole day.
“Let the court be the one that will say, trial cannot go on. You did not come fully prepared. It is good that NJC is here. Tell them this is what is happening, we got stuck because there is no more witness, not the court. I hope you are seeing it”, he said, adding that he has set aside the whole of Friday to here the case yet the EFCC is seeking adjournment.
Oyedepo who was still on his feet said, “My lord, I brought a witness and was cross-examined today. I brought a witness, but I did not know how long the cross-examination will take. The last time, a witness was examined for 2 days, the wintess has been coming, the last time, the winess was in court. I dont need anybody to commend me, but I know that the little contribution i have made, I know I am not indolent, I am not lazy”, he said.
Justice Oshodi had to caution him to leave that at the discretion of the court and that Oyedepo must learn to do away with such mentality.
Responding, Adedipe said, “today’s adjourent at Oyedopo’s intance is painful, my learned SAN just get his son a wife, but he is here because Oyedopo asked us to be here. You granted press interview blaiming senior lawyers for delay. I ought to be in Akure but I am here. I would have asked for a cost”, he said and noted that there is need to amend the law so that the antigraft agency can pay for cost. “I will be asking for adjournment sometime in October”,
But Justice Oshodi objected, stressing that will give the impression that the court is responsible for the delay. At prosecution’s request, the matter was adjourned till 8th of June for continuation of trial.
