By Onyewuchi Ojinnaka
Justice Mohammed Rilwan Aikawa of a Federal High Court Lagos Nigeria will on Friday June 28, deliver ruling on a preliminary objection raised by Justice Rita Ofili-Ajumogobia challenging her trial over Money Laundering charges.
The date for ruling was fixed by the court after counsel for the defence and prosecution had adopted their various arguments before the court.
The Economic and Financial Crimes Commission (EFCC) charged Ofili-Ajumogobia and a Senior Advocate of Nigeria, Godwin Obla, on 18 counts bordering on Conspiracy, Unlawful Enrichment, retention of Crime Proceeds and Money Laundering.
They had pleaded not guilty to all counts of the charge and were admitted to bails in the sum of N10 million each with two sureties in like sum.
The defendants were first docked before an Ikeja division of the High Court of Lagos State which had struck out the charge on jurisdictional grounds.
Consequent upon striking out of the charge, EFCC preferred same charges against the defendants, before the Federal High Court.
At the last asjourned date on May 18, first defence counsel Chief Robert Clarke (SAN) informed the court of a preliminary objection challenging the jurisdiction of the court.
In the same vein, second defence counsel, Chief Ferdinard Orbih (SAN) had also drawn the court”s attention to pending motions before the court seeking to separate the charges in favour of second defendant.
When the case was called on Monday, Clarke adopted his arguments on the preliminary objection, arguing that Ajumogobia is still a serving Judge of the Federal High Court and has not been dismissed.
He argued that the prosecution had not tendered anything to show that there was a gazette in which the dismissal of the judge was communicated.
According to Clarke, what is before the court is exhibit EFCC 2, which is a document showing that effect has been giving to the recommendation for dismissal and not a gazette.
He submitted that the said exhibit was addressed to the Chief Justice of Nigeria and not to the Chairman of the Judicial Service Commission, adding that it is also marked restricted.
Citing the case of Governor of Ekiti State vs Ojo, as well as the provision of Section 103 of the Evidemce Act, he submitted that the document was a private one and not a gazette and therefore adked the court to so hold.
In like manner, the prosecutor, Mr Rotimi Oyedepo also adopted his processes before the court, urging it to discountenance the arguments of defence.
In a similar manner, second defence counsel, Chief Ifedayo Adedipe (SAN) also adopted his arguments on behalf of the second defendant, seeking to quash the charge.
He also sought an order , striking out counts one, two and three, for being an abuse of court process or in the alternative, an order, separating the charge against the defendants, so that the second defendant is tried seperately.
After listening to respective arguments, Justice Aikawa adjourned the case until June 28 for ruling.
EFCC alleged that the defendants conspired on May 21, 2014, to indirectly conceal different sums of money, in the Diamond Bank account of Nigel & Colive Ltd, a company alleged to be operated by Ajumogobia.
They were alleged to have conspired to retain in same account, the sum of N500 million, which they both reasonably ought to have known formed part of proceeds of unlawful acts of unlawful enrichment.
Specifically, Ajumogobia was alleged to have on different dates in 2014, retained sums of monies like: N5million, 150,000 dollars, 20,000 dollars, 30,000 dollars, 50,000 dollars, and 55,000 dollars in the Diamond bank account of Nigel and Colive.
The EFCC also accused Ajumogobia of indirectly concealing the sum of N12million in the same account, and making false statement to the EFCC that the money was payment for sale of a landed property.
The alleged offences contravene the provisions of Sections 15 (2) (a) and 18 (a) of the Money Laundering Prohibition Act.