The Supreme Court on Monday quashed the conviction and 30 days sentencing of a Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, charged with an attempt to pervert the course of justice.
In a unanimous decision, a five-member panel of the Supreme Court, headed by Justice Olukayode Ariwoola, faulted the earlier decisions of the High Court of Lagos State and the Court of Appeal, Lagos, and upheld Nwobike’s appeal.
It held among others that the High Court of Lagos was wrong in convicting Nwobike on the offence, while the Court of Appeal erred in upholding his conviction and sentencing on the offence of attempt to pervert the course of justice.
The apex court noted that Section 97(3) of the Criminal Law of Lagos State, under which he was charged, did not clearly define what constitutes a perversion of justice for which the appellant could be held liable.
It added that the Economic and Financial Crimes Commission (EFCC) lacks the power to investigate and prosecute the offence of perversion of justice.
The court further held that the alleged offence of perversion of the course of justice did fall within the contemplation of economic and financial crimes that affect the economic activities of the government, in respect of which the EFCC has the power to investigate and prosecute.
The lead judgment, in the appeal marked: SC/CR/161/2020, was prepared by Justice Tijani Abubakar, but delivered on Monday by Justice Helen Ogunwumiju.
Justice Ogunwumiju quoted Justice Abubakar as saying: “Having resolved that the EFCC does not have the power to prosecute the offences constituted in count seven to 17 of the amended charge, and that, in the light of the decision of the trial court that Section 97(3) of the Criminal Law of Lagos State (2011) does not define the manner of perversion of justice for which the appellant may be held culpable;
“It follows that the appellant cannot be tried and convicted on the aforesaid counts seven to 11, 13, 15 to 17 of the amended information and by necessary implication, therefore, the conviction of the appellant cannot be sustained.
“I find this point a convenient place to conclude the determination of this appeal.
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“On the whole, therefore, I find merit in this appeal and it is hereby allowed.
“The decision of the Court of Appeal delivered on the 19th day of December 2019 in appeal number: CA/L/8560/2018 is hereby set aside.
“The appellant’s conviction and sentence on counts seven to 11, count 13, counts 15 to 17 of the amended information are hereby set aside. The appellant is consequently discharged,” Justice Abubakar said.
He said since there was no appeal on the question of the constitutionality of Section 97(3) of the Criminal Law of Lagos State, the court could not pronounce on it.
The other two members of the panel are Justices John Okoro and Abdul Aboki.
The EFCC had arraigned Nwobike before Justice R. I. B. Adebiyi of the High Court of Lagos State in Ikeja on an 18-count amended charge in which he was accused of among others, paying money to judges and exchanging telephone messages with court officials to influence the assignment and hearing of his cases.
The high court on April 30, 2018, convicted Nwobike on 12 out of the 18 counts contained in the charge and sentenced him to 30 days imprisonment on each count to run concurrently.
On appeal, the Court of Appeal, Lagos in a judgment on December 19, 2019 upheld Nwobike’s appeal in part, and reversed his conviction on counts 3, 12 and 14, leaving counts 7, 8, 9, 10, 11, 13, 15, 16 and 17 in respect of which the Supreme Court pronounced on Monday.
EFCC’s in-house counsel, Mr Rotimi Oyedepo, prosecuted the case.
The Nation
