By Onyewuchi Ojinnaka
The joy of former judge of Federal High Court, Justice Rita Ofili-Ajumogobia who has been standing trial on charges bordering on corruption was short-lived as she was re-arrested by the Economic and Financial Crimes Commssion (EFCC) shortly after the charge against her was struck out by an Ikeja High Court.
Justice Hakeem Oshodi of an Ikeja High Court had on Tuesday struck out the suit against Justice Ajumogobia on the ground that the prosecution jumped the gun by not allowing the National Judicial Commission (NJC) play its constitutional role of investigating the charges brought against the judge as a judicial officer before charging her to court.
The EFCC operatives had layed siege for the former judge for over two hours after the ruling by Justice Oshodi striking out the suit against her.
Ajumogobia’s joy for escaping the wrat of the law was however short-lived as the operatives numbering about fifteen laid seige for her in the court premises after she stepped out shortly when the charge was dismissed.
Ajumogobia who wore a leg cast on her right leg, had proceeded out of the court but fled back upstairs into the court when she saw armed operarives of the commission who were waiting to arrest her.
The embattled judge however notified the court of her impending arrest but Justice Oshodi said that there was
nothing he could do anymore, as the case file had immediately been closed.
The operatives who had waited until the court rose, arrested her immediately she stepped out and was escorted into a waiting white Hilux van.
Ajumogobia has since been dismissed as a judge on the recommendation of the National Judicial Commission.Earlier, Justice Oshodi had struck out the 30-count charge bordering on corruption and abuse of office by a public officer against Ajumogobia, describing it as a waste of judicial time.
In November 2016, EFCC had arraiggned Ajumogobia who was still a serving Judge and Obla an former EFCC prosecutor on a 30 count charge where they both pleaded not guilty.They were both granted bail on self recognizance.
The anti graft agency then on February 2018,
amended the charges reducing it to 24 counts and the duo
were rearraigned.
At the resumed proceedings on Tuesday, Justice Oshodi expressed dismay at EFCC for wasting the time of the court.The judge held that: “The Prosecution wasted the time of the court knowing fully 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.
“The EFCC was aware of the Court of Appeal’s decision on Justice Hadezia Nganjiwa where it had reached a decision that any attempt by any government agency to try a judicial officer without first waiting for the verdict of the NJC’s disciplinary commitee will amount to a breach of the constitution.
“Going by the decision of the Court of Appeal, continuing with this case would be an excercise in
futility. This decision has rendered useless all that has been done so far.
“The prosecution knew that this was an excercise in nulity. They should have brought an application to have the charges dropped, but they still persisted.
“The prosecution in this case admitted that they jumped the gun,” the Judge ruled.
The judge also frowned at the judicial system for not making provisions to fine the prosecution for wasting the judicious time of the court.
In the ruling, Justice Oshodi pointed out that the anti- graft agency 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, “the Judge ruled. The Commission on February 2018, amended the charges reducing it to 24 counts and the duo were rearraigned.
EFCC alleged that Ajumogobia tried to pervert the
course of justice by collecting N5 million through her account 1015319084 domiciled in UBA from Obla.
Obla was also accused of giving gratification of N5million to a public officer (Ajumogobia) by paying the money directly into her United Bank for Africa (UBA) account.
The anti graft agency accused the Judge of enriching herself with N8million which she could not give reasonable explanation for.In the course of the trial, the EFCC through its lead Counsel, Rotimi Oyedepo called a total of 14 witnesses, before closing its case.
When it was time for Ajumogobia to open her defence, she filed a no case submission, while challenging the court’s jurisdiction to try her.
