By Kenneth Atavti
A Senior Advocate of Nigeria (SAN) Godwin Obla has filed an application before Justice Rilwan Aikawa of the Federal High Court in Lagos seeking to be tried separately in the charge filed against him and Justice Rita Ofili-Ajumogobia.
The Economic and Financial Crimes Commission (EFCC) charged both for money laundering, to which they pleaded not guilty.
Obla was a former EFCC prosecutor for several years; he represented the commission in several asset recovery proceedings and is presently suing EFCC over non-payment for services rendered.
The SAN is praying the court to quash the charge numbered FHC/139C/19 for being an abuse of court process.
Alternatively, he is praying the court to separate trial, contending that only counts 1, 2 and 3 of the 18-count charge affect him.
Obla’s counsel Chief Ferdinand Orbih (SAN) urged the court to hear his client’s application before proceeding with the trial.
He argued that the application was not challenging the charge’s validity, and therefore does ot fall within the contemplation of Section 396 of the Administration of Criminal Justice Act (ACJA).
The section provides that a ruling on an application challenging the validity of a charge shall be at the end of trial.
“The application is not a challenge to the validity of the charge, but a challenge to the use the charge is being put, hence our contention that it is an abuse.
“The second defendant (Obla) has put in materials to show that the matter is on appeal. It is an issue that should be determined first.
“This application is peculiar. We’re saying that the use of the process of court is abusive and oppressive having regard to the appeal.
“The second defendant is also asking for a separate trial, which cannot be determined at the end of trial. We urge the court to grant the adjournment so that issues can be properly joined,” he said.
Obla’s application is premised on the fact that an appeal is currently pending at the Court of Appeal, Lagos Division on the outcome of a previous trial at the Lagos State High Court.
According to him, it is respect of the same subject matter as the charge now before the Federal High Court.
In a Motion on Notice filed by Obla’s other counsel Chief Ifedayo Adedipe (SAN), he urged the court to quash the charge or in the alternative split the charge by permitting his separate trial on counts 1, 2 and 3.
The application is on the ground that there is a pending notice of appeal dated and filed on April 16 against the Lagos High Court decision.
The notice of appeal, according to Adedipe, was served on the EFCC on the same day, but the commission filed the charge on April 17.
Adedipe submitted that continuing with Obla’s trial during the pendency of his appeal would be an abuse of court process.
“Counts 1, 2 and 3 of the charge before the court are in respect of the exact same subject-matter of counts 1, 2, 3 and 4 of the amended information filed at the Lagos State High Court in charge no: ID/3671c/16 and form the substance of the subject matter of the second defendant/applicant’s pending appeal in appeal no: CA/LAG/CR/517/2019,” he said.
Adedipe argued that continuing with Obla’s trial at the Federal High Court on the same-subject matter as his pending appeal is calculated to overreach him in the prosecution of his appeal and to render its outcome worthless.
EFCC had previously tried Justice Ofili-Ajumogobia and Obla before Justice Hakeem Oshodi of the Lagos State High Court, Ikeja, on a 31-count amended information dated February 21, 2018.
The prosecution had initially arraigned the defendants on 30-count information filed on November 17, 2016.
During the trial, EFCC called 14 witnesses and eventually closed its case on September 14, 2018.
Obla filed a no-case submission on the same date seeking an order of acquittal on the ground that the prosecution did not provide sufficient case to warrant a defence.
Justice Ofili-Ajumogobia challenged the court’s jurisdiction on the ground that, being a judicial officer and by virtue of the judgment of the Court of Appeal in the case of Nganjiwa V FRN (delivered on December 11, 2017), the charge against her could not have been filed until after disciplinary action had been taken against her by the National Judicial Council (NJC).
EFCC’s Counsel, Rotimi Oyedepo agreed that the court lacked jurisdiction to entertain the charge.
“In urging your Lordship to strike out the charge, we concede…in view of the fact that the decision in Nganjiwa’s case is still the law,” he said.
On April 16, Justice Oshodi struck out the 31-count charge on the grounds that the court lacked jurisdiction to hear the suit.
The judge ruled that based on the judicial precedent set by the case of Justice Nganjiwa Vs FRN, the EFCC had “jumped the gun” in filing the first amended charge.
Justice Oshodi noted that the anti-graft commission had not followed NJC procedures in disciplining erring judicial officers.
The judge added: “One would have thought that the prosecution would have urged the court to strike out the case as a consequence of the decision of the Court of Appeal. But no! The prosecution still persisted, like a bull running amok, amended the Information and called two further witnesses.
“It ought to be pointed out for record purpose that a counsel is a minister in the temple of justice and as an officer of the court, a counsel has a duty to assist the court rather than mislead it.”
Meanwhile, Obla sued the EFCC before the Justice V.B. Ashi of the High Court of the FCT.
He is praying for outstanding professional fees owed to him by the commission over the period of five years to the tune of N685,389,928.10.
The SAN contended that for the five years he was prosecuting for the EFCC, he consistently moved from one courtroom to the other prosecuting corruption-related cases for the EFCC and obtaining the forfeiture of cash and assets running into several billions of Naira.
Obla claims that EFCC has not only refused to pay his professional fees and settle his expenses for the over 40 cases he successfully handled for the commission.
He claimed that as soon as a new leadership was appointed to head the anti-graft agency, the table turned and he became the hunted.
According to him, he was severally invited over his perceived role in the Halliburton case, for which he was appointed by the former Attorney General Federation and Minister of Justice, Mohammed Bello Adoke (SAN).
He said he was part of a legal team that negotiated the plea bargain agreements with the companies involved in the scandal, which culminated in the recovery of the sum of $200 million for the Federal Government.
