By Onyewuchi Ojinnaka
Senior Correspondent
A Lagos High Court sitting at Ikeja on Monday April 30 sentenced a Senior Advocate of Nigeria (SAN) Dr Joseph Nwobike to one month imprisonment over attempt to pervert the cause of justice.
The trial judge, Justice Raliat I.B Adebiyi, found him guilty on 12 out of 17 count charge brought against him by the Economic and Financial Crimes Commission (EFCC).
The Commission had in its charge, alleged that Nwobike offered N750,000 and N300,000 gratifications to Justices Mohammed Yunusa and Hyeladzira Nganjiwa of the
Federal High Court respectively.
In a 17-count amended charge, the anti-graft agency had claimed that Nwobike offered the two judges money to allegedly pervert the cause of justice. He was also alleged to have made false statement to the EFCC in the course of their investigation.
Delivering judgement on the matter, Justice Adebiyi found Nwobike guilty on twelve counts out of the 17 count charge brought against him and sentenced him to 30 days imprisonment.
Reading the judgement, the judge held that Nwobike deliberately attempted to pervert the
cause of justice by sending text messages to a judicial official with a request to influence the assignment of some cases to Justice Yunusa.
The trial judge noted that Nwobike’s conviction should send a signal to other like-minds about the seriousness of the government’s fight against corruption.
She however noted that Nwobike was obviously motivated by the zeal for success and the will to succeed at all cost.
While considering the plea for leniency by Nwobike’s counsel, Wale Akoni (SAN), Justice Adebiyi posited that Nwobike being a senior advocate, has brought shame to the legal profession.
She however stated that in sentencing the defendant, the court considered among other things, that he has no previous criminal record, his comportment in court and other factors in reducing the two years jail term prescribed by law to 30 days in prison.
The EFCC had alleged that Nwobike at several occasions sent text messages to one Jide, a Federal High Court official with a request to ensure that certain cases he filed be assigned to a particular judge.
On this allegation, Justice Adebiyi held that although there was no concrete evidence by the EFCC to prove the more serious offence of perversion of justice, but she held the fact that “6 out of the 10 cases which Nwobike requested to be assigned, were successfully assigned to the judge he wanted,which showed a deliberate attempt to pervert the cause of justice.”
“It is curious that 6 out of the 10 cases filed were assigned as suggested by the defendant to Jide in spite of the fact that he is not an assigning authority. In proving the ingredient of attempt to pervert justice, act must be immediately connected to an attempt.
“From the evidence before me, it is clear that the defendant attempted to pervert the cause of justice. He is accordingly convicted ,” she held.
On the allegation of offering gratification to Justice Mohammed Yunusa and other judges with the aim of influencing the outcome of his cases, Justice Adebiyi held that EFCC failed to prove that the N750,000 given to Justice Yunusa actually influenced any case before the judge.
She further held that the Commission failed to prove the allegation that the defendant gave false information to its official during the course of their investigation.