A Federal High Court judge, Justice Rita Ofili-Ajumogobia, who is facing charges of alleged corrupt enrichment, has challenged the jurisdiction of the Lagos State High Court to try her for the offence.
The Economic and Financial Crimes Commission (EFCC) is trying Justice Ofili-Ajumogobia and a senior advocate, Mr. Godwin Obla, on a 30-count charge of alleged unlawful enrichment of personal account and perverting the course of Justice before Justice Hakeem Oshodi at an Ikeja High Court.
Ofili-Ajumogobia, through her lawyers, Mr. Olawole Akoni (SAN) and Robert Clark (SAN), filed an application dated April 5, 2017, challenging the jurisdiction of the court over her case.
At the resumption of proceedings yesterday, Clark told the court they had two pending applications before the court.
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He reminded the court of an earlier application during the last proceeding, saying they were yet to receive a response from the court on it.
EFCC’s counsel Mr. Idris A. Mohammed told the court the prosecution was served with three applications by the first defendant dated March 7 and 29 and April 5, 2017.
“My Lord, the application dated April 5, however, is a motion challenging the jurisdiction of this honorable court,” he said.
Justice Oshodi immediately berated and asked if such act is possible under the new law.
“You people just shot yourselves at the foot because this application should have been taken first and it is obviously not ripe for hearing.
“For that same reason, every other application must wait for this particular one to be taken; because if I don’t have jurisdiction, how can the case continue?” he asked.
However, Obla’s lawyer, Ifedayo Adedipe (SAN), differed on the matter as he urged the court not to adjourn the matter but to allow the proceedings to continue for the sake of the second defendant.
A
dedipe said: “Even though this matter is a joint trial, it is the argument of the first defendant that is before your Lordship and not of the second defendant”.
Clark, thereafter, joined pleas with the second defence counsel for a continuation of the proceedings.
But the judge asked the counsel for a convenient date to adjourn the matter.
Clark said: “If my motion will delay the first defendant’s matter, I will, therefore, withdraw my motion temporarily to allow the defendant take his motion.”
The judge, however, overruled his submission.
“This is not a game of chess and this court would not permit such. This is a law court and not where people play by assumptions or chance,” the judge said.
Justice Oshodi adjourned the matter till April 28 as previously fixed for hearing of the pending application.
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