The Economic and Financial Crimes Commission (EFCC) has tendered text messages allegedly sent by Joseph Nwobike, a Senior Advocate of Nigeria, (SAN), to influence cases for his clients.
The anti-graft agency had slammed an 11- count charge at the Ikeja High Court against Mr. Nwobike, over alleged attempts to pervert the course of justice and offering gratification to public officials.
The commission also accused the senior lawyer of offering bribes to some Federal High Court judges and the National Industrial Court, to compromise cases in favour of his clients.
According to the News Agency of Nigeria (NAN), Mr. Nwobike was alleged to have sent text messages to four registrars of the Federal High Courts to unduly influence the ruling of the courts.
The lawyer, however, denied all the charges and insisted he offered assistance to the judges and not gratification.
Mr. Nwobike, while being led in evidence by his counsel, Olawale Akoni, told the court he had known the judges while in the university and long before they were appointed to the courts.
But the prosecution presented a compact disc, marked Exhibit P21, which contained alleged text messages from the accused mobile phone, which was also presented at Exhibit P18.
Leading the cross-examination of the accused lawyer, counsel to the EFCC, Rotimi Oyedepo, said Mr. Nwobike sent text messages to Mr. Baruwa, a clerk of the Federal High Court, Lagos.
Mr. Oyedepo insisted that Mr. Nwobike was aware that Mr. Baruwa worked with a Deputy Registrar of the court, whose name was given as Jide.
In his response, Mr. Nwobike said, “I know Mr. Baruwa, he is a clerk of the Federal High Court. I do not know he works with Mr Jide, he told me that his office is directly opposite Mr. Jide’s office.
“I have had cause to send messages to Baruwa in the course of my duties just like any other legal practitioner.”
However, Mr. Oyedepo disagreed with the claim, insisting that Mr. Nwobike knew Mr. Baruwa shared an office with the Deputy Registrar.
In what appeared like a mild drama, counsel to the EFCC continued, “Would you be surprised if I tell you that Baruwa works directly with Mr. Jide in the Federal High Court and that his desk is opposite Mr. Jide’s desk.
“Baruwa informed you in a text that Jide is back in the office.”
The accused lawyer again denied reading the text message from Mr. Baruwa, a situation which led to Mr. Oyedepo, playing Mr. Nwobike’s text message on the television screen in the courtroom to prove he read the message.
The counsel to the EFCC also showed the court, text messages in which details of lawsuits were allegedly sent by Mr. Nwobike to Mr. Baruwa in a bid to assign the cases to specific judges.
“On page 3984 of Exhibit P21, there was a text from you to Mr. Jide in which you mentioned a case AMCON V Bizel Finance and Investment Ltd,” Mr. Oyedepo continued.
“At 12.59 p.m. on September 4, 2015, you forwarded the suit details of First Bank V O.P.I International Ltd, you mentioned that the suits should be assigned to Justice Buba.
“Upon instituting this suit, the EFCC appeared before Justice Yinusa and the matter was resolved by His Lordship; you also did not file any process for the execution of the order you bought from Hon. Justice Yinusa.
“On November 9, 2015, Felix Deckon your litigation officer forwarded a text message to Mr Jide which contained details of the charge preferred against your client by the EFFC.”
Responding, Mr. Nwobike said, “I will not agree with you that in a desperate bid to stop the EFCC, I filed the fundamental rights action.
The money in question was $2.2million and not $200million and my client was asking for the return of the $2.2million seized from his agent at the airport. I forwarded details of this suit to Mr. Jide for confirmation purposes.”
The anti-graft agency also accused Mr. Nwobike of undue interference in a case involving Beauty, the wife of the former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA).
The former DG of NIMASA and the wife are standing trial over alleged fraud.
Cross-examining the senior lawyer on the allegation, Mr. Oyedepo said, “On November 9, 2015, you received and read a message from Mr. Baruwa of the Federal High Court forwarding the details of a case between Beauty Akpobolokemi and the EFCC.
“The text informed you that the case has been assigned to Justice Rita Ofili-Ajumogobia and you filed a suit against the EFCC.
“You filed the suit against the EFCC in the middle of an EFCC investigation of Patrick Akpobolokemi.
“Prior to November 9, 2015, you forwarded a text to Mr. Jide where the name of Justice Rita Ofili-Ajumogobia was mentioned.
“At 8.50 a.m. on that day, you sent a text to Mr. Baruwa saying ‘Okay please take the file there now.’ At 5.32 p.m., you forwarded the particulars of the case to Jide and this matter was eventually assigned to Justice Ajumogobia,
“Before Beauty Akpobolokemi suit was filed, you sent some names to Mr. Baruwa to monitor in case the EFCC prefers some charges against them,” Oyedepo said.
“I don’t know when the case of Beauty Akpobolokemi versus the EFCC was assigned, it is not correct that I sent some names to Baruwa to monitor in case the EFCC files some charges,” Mr. Nwobike responded.
Again, the Mr. Oyedepo played to the message on the television screen in the courtroom from where he asked the following questions, “At 9.38 a.m. on November 5, 2015, you received and read a text from Mr Baruwa.
“The text reads, ‘good morning sir, no charges have been filed against those clients by the EFCC…’
“Your reply was ‘Thanks, I am grateful.’
“These instructions you gave to Mr Baruwa, were they for free, have you had cause to give him money through your juniors, money transferred to him in the exercise of his duties?”
To the question, Mr. Nwobike responded, “No I have not given him any money.”
Apparently, to prove the senior lawyer was not truthful, counsel to the EFCC asked if he knew anyone with the name Zainab Kilani, and he answered in the affirmative, saying she is a junior in his firm.
Mr. Oyedepo continued, “You received and read a text from Mr. Baruwa saying ‘Thank you sir, Kelani gave me your special package.’
“On June 3, 2015, at 10.10am, you received a text from Mr. Baruwa saying ‘Good morning Sir, I just got a golden handshake from Mr. Felix Sir.
“Exhibit D2 is a statement of account from your law chambers, on Jan. 17, 2011 you transferred N50,000 to Mr. Baruwa,” Mr. Oyedepo said.
The anti-graft agency also accused Mr. Nwobike of obtaining photocopies of EFCC charges that were not yet filed from court officials.
“Mr. Baruwa sent a text message acknowledging handing over the charges to Felix Deckon, your litigation officer.
“A charge that is not filed was given to you by your litigation officer without you applying for a certified true copy,” Mr. Oyedepo asked the accused.
“I did not apply for a certified true copy and I did not receive a photocopy of the charge and I only received the charge when it was served to my clients,” Mr. Nwobike said.
However, the presiding judge, Justice Raliatu Adebiyi, adjourned the case until July 12, for the continuation of trial.
