When the case was called on Tuesday at the Federal High Court, the Judge was nowhere to be found.
But in a swift defense of the Judge’s absence, his lawyer, Chief Robert Clarke (SAN), explained to the Court that the failure of the judge to appear for his arraignment, was due to his inability to get a flight from Bayelsa State, where he is based, to Lagos.
Clarke said, “With the greatest respect, I have to apologise for the absence of the defendant. He’s a sitting judge of the Federal High Court in Bayelsa. He phoned me yesterday that he could not get a flight from Bayelsa and asked me to profusely apologise to Your Lordship and to assure Your Lordship that on the next adjourned date he will appear.
“Today’s absence is not a deliberate act of the defendant.”
Clark also complained about the failure of the EFCC to attach the title ‘Justice’ to his client’s name on the charge sheet, saying he had already filed a notice of preliminary objection to challenge the charge and to urge the Court to dismiss it.
In response, the prosecutor expressed disappointment over Justice Nganjiwa’s absence, alleging that it was willful and an attempt to frustrate the expeditious trial of the case.
Oyedepo said, “We are extremely disappointed by the willful refusal of the defendant to appear before Your Lordship.
“On the 9th of June, the defendant was served with the charge, which he acknowledged. He was also duly informed of the proceedings before My Lord today. It is an act of disrespect for the defendant not to appear before this court.”
On the failure to attach the title ‘Justice’ to Nganjiwa’s name on the charge sheet, Oyedepo said, “The issue as to the status of the defendant is not an issue before My Lord.
“As a matter of fact, all animals are equal. The status of the defendant has nothing to do with his appearance before Your Lordship.
“His decision not to appear before Your Lordship is deliberate and is an attempt to frustrate the expeditious trial of this case.”
However, Clarke urged the judge to disregard Oyedepo’s claim that Justice Nganjiwa deliberately stayed away from the court on Tuesday, saying the prosecution had nothing to prove his claim.
Responding, Justice Akintoye said she would give the accused judge the benefit of the doubt.
Clarke, while arguing his client’s preliminary objection to the charges, contended that Justice Akintoye lacked the jurisdictions to entertain the case because, it is only the National Judicial Council (NJC) that has the power to deal with the kind of allegations brought against Justice Nganjiwa, who is a serving judge by virtue of Section 158 of the constitution.
But in opposition, Oyedepo argued that Justice Nganjiwa had no immunity from prosecution from criminal trial. He stressed that the power of the NJC was only administrative.
Oyedepo said, “We must be bold enough to concede that the NJC has administrative power in the appointment and administrative discipline of a judicial officer. But Section 158 of the Constitution did not clothe the applicant with immunity from criminal trial.
“While the act complained about can amount to misconduct that can weigh on the mind of the NJC in recommending the removal of the applicant from office, that same misconduct that has constituted an offence in Lagos State is still liable to be determined by this court.”
Justice Akintoye adjourned till June 23, for ruling. He ordered that Justice Nganjiwa must appear before her on that day.