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Justice Nganjiwa Fails To Show Up For Arraignment On False Enrichment Charge

According to the EFCC, the judge has unlawfully enriched himself with the sum of $260,000 and N8,550,000 and owns assets that would not be affordable on a judge’s salary.

Justice Hyeladzira Ajiya Nganjiwa, a sitting judge of the Federal High Court in Bayelsa State, failed to appear before the Lagos State High Court in Igbosere on Tuesday for his arraignment on a 14-count charge of unlawful enrichment.

The Economic and Financial Crimes Commission (EFCC) informed the court that the commission served Mr. Nganjiwa with the charge on June 9.

According to the EFCC, the judge has unlawfully enriched himself with the sum of $260,000 and N8,550,000 and owns assets that would not be affordable on a judge’s salary.

Unlawful enrichment, according to the court document, contravenes the provision of section 82 (a) of the criminal law of Lagos State, No. 11, 2011.

One of the charges claimed that the judge enriched himself with $144,000.00 through his account no 328/446/78/2/1/0 domiciled in Guaranty Trust Bank Plc.

Count 14 alleged that Mr. Nganjiwa gave false information to Orji Chukwuma, an EFCC officer, while giving his statement.

The offense contravenes the provision of section 39 (2) (a) of the Economic and Financial Crimes Commission (Establishment) Act, 2014.

Defending the indicted judge, Robert Clark (SAN) informed the court that his client would have been present but could not secure a flight to Lagos from Bayelsa State.

He apologized and promised that his client would be present at the next adjourned date.

"I apologize for the defendant, who is a sitting judge of a Federal High court, and I assure your lordship that by the next adjourned date he will be present. The situation was beyond him," Mr. Clark said.

The counsel to the anti-graft agency, Rotimi Oyedepo, however, argued that the judge’s absence was an affront to the court.

"On the 9th of June, the defendant was served with the charge, which he duly acknowledged, and was informed of the proceeding before my lord today. It is a sign of disrespect for the defendant not to appear,” Mr. Oyedepo said.

The defense counsel then raised a preliminary objection against the charge preferred against his client. He told the court that the real identity of his client, being a sitting judge, was intentionally omitted from the charge.

He then urged the court to order that the charge be amended to reflect the true identity of his client.

"I am saying the reason my learned friend did not reveal the true person of my client is deliberate. We must emphasize that an amendment be made to show the real identity of the accused person," Mr. Clark told the court.

He went further to submit that the court does not have jurisdiction to hear the case of a sitting judge. Only the National Judicial Council (NJC), he said, has the power to hear and prosecute judicial officers.

Mr. Oyedepo, however, submitted that the court has jurisdiction to hear and handle all matters.

"The power vested in your lordship is called judicial power, not administrative power such as the NJC. The court has power to determine the rights of all persons," the prosecuting counsel argued.

He therefore urged the court to dismiss the defendant’s application, saying that the defendant cannot enjoy immunity from criminal prosecution.

Having listened to the arguments of both parties, the matter was adjourned to June 23 for ruling and arraignment.

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Federal High Court of Nigeria

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Corruption Legal