ALLEGED GRAFT: Floored at Appeal Court, EFCC drags Justice Nganjiwa to S’Court

After suffering defeat following the ruling of the Court of Appeal in its corruption charge leveled against a serving judge of the Federal High Court, Justice Hyeladzira Nganjiwa, the Economic and Financial Crimes Commission (EFCC) has dragged the matter to the Supreme Court.

The EFCC had following allegations that the judge received a total of $260,000 and N8.65 million gratification to enrich himself as a public official, arraigned Justice Nganjiwa on June 23, 2017 before the Lagos State High Court in Igbosere.

However, in the middle of the trial which was before Justice Adedayo Akintoye, the appellate court, in a judgment on December 11, 2017, acquitted Nganjiwa of the 14 corruption charges the anti-graft agency leveled against him and set him free.

In a lead judgment by Justice Abimbola Obaseki-Adejumo, the appellant court ruled that the anti-graft agency could not prosecute a serving judge unless such a judge had been first sanctioned by the National Judicial Council (NJC).

Not comfortable with the judgment, counsel to the EFCC, Mr. Wahab Shittu, in an appeal lodged before the Supreme Court, argued that the Appellate court erred in law when it held that the NJC was the sole body empowered by the constitution to determine allegations of misconduct and crime against judicial officers.

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“There is no provision of the constitution making the exercise of powers of law enforcement agencies on investigation and prosecution dependent on the exercise of powers by the National Judicial Council in the context of criminal offences allegedly committed by judicial officers in the discharge or outside the discharge of duties by judicial officers.

“The Court of Appeal assaulted the principle of Separation of Powers enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended) by shackling law enforcement agencies from operating independently and freely,” the EFCC stated in its appeal.

 

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