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EFCC fumes, says A’Court aiding corruption, as it rules EFCC has no power to prosecute judges

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The Court of Appeal in Lagos has ruled that the Economic and Financial Crimes Commission (EFCC) lacked the power to prosecute judges, prompting a strongly worded response from the commission.

The court gave the ruling following an appeal which Robert Clarke filed on behalf of his client, Hyeladzira Nganjiwa, a serving judge of the Federal High Court.

The EFCC had arraigned Nganjiwa on a 14-count charge before Adedayo Akintoye of the Lagos High Court sitting in Igbosere, accusing him of allegedly receiving $260,000 and N8.65 million through his bank accounts between 2013 and 2015 from suspicious sources.

It said Nganjiwa allegedly used the money to enrich himself as a public official, noting that the monies did not correspond with his salary, an offence contrary to section 82(a) of the Criminal Law of Lagos State, 2011.

It also accused the judge of giving false information to its operatives.

But Obaseki Adejumo, the presiding judge, held that his arraignment by the EFCC was not in order.

Read also: Fayose’s panel on ex-gov Fayemi concludes proceedings, set to submit report

The judge said the National Judicial Council (NJC) must first perform its constitutional role of disciplining the judge after which it will then recommend him for prosecution.

Nganjiwa’s trial had earlier suffered a setback when Justice Akintoye removed herself from continuing to preside over it.

Her withdrawal followed an application filed by Clarke, claiming she “could be biased” in the trial of his client.

Reacting to the development, the EFCC said it would appeal the ruling.

Wilson Uwujaren, EFCC spokesman, accused the court of trying to shield public officers from prosecution.

He said the ruling, which had no basis in law, set a dangerous precedent.

“Criminal trial takes precedence over administrative procedures and it is strange that the court of appeal wants to put the cart before the horse.

“This is ridiculous! The appellate court simply wants to confer immunity on public officers from prosecution for corruption, it will not stand”, he said.

 

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