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The Nationwide Judicial Council (NJC) has reinstated Rita Ofili-Ajumogobia, a decide of the Federal Excessive Court docket who underwent felony trial for years.
Mrs Ofili-Ajumogobia and Godwin Obla, a Senior Advocate of Nigeria (SAN), have been arraigned earlier than the Federal Excessive Court docket in Lagos in 2016 over allegations of cash laundering.
The Chief Decide of the Federal Excessive Court docket, John Tsoho, knowledgeable high administration employees members of Mrs Ofili-Ajumogobia’s reinstatement in a round dated 5 December.
Mr Tsoho stated within the round that the choice adopted the end result of a gathering held by the NJC reinstating the decide on 1 December.
The NJC had excluded the choice from the assertion detailing the outcomes of the 1 December assembly. It was not clear why the council tried to hide such an important determination from the general public.
“Your Lordships are by this Round letter notified that on the Assembly of the Nationwide Judicial Council held on the first of December, 2022, the Council reinstated the Hon. Justice R. N. Ofili-Ajumogobia as a Judicial Officer.
“The reinstatement takes on the spot impact and there shall be consequential posting,” the court docket’s Chief Decide’s round had learn.
Within the round seen by PREMIUM TIMES, Mr Tsoho copied the court docket’s Chief Registrar, the director of the library and the deputy director of finance and accounts.
A supply on the NJC who pleaded anonymity confirmed Mrs Ajumogobia’s reinstatement.
Background
In November 2016, the EFCC arraigned Mrs Ofili-Ajumogobia earlier than the Federal Excessive Court docket in Lagos on allegations of cash laundering.
In October 2018, the NJC sacked Ms Ofili-Ajumogobia for numerous acts of misconduct together with serving because the Director/Chief Govt Officer and sole signatory to an organization, Nigel and Colive Firm, opposite to the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.
The council famous in an announcement saying her dismissal on October 4, 2018, that a number of people, authorities officers and enterprise companions lodged funds into numerous accounts belonging to Mrs Ofili-Ajumogobia.
She was accused of getting a non-public communication with Mr Obla, whereas the latter’s case was pending earlier than her.
However in November 2021, Lewis Allagoa, a decide of the Federal Excessive Court docket in Lagos, discharged and acquitted, Justice Rita Ofili-Ajumogobia, from allegations of fraud filed towards her by the Financial and Monetary Crimes Fee (EFCC).
Mr Allagoa’s judgement was primarily based on an order by one other federal decide, Binta Nyako, which quashed NJC’s suggestions, sacking Mrs Ofili-Ajumogobia.
In November 2019, Mrs Nyako advisable Mrs Ofili-Ajumogobia’s reinstatement.
Equally, On 16 April 2019, a Lagos Excessive Court docket struck out EFCC’s go well with towards Mrs Ofili-Ajumogobia and Mr Obla.
Counting on the case of Justice Nganjiwa and the federal authorities, the decide, Hakeem Oshodi, held that he lacked jurisdiction to listen to the case.
Mr Oshodi stated the EFCC “jumped the gun” in submitting the primary amended cost towards Mrs Ofili-Ajumogobia and Mr Obla.
The decide famous that regardless of being conscious of the choice in Mr Nganjiwa’s case, concerning the correct channel to self-discipline erring judges, the EFCC nonetheless went forward with the trial by calling extra witnesses, with out first subjecting Mrs Ofili-Ajumogobia’s alleged misconduct to NJC’s inside disciplinary mechanism.
One other case of NJC’s flip-flop
Ms Ajumogobia’s case is the primary case of NJC’s flip-flop on disciplinary choices on judges.
In 2021, Mohammed Yunusa, one other decide of the Federal Excessive Court docket, who was prosecuted for over 4 years for allegedly taking bribes from legal professionals, obtained a clearance letter from the NJC, which had earlier despatched him on obligatory retirement for misconduct.
He used the NJC’s letter to safe the termination of his bribery trial on the Particular Offences Division of the Lagos State Excessive Court docket in Ikeja in January 2021.
The NJC had in 2016 advisable Mr Yunusa for obligatory retirement for misconduct.
It adopted a petition by the Civil Society Community Towards Corruption (CSNAC), accusing Mr Yunusa of arbitrarily restraining anti-corruption businesses from performing their statutory duties.
He was then positioned on suspension pending the approval of NJC’s suggestion for his obligatory retirement by President Muhammadu Buhari.
However for years, President Buhari didn’t attend to the advice, a growth that opened a window for Mr Yunusa to method the NJC to assessment his case.
A Senior Advocate of Nigeria (SAN) and professor of regulation, Yemi Akinseye-George, despatched a letter pleading for a assessment of the decide’s case to the NJC.
The NJC, at its assembly held in August 2020, arrange a three-man panel to assessment the case towards the decide.
The report of the assessment committee was thought-about and deliberated upon by the NJC at its 93rd assembly held on 17 December 2020.
The NJC accepted the findings and suggestions of the committee and determined to elevate his suspension from workplace, whereas it awaited the choice of the President on the advice.
Though, Mr Yunusa was charged by the EFCC with bribery, totally different from what the NJC had sanctioned him for, the decide, in January 2021 utilized to the trial court docket to dismiss the bribery case towards him on the grounds of the council’s clearance.
The Lagos court docket, on 25 January 2021, discharged Mr Yunusa of the bribery fees, citing the NJC’s December 23, 2020, letter which lifted the suspension slammed on him in July 2016.
The decide, Serifat Solebo, discharged Mr Yunusa, after overruling an objection raised by the lawyer prosecuting the case on behalf of the Financial and Monetary Crimes Fee (EFCC), Wahab Shittu.
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