Delivering a ruling, Justice Hakeem Oshodi,held that based on the judicial precedent set by the case of Justice Nganjiwa V. FRN, the High Court lacked jurisdiction to hear the suit as the EFCC “jumped the gun” in filing the first amended charge.
“We have not found a way in the judicial atmosphere to discipline or penalise an agency of government through fines or costs. The Court of Appeal judge had further stated that serving judicial officers can only be prosecuted for offence like murder, stealing etc done outside the discharge of their duties.
Mr Robert Clarke, SAN, the defence counsel to Ofili-Ajumogobia in an application dated Nov. 27, 2018, had said the court lacked jurisdiction to hear the case, and had urged the court to discharge and acquit his client. “The order of discharge for the first defendant cannot hold. The court cannot also serve a charge as proposed by the counsel to the second defendant.Previously, on Sep. 14, 2018, the EFCC had closed its case against the embattled former judge.
Source: Law Daily Report (lawdailyreport.net)
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