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Judge recalled by NJC challenges court jurisdiction over EFCC arraignment

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We must discipline our stomachs to stop impunity, CJN Onnoghen counsels SANs

A Federal High Court judge, Hydiazira Nganjiwa, who was recently recalled from suspension by the National Judicial Council (NJC), on Tuesday challenged his arraignment by the Economic and financial Crimes Commission in a Lagos High Court.

The NJC had six months after Nganjiwa, and seven other judges were suspended over allegations of corruption, recalled him and four other judges who the Federal Government failed to charge to court.

The judicial body also recalled Justice Adeniyi Ademola, who’s case, the federal government has appeal against after he was acquitted of any wrongdoing by a high court.

The EFCC had, days after the NJC recalled Nganjiwa, accused him of receiving $144,000, $102,000 and other such sums he allegedly could not “reasonably explain.”

The commission subsequently on June 8, filed a 14-count charge against the judge, alleging among other things that he unlawfully enriched himself and “making ‎false information to an officer of the EFCC.”

But when the case was called up on Monday, the defendant’s lawyer, Mr Robert Clarke (SAN) explained to the court that Nganjiwa was absent because he could not get a flight from Bayelsa to Lagos.

Clarke said, “Today’s absence is not deliberate, this is a sitting judge of a Federal High Court. He called me and said that he could not get a flight to Lagos.’’

Clarke then challenged the arraignment of Nganjiwa before the Lagos High Court sitting in Igbosere, arguing that the court presided over by Justice Adedayo Akintoye, did not have the jurisdiction to hear and determine the case of his client.

Clarke based his objection on Section 6 (6), (a) of the 1999 Constitution, which he said states that a defendant who is a sitting judicial officer, can only subject himself to the discipline of the National Judicial Council (NJC).

Maintaining that misconduct of a judicial officer should first be looked into by the NJC, Clarke said the “case should be dismissed and due process followed.”

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He went further to say, “The prosecutor instituted a criminal charge against the defendant while occupying a judicial office. The prosecutor is EFCC for the Attorney General of Lagos State, who are both members of the executive arms of government.

“The 1999 Constitution as amended ensures separation of powers within the arms of the government and provides for discipline of erring judicial officers.”

According to Clarke, the information filed against the defendant offended the provisions of Section 158 (1) and paragraph 21 of the Third Schedule of the Constitution which established judicial precedents and authorities.

In his response, the lawyer to the EFCC, Mr Rotimi Oyedepo, prayed 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.

Citing Sections 308 and 35 (1) (c) of the Constitution to deflect Clarke’s argument, Oyedepo said that the defendant did not fall within the persons mentioned in provisions of Section 3 and therefore, could not enjoy immunity from prosecution.

 

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0 Comments

  1. seyi jelili

    June 14, 2017 at 5:09 am

    Nganjiwa is nothing but a shameless corrupt judge, efcc should take the matter up again until all those recalled judges are silenced in prison

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