When Justice Dimgba was appointed a judge of the Federal High Court, many lawyers were happy because of his experience in private practice and intellectual background as a doctorate degree holder.
Regrettably, he decided to use his experience and knowledge to justify official corruption. Through his resort to technicality his lordship usually set free corrupt people charged before his court.
During the invasion of the official quarters of alleged corrupt judges on October 8, 2016, by officials of the State Security Service, Justice Dimgba narrowly escaped arrest. His house in Abuja was invaded by the DSS officers of the but he was not at home. Hence, he was not arrested. The DSS did not pursue the matter because of the fact that the National Judicial Council and the Nigerian Bar Association decided to shield the alleged corrupt judges from humiliation.
Notwithstanding the narrow escape from arrest for alleged involvement in corrupt practices, Justice Dimgba has turned his court to a freedom centre for corrupt public officers charged for looting the public treasury. At this juncture, it is necessary to review some of the cases where Justice Dimgba turned the law upside down in his desperate moves to acquit corrupt public officers in spite of the evident that indicted them.
FRN v Abdullahi Dikko
Alhaji Abdullahi Dikko, former Comptroller General of the Nigerian Customs Service was charged for N1.9 billion while he was being investigated for a total fraud of N40 billion. During the trial, the Defendant entered into a deal with the then Attorney-General of the Federation, Abubakar Malami (SAN) to returnan undisclosed sum of money.
Justice Nnamdi Dimgba dismissed the corruption charge due to the so-called non-prosecution agreement entered into between the Attorney-General of the Federation, Abubakar Malami (SAN), and the plaintiff was binding on EFCC.
FRN v Umar Dikko
The Economic and Financial Crimes Commission, EFCC, arraigned a former Chief of Air Staff, Air Marshal Mohammed Dikko Umar before Justice Nnamdi Dimgba of the Federal High Court in Abuja for money laundering and fraud of about N9.7 billion, while he was in office between 2010 and 2012.
One of the witnesses revealed that during Dikko’s tenure as Chief of Air Staff, he received N558, 200,000 on a monthly basis, which he converted into dollars. But in February 2021, Justice Nnamdi Dimgba quashed six out of the seven-count charge after the defendant filed a no-case submission. Even though the officer was freed, Justice Dimgba turned round to order him to refund N66 million to the account of the Federal Government.
The EFCC filed an appeal against the judgment. The Court of Appeal quashed the contradictory acquittal of Dikko and ordered his retrial before another judge of the Federal High Court.
FRN v Jide Omokore
A businessman, Jide Omokore and his firms, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concept Limited were charged by the Economic and Financial Crimes Commission (EFCC) for allegedly diverting about $1.6 billion.
Justice Dimgba convicted a former managing director of the Nigerian Petroleum Development Company (NPDC), Victor Briggs and ex-group executive, Exploration and Production of the Nigerian National Petroleum Corporation (NNPC), Abiye Membere for accepting gifts of Mercedes Benz and Range Rover cars from Omokore. But Justice Dimgba acquitted Onokore, who gave the cars to the duo.
FRN v Robert Aziboala
A cousin of former President Goodluck Jonathan, Robert Aziboala was charged with laundering $40 million by the Economic and Financial Crimes Commission (EFCC) at the Federal High Court.
Even though the case of money laundering was proved by the witnesses, Justice Nnamdi Dimgba discharged and acquitted Robert Azibaola on the ground that the prosecutor should have produced former National Security Adviser Sambo Dasuki as a witness. Mr Dasuki is in the custody of the State Security Service.
FRN v Abiodun Agbele
In 2016, the EFCC accused Agbele of indirectly accepting N1.219 billion cash from a former Minister of State for Defence, Musliu Obanikoro, on behalf of Fayose in June 2014 without going through a financial institution. The EFCC said the money was part of N4.7 billion allegedly transferred from the Office of the National Security Adviser in the Central Bank of Nigeria.
During the trial, a compliance officer with Zenith Bank, Clement Mgbolu told the Federal High Court sitting in Lagos how Mr Abiodun Agbele, an aide to the former governor of Ekiti State, Ayo Fayose collected the sum of N1.2bn from Musiliu Obanikoro at the Akure airport.
While being led in evidence by the prosecution counsel, Senior Advocate of Nigeria, Wahab Shittu, the witness told Justice Nnamdi Dimgba that after the money was flown to Akure via an aircraft, Fayose’s aide, Agbele was waiting with some Zenith Bank officials and a bullion van at the tarmac to take custody of the money.
The witness testified that after Agbele took custody of the funds, totalling about N1,219,000,000, the money was moved to a Zenith Bank branch in the state with the bullion van.
In spite of the unchallenged evidence of the prosecution witnesses, Justice Dimgba upheld a “No Case Submission” made by Abiodun Agbele against the charges filed against him by the Economic and Financial Crimes Commission. The “No Case Submission” is to the effect that Agbele, accused of laundering N1.219 billion, has no case to answer.
CONCLUSION
In a country where corrupt high court judges are rewarded with elevation to higher courts, Justice Nnamdi Dimgba has been promoted to the Court of Appeal. As Justice Dimgba takes his oath on July 10, Nigerians should expect that Justice Dimgba will allow the appeals and set free politically exposed persons convicted for corruption, money laundering and other economic crimes by the High Courts.
Michael Johnson