The Economic and Financial Crimes Commission on Tuesday arrested a former judge of the Federal High Court, Justice Rita Ofili-Ajumogobia, in the premises of a Lagos State High Court in Ikeja after charges against her were struck out by the court.
She was taken away in a white Toyota Hilux.
Ofili-Ajumogobi had been in court where judgment was delivered in the 30 counts charges bordering on corruption and abuse of office preferred against her and a Senior Advocate of Nigeria, Godwin Obla by the EFCC.
Delivering the judgment, Justice Hakeem Oshodi said that based on the Court of Appeal decision in Justice Nganjiwa vs FRN, the high court lacked jurisdiction to hear the suit as the EFCC did not follow due procedure in filing the first amended charge.
“As of Monday, December 11, 2017, the EFCC was aware of the decision reached by the Court of Appeal in Nganjiwa vs FRN. The amended information has yet to be filed and the 12th prosecution witness was still giving evidence.
“We have not found a way in the judicial atmosphere to discipline or penalise an agency of government through fines or costs.
“The court has no jurisdiction to hear the first amended charge of February 21, 2018, of 31 counts. This suit is hereby struck out.”
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As the former judge, who had a cast on one leg, tried to leave the courtroom after the judgment, she sighted officials of the EFCC and returned to the courtroom to seek protection from the court, but Justice Oshodi held that he could do nothing to stop her arrest.
While justice Ofili-Ajumogobi was arrested, Obla was allowed to leave the premises of the court.
The duo were initially arrested by the EFCC in 2016 and charged to court. They however pleaded not guilty to the charges.
Meanwhile, the EFCC said it rearrested Ofili-Ajumogobia to enable it to prefer fresh criminal charges against her.
According to the acting spokesman for the commission,Tony Orilade, the latest development was in line with the decision of the Appeal Court, Lagos Division, in a case involving Justice Hyeladzira Nganjiwa, which ruled that a judge could not be prosecuted until they had either been dismissed or compulsorily retired by the National Judicial Council.
“Consequent upon the fact that the commission had presented Ofili-Ajumogobia before the NJC for disciplinary action and that the NJC had taken a position, the commission would now approach the court to prefer fresh charges against her,” he said in a short statement.
