By Onyewuchi Ojinnaka
A former judge of Federal High Court, Justice Rita Ofili-Ajumogobia and a Senior Advocate of Nigeria (SAN) Mr Godwin Obla who were rearraigned on Wednesday by the Economic and Financial Crimes Commission (EFCC) before a Federal High Court Lagos, Nigeria, on charges of money laundering, have raised a preliminary objection challenging their trial.
The duo were rearraigned before Justice Mohammed Rilwan Aikawa on a fresh 18-count charge bordering on money laundering.
Specifically, Justice Ofili-Ajumogobia was charged with unlawful enrichment, money laundering to the tune of $525,000 (USD) and N35million (all currencies equivalent to N224 million), false statement and criminal breach of trust.
The offences are contrary to Section 15(2) (a) of the Money Laundering Prohibition Act 2011 as amended and punishable under Section 15(3) of the same Act.
Obla was alleged to have procured Nigel and Colive Ltd to retain the sum of N5 million in its Diamond Bank account on behalf of Hon. Justice Rita Ofili-Ajumogobia, which sum he reasonably ought to have known forms part of proceeds of unlawful act to wit: unlawful enrichment and thereby committed an offence contrary to Sections 18(c), 15(2c) of the Money Laundering Prohibition Act 2011 as amended and punishable under Section 15(3) of same Act.
They pleaded not guilty to all the counts and in view of their plea, the prosecutor Mr Rotimi Oyedepo asked the court to set a date for trial.The defence counsel for Obla Mr Ferdinand Orbih (SAN) made oral bail application for his client.
He urged the court to grant bail to Obla in same terms as was given to Justice Ofili-Ajumogobia.
Mr Orbih told the court that the second defendant is a legal practitioner, a Senior Advocate of Nigeria and a member of International Bar Association, submitting that given his status, the court should grant him (Obla) bail on liberal terms.The prosecution did not object to the bail application.
Justice Aikawa granted the second defendant bail on same terms and conditions earlier granted the first defendant (Ajumogobia) as follows; N10 million with one surety in like sum.
The surety must be a director on Grade Level 16 in the Federal or Lagos State civil service with a verifiable means of income; the surety must also have a landed property in Lagos State.
In addition, he must deposit his International passport to Chief Registrar of the court.
Besides, the conditions must be met within 10 days from today.
The judge ordered that the second defendant be handed over to his counsel whithin the stipulated period.In his submission on the commencement of trial, the lead defence counsel Robert Clark (SAN) told the court that he has raised preliminary objection challenging the competence of the trial.
He argued that a court of competent jurisdiction presided by Justice Hakeem Oshodi of Ikeja High Court, Lagos had already decided on the suit which is similar to the instant suit. He contends that the trial cannot proceed.
In a quick response, the prosecutor Rotimi Oyedepo objected to the application by the defence, saying that it is misconstrued. He submitted that as at November 7, 2018, the first defendant ( Rita) was no longer a judicial officer based on the recommendation of the National Judicial Council (NJC) which Mr President has approved.
According to Oyedepo, there is a Certified True Copy (CTC) to that effect. He therefore urged the court to discountenance the objection raised by the defence and proceed with the trial.
In his further submission, Clark said that it is trite that in a criminal trial where an objection is raised, hearing of such objection takes precedence before the commencement of trial.
Justice Aikawa then adjourned the case till May 23 for hearing and determination of the application.
Justice Hakeem Oshodi of an Ikeja High Court, Lagos had struck out the suit earlier filed against Justice Ajumogobia on the ground that the prosecution jumped the gun by not allowing the National Judicial Council (NJC) play its constitutional role of investigating the charges brought against the judge as a judicial officer before charging her to court.
