The Economic and Financial Crimes Commission (EFCC) yesterday re-arraigned dismissed former Judge of the Federal High Court, Justice Rita Ofili-Ajumogobia, before the Federal High Court Lagos, over allegations of money laundering.
Justice Ofili-Ajumogobia was re-arraigned before Justice Rilwan Aikawa alongside, Godwin Obla, who was absent in court, when she was first arraigned 18th of April.
They were docked on a 12-count charge of unlawful enrichment, illegal concealment, corruption, forgery and giving false information to an official of the EFCC.
The anti-graft agency had alleged that the two defendants allegedly conspired to indirectly conceal the sum of N5, 000,000.00 in the Diamond Bank account of Nigel Et Colive Ltd, which sum they reasonably ought to have known forms part of proceeds of unlawful act to wit: unlawful enrichment.
According to the EFCC the offence is contrary to sections 18 (a), 15 (2) (a) of the Money Laundering Prohibition Act, 2011 as amended and punishable under section 15 (3) of the same Act.
They both pleaded not guilty to the charge.
Recalls that Justice Ofili-Ajumogobia was rearrested on April 15, few minutes after a Lagos State High Court in Ikeja struck out the corruption charges earlier filed against her by the Commission.
The trial judge, Justice Hakeem Oshodi while ruling on a preliminary objection filed by the embattled former judge on Tuesday, struck out the 31-count charge on the grounds that the court lacked jurisdiction to hear the suit.
Justice Oshodi, who anchored his conclusion on the judicial precedent set by the Court of Appeal in the case of Justice Nganjiwa Vs FRN, held that the anti-graft agency had “jumped the gun” in filing the first amended charge.
The judge also held that the commission had not followed the procedures set by the National Judicial Council (NJC) in disciplining erring judicial officers.
The National Judicial Council (NJC) had on October, 3, 2018 recommended the dismissal of Justice Ofili-Ajumogobia to President Muhammadu Buhari who is yet to effect the recommendation.
Justice Aikawa granted the duo bail in the sum of N10million with one surety in like sum, who must have landed property In Lagos.
Also during the proceedings, counsel to Justice Ofili-Ajumogobia, Chief Robert Clark (SAN) informed the court of a pending motion filed on the 13th of May challenging the jurisdiction of the court to entertaining the charge against his client.
Clark also told the court that the substance of the charge have been decided by Justice Oshodi of the state high court.
According to him, the charge was struck out based on the Appeal Court decision in Njangiwa’s case where it was decided that no judicial officer could be tried unless NJC have sanctioned such judge.
But the EFCC counsel, Rotimi Oyedepo said that the position have since changed on the seventh of November, 2018 when President Muhammadu Buhari approved the recommendation of NJC that Justice Ajumogobia be dismissed.
Justice Aikawa adjourned the case to 23rd of May to hear arguments on the preliminary objection.
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