By Onyewuchi Ojinnaka
“This is to notify the general public that the Legal Practitioners’ Privileges Committee at its 132nd plenary session which was held today the 21st of June 2018, has suspended Joseph Nwobike Esq. from the use of rank of Senior Advocate of Nigeria (and all other privileges attached to the rank) in accordance with the provisions paragraph 25(2) of the Legal Practitioners’ Privileges Committee Guidelines.”
This was the statement issued by the Chief Registrar of the Supreme Court of Nigeria and Secretaty to the Legal Practitioners’ Privileges Committee (LPPC) Hadizatu Mustapha, as the Supreme Court through the LPPC stripped Dr Joseph Nwobike Esq. the rank of Senior Advocate of Nigeria bestowed on him and all the privileges attached to the rank, consequent upon his conviction and sentence to 30 days jail term by a Lagos High Court, Ikeja.
It would be recalled that Justice Raliatu Adebiyi of a Lagos High Court sitting at Ikeja, Lagos State, Nigeria had on Monday April 30 sentenced Nwobike to thirty (30) days imprisonment over his involvement in the perversion of the cause of justice.
Delivering judgment in the 18-count charge brought against Nwobike by the Economic and Financial Crimes Commission (EFCC), Justice Adebiyi convicted the then SAN on 12 out of the 18 counts filed against him by the anti-graft agency.
Justice Adebiyi had held that Nwobike’s level of culpability in the charge was high, adding that nobody was above the law.
While stating that the sentence is to run concurrently, Justice Adebiyi said the essence of the decision is to serve as deterrent to others who has the intention of getting involved in such kind of crime.
The judge noted that the evidence against the convicted and sentenced Nwobike was damning, even as she further held that the prosecution was able to establish that the defendant paid sums of money to then Justice Mohammed Yunusa of a Federal High Court sitting at Ikoyi, Lagos.
According to Justice Adebiyi, the court finds that Nwobike perverted the cause of justice when he exchanged correspondence(s) without the knowledge of the opposing party, adding that the Silk lawyer acted against the rules of professional conduct for judicial officers.
Furthermore, she declared that exhibits P2, 18, 19, 20, 21, and 22 were relevant to the charge made against the convict, as against the argument of the convict’s counsel, Wale Akoni (SAN) who had during trial stated that the exhibits were not relevant and that same be expunged.
Notwithstanding establishment of the case against Nwobile by the prosecution, Justice Adebiyi held that the prosecution was not able to prove beyond reasonable doubt some of the allegations made by the anti-graft agency against Nwobike.
Thus Nwobike was discharged and acquitted on those counts the EFCC could not establish against the convicted former SAN.
In the charge, the EFCC had accused Nwobike of offering gratification to a public official, perverting the cause of justice and giving false statements to an official of the EFCC.
Nwobike had pleaded not guilty to the amended 18-count charge of offering gratification to a public official, perverting the cause of justice and giving false statements to an official of the EFCC.
The charge was hinged on the exchange of text messages between the Nwobike, judges and court registrars as well as alleged gratification to Justice Yunusa of the Federal High Court, Lagos.
In the charge, counsel to the EFCC, Rotimi Oyedepo alleged Nwobike had on March 19, 2015 given a sum to the tune of N750,000 to Justice Yunusa.
Oyedepo also revealed that on December 15, 2014, Nwobike gave N250,000 to one Helen Ogunleye, a Senior Executive Officer of the Federal High Court, Lagos.
It was also the contention of the Commission that Nwobike had on March 4, 2014, instructed Ogunleye (Justice Kurya’s registrar) to prevail on Justice Kurya to discharge a court order.
Furthermore, Oyedepo stated that on December 15, 2014, Nwobike allegedly gave Ogunleye an envelope which contained cash to give the judge.
The EFCC had also stated that on March 4, 2014, Nwobike sent a text message to Ogunleye, saying “let Oga discharge that order.”
The anti-graft agency had further made the allegation that the instruction was acted upon with Ogunleye replying, “I ‘ve told oga the last time you called me that you are in Abuja sir, and he said there should be an information from you before he can do that sir. Just see him after court session sir, this is confidential sir, pls.”
The anti-graft agency stated before Justice Adebiyi that the convicted Nwobike exchanged text messages with some judges of the Federal High Court, Lagos.
According to the charge, Nwobike had on November 27, 2015 sent a text message, “FHC/L/CS/1799/15 between Godwin Nwekoyo and Inspector General of Police” to Justice Musa Kurya.
The charge further stated that on October 8, 2015, Nwobike had suggested in a text the assignment of suit no. FHC/L/CS/1533/2015 between Mieka Dive Ltd and 3 Ors Vs EFCC to Justice Kurya.
The Commission had argued before the judge that on September 23, 2015, Nwobike sent a text containing suit no. FHC/L/CS/1471 between Mr Simon Adohmene and the EFCC to Justice Yunusa.
The anti-graft agency insisted that Nwobike sent a text message to Justice Yunusa for the assignment to his court of Dr Olufemi Thomas Vs The EFCC with suit no. FHC/L/CS/1445/2015.
The charge further stated that on June 4, 2015, Nwobike suggested by text that suit no. FHC/L/CS/794/2015 between Transnational Corporation and Attorney General of the Federation be assigned to either Justices Yunusa or Saidu.
According to Oyedepo, “On February 12, 2015 Nwobike had suggested in a text message that Suit No. FHC/L/CS/127/2015 between AMCON and Delta Steel Company Ltd be assigned to either Justices Yunusa or Aneke.”
It was the contention of the EFCC, that Nwobike via a text message to one Mr Jide, a Federal High Court Assistant Registrar ordered that the case of Odefa Obasi Odefa and the Security Exchange Commission (SEC) with suit no. FHC/L/CS/13/2015 be assigned to either Justices Yunusa or Aneke.
The EFCC submitted, “On October 8, 2014, Nwobike allegedly sent a text to Mr Jide with these words “Combase Energy Ltd and Anor Vs UBA Plz and Ors. FHC/L/CS/1492/2014, Saidu thanks, sorry Kurya, he said he will start sitting next week, thanks.
“On September 22, 2014, the SAN allegedly sent to Mr Jide “Good afternoon sir, Wafa and Anor Vs Diamond Bank and two others, FHC/L/CS/1395/14, Kurya, Thanks so much.
“On June 30, 2014 Nwobike allegedly sent a text message to Mr Jide saying, “FHC/L/CS/1009/14, Lantern Olaoluwa and Federal Ministry of Power and Steel, Yunusa J, important Sir, please help me with this one, it had urgency, I will show tomorrow, goodnight my Lord.
“On March 13, 2014 Nwobike is alleged to have sent Mr Jide a text message stating “Suit No: FHC/L/CS/347/14 between Professor Emmanuel Adegbeyeni and six others and Mr Biodun Agbaje and 15 others to Yunusa.”
It was also the position of the Commission that on February 26, 2016, Nwobike made a statement to Mr Zakari Usman, an official of the EFCC.
Nwobike was said to have informed the EFCC investigator that, “The only judicial officer that I had assisted financially is Justice Yunusa of the Federal High Court, Ikoyi, Lagos.”
According to the anti-graft agency the offences contravenes Sections 39(2) 64(1) and 97(3) of the Criminal Law of Lagos State 2011.
