Alleged Money Laundering: Court Discharges Justice Ofili-Ajumogobia

Wale Igbintade

A Federal High Court, sitting in Lagos yesterday, discharged and acquitted, Justice Rita Ofili-Ajumogobia, from allegations of money laundering filed against her by the Economic and Financial Crimes Commission (EFCC).

Justice Lewis Allagoa discharged the embattled judge while granting an application to quash and dismiss the charges, filed and argued by her lawyer, Mr. Wale Akoni, SAN.

In urging the court to dismiss the money laundering charge, Akoni informed the court that the application was sequel to an order made by Justice Binta M. Nyako of Abuja Division of the Federal High Court, which he said quashed all the recommendations made by the National Judicial Council (NJC).

Akoni also told the court that by virtue of judgment of Justice Binta Nyako, delivered on November 28, 2019, in Suit No. FHC/ABJ/CS/638/2018, between Hon, Justice Rita Ngozi Ofili-Ajumogobia and National Judicial Council, there can be no valid charge against Justice Ofili-Ajumogobia.
He stated that Justice Nyako did not only quash the change, she also recommended that she should be reinstated as a judge of the Federal High Court.

Opposing the application, counsel to the EFCC, Mr. Rotimi Oyedepo, told the court that his Commission had responded to the application through a counter affidavit.

EFCC in its counter-affidavit deposed to by John Michael Idoko, attached to the Chairman’s Monitoring Unit, stated that he was informed by S. I. Suleiman that the applicant, Justice Ofili-Ajumogobia had filed an application dated March 23, 2021, praying the court to strike out or quash the charge against the applicant for being incompetent and lack of jurisdiction to try same by this honourable court.
The deponent stated that the court has the requisite power to hear and determine the allegation of money laundering levelled against the defendant.

He stated that by a petition dated December 28, 2017, to the National Judicial Council (NJC), the anti-graft agency accused Justice Ofili-Ajumogobia of various acts constituting misconduct under Code of Conduct of Judicial Officers

The deponent averred that on September 18, 2018, the NJC’s investigating Committee, upon the conclusion of the hearing of the petition submitted its report to the Chairman of the Council recommending appropriate sanction to be imposed on Justice Ofili-Ajumogobia by the Council. Adding that on November 7, 2018, the President and Commander-in-Chief of the Armed Forces exercised his constitutional power pursuant to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and dismissed the Applicant as a judge of the Federal High Court.

The deponent stated that upon the exercise of the aforementioned constitutional power, the President equally transmitted a letter to the National Judicial Council informing the Council of his decision. And that Justice Ofili-Ajumogobia has never been acquitted of the offences contained in the instant charge in any Court or tribunal of competent jurisdiction within and outside the shores of Nigeria.
He also stated that NJC’s findings and recommendations to the President and the President’s letter to the Council were all on the record before this honourable court.

He stated that his Commission has seen the applicant’s exhibit wherein His Lordship Honourable Justice B.M. Nyako on November 28, 2019 in Suit No, FHC/ABJ/CS/638/2018 between Hon, Justice Rita Ngozi Ofili Ajumogobia and National Judicial Council held thus: “consequent on the above finding, I hereby Set aside all that the Respondent (NJC) did in respect of this matter premised on the same issues as in the subject matter of the trial before the High Court Of Lagos State.”

Ruling on the arguments canvassed by the parties, Justice Allagoa held “I have looked at the application. I have also looked into the counter-affidavit of the prosecution, it does not controvert the application.

“I’m satisfied that the application has merit, the prayers sought for are hereby granted as prayed.”

Justice Ofili-Ajumogobia was first arraigned on April 18, 2019, before Justice Rilwan Aikawa, alongside, Godwin Obla SAN on a 18-count charge of unlawful enrichment, illegal concealment, corruption, forgery and giving false information to an official of the EFCC.

The anti-graft agency 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 they reasonably ought to have known forms part of proceeds of unlawful act to wit: unlawful enrichment.

They had both pleaded not guilty to the charge.