Only Buhari Can Sack Me, Says Ofili-Ajumogobia

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Justice Rita Ofili-Ajumogobia, who was dismissed by the National Judicial Council (NJC), has said that only President Muhammadu Buhari can sack her.

Ofili-Ajumogobia, who told the Federal High Court in Lagos that she is still a judge of the court, said she remains a judge until President Buhari’s approval of her dismissal announced.

The Economic and Financial Crimes Commission arraigned Ofili-Ajumogobia on an 18-count charge. It alleged that she and Obla conspired on May 21, 2014, to indirectly conceal and retain N5 million in the Diamond Bank account of Nigel and Colive Limited.

Ofili-Ajumogobia was also accused of indirectly concealing N12 million in the same account, despite knowing that it was proceed of “unlawful enrichment”.

She is praying the court to decline jurisdiction to try her for money laundering because a serving judge cannot undergo trial until formally dismissed.

Arguing her preliminary objection, Ofili-Ajumogobia’s lawyer Robert Clarke (SAN) faulted a letter from the Presidency confirming that she had been dismissed.

The Economic and Financial Crimes Commission (EFCC), which arraigned Ofili-Ajumogobia, tendered the letter as proof that she is no longer a judge.

But Clarke contended that the letter was addressed to the Chief Justice of Nigeria (CJN) rather than to the Chairman of the Federal Judicial Service Commission (FJSC).

ALSO READ: EFCC Explains Why It Re-arrested Justice Ofili-Ajumogobia

Besides, he said the letter was marked “Restricted”, thus making it a private document.

“Having been marked by the maker as ‘Restricted’, it means the letter cannot be used by third parties for any purpose,” Clarke said.

The octogenarian SAN argued that the recommendation to dismiss Ofili-Ajumogobia was sent to the President by the FJSC.

He said there was no evidence that the FJSC had received the President’s response approving or rejecting the recommendation.

“The prosecution has failed to show that Justice Ofili-Ajumogobia is not a judge of the Federal High Court.

“Until that is resolved, your lordship’s hands are tied with regards to the Nganjiwa case,” Clarke said.

The lawyer referred to the Court of Appeal judgment in which it was held that a sitting judge cannot be tried.

Also, Ajumogobia’s co-accused, Godwin Obla (SAN), is praying the court to quash the charge or order that he be tried separately.

Arguing the application, his lawyer, Chief Ifedayo Adedipe (SAN), accused the EFCC of persecuting his client and abusing the judicial process.

EFCC first charged Ofili-Ajumogobia and Obla at the Lagos State High Court, but the case was struck out for lack of jurisdiction after 13 witnesses had been called.

The court relied on the Court of Appeal decision in striking out the case.

Obla had appealed the court’s decision not to rule on his no-case submission.

Adedipe said EFCC filed the fresh charge at the Federal High Court while the appeal was pending.

“It is improper for the prosecution to file two charges against the same person. No citizen should be the subject of prosecution on the same set of facts. They can elect to try someone on stealing or money laundering, not on both in different courts.

“The court should not allow a situation where the state will persecute its citizens,” he said.

But prosecuting counsel Rotimi Oyedepo said the charges were “different in form and in substance”.

According to him, while the Ikeja High Court case was based on the Criminal Law of State 2011, the Federal High Court case is based on the Money Laundering Act, an Act of the National Assembly.

“No law prohibits the prosecution from filing the instant charge. The pendency of the appeal does not affect the validity of the charge in that the offences alleged are not the same,” he said.

Oyedepo said even if the Lagos High Court had acquitted and discharged the defendants, the EFCC would still not be precluded from filing the money laundering charge.

 

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