Accused Judge Loses Bid to Stall Trial over Corrupt Enrichment

Ladipo Sanusi/

Attempts by a federal high court judge to stall his ongoing prosecution over unlawful enrichment has failed.

Justice Hyeladzira Ajiya Nganjiwa of a Federal High Court, Bayelsa Division is standing trial for alleged unlawful acquisition of $260, 000 and N8.6 million.

A Federal High Court, Lagos presided over by Justice Adedayo Akintoye ruled that the application by Nganjiwa was unmeritorious.

Justice Nganjiwa is been prosecuted by the Economic and Financial Crimes Commission (EFCC).

At the resumed trial of the judge on Friday, his counsel, Chief Robert Clarke (SAN), moved a motion urging the court to stay proceedings in the trial pending the Court of Appeal’s determination of a suit challenging the high court’s jurisdiction to try the judge.

The application dated October 4, 2017, was brought pursuant to Sections 6(6) and 36 of the 1999 Constitution (As amended).

“Whatever powers this court possesses is subject to the Constitution. It is an application challenging Your Lordship’s jurisdiction,” Clarke said.

Clarke also told the court he was relying on the Constitution, statutes and case law, stating that the court was bound to refrain from further action on the case, particularly since the appeal was set in motion before the defendant took his not guilty plea.

Clarke said: “As of today, the Court of Appeal is fully seized of this matter. In those days when we were younger, if a lower court disregarded the judgment of a higher court it was called judicial rascality.”

He contended that the application was a Constitutional rather than a frivolous one and the issue involved was “a grey area of the law”.

He urge the court to thread on the side of caution and, in the interest of justice, grant his application.

But prosecution counsel, Mr Wahab Shittu, opposed the application, declaring it a time wasting ploy.

Shittu said: “We are strongly opposing this application based on statutory provisions, particularly Section 273 of the Administration of Criminal Justice Law (ACJL) of Lagos State, Section 306 of the Administration of Criminal Justice Act (ACJA) and Section 40 of the EFCC Act, all of which prohibit the grant of stay of prosecution.

“The application by the learned Silk is incompetent because the law does not allow it. The rationale for this is to forestall delay. Our courts frown at delay tactics by defence counsel. This application is an attempt to stall proceedings by counsel.

“I urge my lord to dismiss the application and order the prosecution to commence its case.”

In a bench ruling, Justice Akintoye upheld the prosecution’s argument.

Relying on the ACJA, ACJL and the EFCC Act, the judge held: “This court is not empowered to entertain any stay of proceedings or deferment of proceedings, however it may be described, in criminal matters.

“The judicial system has moved from delay tactics which may be brought to forestall the hearing of a case…as a result this matter will continue today as we await the outcome of the decision of the esteemed Court of Appeal.”

However, trial could not go on following Clarke’s request for time to study an application for proof of evidence served on the defendant on Thursday by the prosecution.

He said: “I’m seeing the processes for the first time in this court. I need time to go through them.”

Justice Akintoye’s offer to stand down the matter for 30 minutes, so the defence could examine the documents, was also not accepted by Clarke.

“30 minutes? My lord, I am 80 years old,” Clarke said.

Following consultation with the parties, the judge agreed to “give the defendant the benefit of the doubt”.

He consequently adjourned hearing till November 13.

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