Justice
Hyeladzira Nganjiwa of Federal High Court, Bayelsa Division, was on Friday
docked at a Lagos High Court sitting in Igbosere for alleged unlawful financial
enrichment. The Economic and Financial Crimes Commission (EFCC) arraigned
Nganjiwa on a 14-count charge bordering on unlawful financial enrichment to the
tune of 260,000 dollars and N8.7 million (approximately N81.7 million).
He
pleaded not guilty to all the 14 counts. The defendant’s counsel, Mr. Robert
Clarke (SAN) had on June 13, when the case first came up, opposed the
arraignment of the judge before a Lagos High Court at Igbosere. Clarke said the
court presided over by Justice Adedayo Akintoye lacked the jurisdiction to hear
and determine the case.
According to
him, the defendant, who is a sitting judicial officer as defined in the
constitution, can only subject himself to the discipline of the National
Judicial Council (NJC). He urged the court to dismiss the case, adding that due
process should be followed. Clarke also argued that the information filed
offended the provisions of Section 158 (1) and paragraph 21 of the Third
Schedule of the Constitution which established judicial precedents and
authorities.
But the EFCC Prosecutor, Mr Rotimi Oyedepo, urged the court to
dismiss the preliminary objection, pointing out that the application is asking
the court to immune the defendant from prosecution because he is a sitting
judge. Oyedepo cited Sections 308 and 35 (1) (c) of the Constitution to puncture
the argument of the defence counsel that a sitting judge cannot be prosecuted.
He said among other things that the defendant did not fall within the persons
mentioned in provisions of Section 3 and, therefore, could not enjoy immunity
from prosecution. He said that the charge was not brought against the NJC,
rather the charge was against Nganjiwa in his personal capacity. Oyedepo,
therefore, urged the court to dismiss the objection and call the defendant to
take his plea. In her ruling, Justice Akintoye, said the court had the
jurisdiction to hear and entertain the case. She said: “It is trite that the
court can entertain and determine the rights of any citizen. It is, therefore,
not correct that the court does not have jurisdiction to entertain this case.”
The judge asked the defendant: “Being a judicial officer of the Federal
Government, is there any law that excludes judicial officers from being
charged?” “I affirm that the NJC has power to discipline any judicial officer,
but judicial officers are not immune from being preferred with criminal
liability. “It is only the office of the president, vice-president, or
executive governor of any state that are immune from criminal liabilities while
in office. “So, the defendant does not have immunity under Section 308 of the
1999 Constitution; therefore, the court has been properly constituted and has
the power to try this case.
“The notice of preliminary objection, I hold, is
therefore, misconceived and same is hereby dismissed,” Akintoye ruled. After
the ruling on the court’s jurisdiction, the charge was read to the defendant
and his plea was taken. The two parties, however, argued on the bail
application made by the counsel to the defendant, who urged the court to grant
him bail on self-recognizance as a sitting judge. The prosecutor opposed the
bail to be granted to the defendant on self recognizance, saying that there is
no guarantee that the defendant will continue to sit as a judge. Justice
Akintoye, after listening to the arguments, granted bail to Nganjiwa on
self-recognizance. She however, ordered that the defendant should deposit his
international passport with the Chief Registrar of the High Court within seven
days of the ruling. Hearing in the case has been fixed Oct. 6.
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