The Economic and Financial Crimes Commission (EFCC) has said that it re-arrested a former judge of the Federal High Court, Mrs. Rita-Ofili-Ajumogobia, to enable it prefer fresh criminal charges against her.
It further stated that the re-arrest was done in line with the ruling of the Appeal Court, Lagos Division, where it was stated that a judge could not be prosecuted until he or she had either been dismissed or compulsorily retired by the National Judicial Council (NJC).
In a statement issued in Abuja yesterday, the EFCC said: “The commission re-arrested Ofili-Ajumogobia in line with the decision of the Appeal Court, Lagos Division, in a case involving Justice Hyeladzira Nganjiwa, where it said that a judge could not be prosecuted until he or she had either been dismissed or compulsorily retired by the NJC.
“Consequent upon the fact that the commission had presented Justice Ofili-Ajumogobia before the NJC for disciplinary action and that the NJC had taken a position, the commission would now approach the court to prefer fresh charges against her.”
Reacting to development, the former minister of aviation, Mr. Femi Fani-Kayode, described it as “sheer wickedness.”
“EFCC’s case against Justice Rita Ofili-Ajumogobia was thrown out by Justice Oshodi of the Ikeja High Court today with harsh words.
“Despite this she was held hostage by the EFCC in the court premises for one hour and now she has been re-arrested and taken to their Lagos office.
“All this despite the fact that she is innocent of any wrongdoing, despite the fact that she is a lady, despite the fact that she has been subjected to and suffered immense trauma due to this case over the last two years and despite the fact that one of her legs is now broken and in a cast.
“This is not justice: it is sheer wickedness. I appeal to President Buhari to put a stop to this wholesale, vindictive and vicious persecution and to call the EFCC to order. If we do not fear man we should at least fear God,” he said.
It would be recalled that Justice Hakeem Oshodi of the Lagos High Court yesterday struck out a 30-count charge bordering on corruption preferred against Ofili-Ajumogobia by the EFCC saying it lacked jurisdiction to entertain the suit.
Ofili-Ajumogobia was charged alongside a former prosecution counsel for the EFCC, Mr. Godwin Obla.
Ofili-Ajumogobia was arraigned for alleged perversion of the course of justice, unlawful enrichment and forgery, while Obla was alleged to have offered N5 million gratification to the judge.
While ruling on the application challenging the authority of the court, Oshodi held that he had no jurisdiction to hear the matter.
Counsel for Ofili-Ajumogobia, Mr. Robert Clarke, filed the application dated November 27, 2018.
He prayed the court to discharge and acquit his client based on the Appeal Court ruling on Nganjuwa vs. FRN.
Oshodi said: “As at Monday, December 11, 2017, the EFCC was aware of the decision reached by the Court of Appeal in Nganjuwa vs. FRN. As at that date, the amended information was yet to be filed and the twelfth prosecution witness was still giving evidence.
“The prosecution persisted like a bull running amok and still called two more witnesses and precious judicial time was wasted. We have not found a way in the judicial atmosphere to discipline or penalise an agency of government through fines or costs. In conclusion, the court has no jurisdiction to hear the first amended charge of February 21, 2018 of 31-counts.
“The prosecution wasted the time of the court knowing full well that the court lacks jurisdiction as at the time of calling 12th witness, but still went ahead to amend the charge to call two more witnesses.
“Going by the decision of the Court of Appeal, continuing with this case would be an exercise in futility. This decision has rendered useless all that has been done so far.
“The prosecution knew that this was an exercise in nullity. They should have brought an application to have the charges dropped, but they still persisted,” he said.
The judge also frowned at the judicial system for not making provisions to fine the prosecution for wasting the judicious time of the court.
Justice Oshodi, in his ruling also pointed out that the EFCC jumped the gun for not waiting for the National Judicial Council to dismiss the judge before filling charges against the defendant.
“This case is hereby struck out and dismissed,” Oshodi ruled.
