UPDATE: Why Court relaxed bail conditions for allegedly corrupt Ajumogobia

Posted on December 9, 2016 by Staff Reporter

The failure of the Economic and Financial Crimes Commission to challenge the applications for bail variation filed by Rita Ofili-Ajumogobia and Godwin Obla was a major reason a Lagos court relaxed their bail conditions, Judge Hakeem Oshodi said on Thursday.

Reading a ruling he prepared after adjourning the morning proceedings till 2 p.m., Mr. Oshodi noted that Section 123 of the Administration of Criminal Justice Law, 2011, empowers the court to vary bail conditions imposed on defendants at subsequent hearings.

“The prosecution did not oppose the submissions filed by the defendants,” said the judge.

“We must not forget that where facts and applications remain unchallenged or uncontroverted, the court is bound to accept those facts as the truth.”

The defendants, Mrs. Ofili-Ajumogobia, a serving federal judge, and Godwin Obla, a Senior Advocate of Nigeria, are facing a joint 30-count charge of fraud and money laundering brought by the EFCC.

Mr. Obla was a prosecutor for the EFCC.

The duo were jointly charged with a two-count charge of perverting the course of justice by the anti-graft agency.

Mr. Obla was charged with an additional two counts of offering gratification in the sum of N5 million to Mrs. Ofili-Ajumogobia, a public official during her service as a judge.

Mrs. Ofili-Ajumogobia faces a 26-count charge of unlawful enrichment, taking property by a public officer, corruption by a public officer, forgery and giving false information to an official of the EFCC.

They pleaded not guilty to all the charges.

On November 28, Mr. Oshodi granted the defendants bail on own recognisance, but added that they should deposit N20 million each and their passport to the chief registrar of the court pending conclusion of trial.

But on Thursday, the defendants brought an application for variation of the bail, saying that the conditions were “too extreme.”

Mrs. Ofili-Ajumogobia said the EFCC had placed a ‘post no-debit/freezing order’ on all her bank accounts and, in any case, N20 million was “excessive and unaffordable” for her.

She also said the EFCC had collected her travel passport during the course of their investigation of the charges filed against her.

“Bail granted on excessive conditions amounts to a denial of bail,” Mrs. Ofili-Ajumogobia said.

In his application, Mr. Obla noted that the cumulative monetary value of the offences charged against him was N5 million.

“N20 million is burdensome , the second defendant has made frantic efforts to comply with the conditions of the bail but had found it impossible,” he said.

In his ruling, Mr. Oshodi replaced the N20 million condition with a bail bond of the same sum to be perfected within seven days.

“As at the time of writing this ruling, the court has in its custody the international passports of the defendants,” the judge said.

He also ordered the defendants to depose an affidavit of means in support of the bail bond.

The case was adjourned till January 9, 2017, for continuation of trial.

$793,800 bribe: EFCC grills Justice Ajumogobia’s children.

Posted on December 8, 2016 by Staff Reporter

The Economic and Financial Crimes Commission on Wednesday grilled the children of Justice Rita Ofili-Ajumogobia at the Lagos office of the commission for several hours.

Impeccable sources within the EFCC told The PUNCH that the judge’s children were grilled as part of the investigations into the allegations that their mother received a total of $793,800 in several tranches from different sources unlawfully between 2012 and 2015.

Ofili-Ajumogobia was alleged to have collected bribes through a company account in Diamond Bank, Nigel & Colive Ltd, which she owns jointly with her children.

It was through the said account that a Senior Advocate of Nigeria, Mr. Godwin Obla, allegedly paid a N5m bribe to the judge.

It was learnt that the EFCC had invited the judge’s children since last week but they refused to honour the invitation.

Operatives were said to have stormedOfili- Ajumogobia’s home located on 18 Lai Ajayi-Bembe Street, Parkview, Ikoyi with a search warrant on Wednesday.

However, on getting to the home, the children were said not to be in the house but the judge’s brother-in-law, Mr. Odein Ajumogobia (SAN), who is a former Minister of State for Petroleum Resources and a former Minister of Foreign Affairs, went to speak with the detectives.

He was said to have promised to ensure that the children were brought to the EFCC office in the afternoon.

A detective said, “About a week ago, we gave an invitation letter to Justice Ofili-Ajumogobia and asked her to give it to her two children. However, they never honoured the invitation. So, today (Wednesday), we went to the house with a search warrant but they refused to open the door. A former Minister, Odein Ajumogobia, who happens to be the judge’s brother-in-law, promised us that he would bring the children around 3pm, so we left.

“We invited her children because their names featured in our investigation. So, we invited them to hear their own side of the story. The minister honoured his promise because the children were brought to our officer around 3pm.”

It was learnt that the children were still being grilled as of press time.

The EFCC had on November 28, arraigned Justice Ofili-Ajumogobia and Mr. Godwin Obla on 30 charges bordering on bribery, corruption and money laundering.

The EFCC, in the charges, alleged that Obla, while appearing in a suit numbered FHC/L/C/482c/2010 before Justice Ofili-Ajumogobia, offered a gratification of N5m to the judge to allegedly induce the judge to refrain from acting in the exercise of her official duties as a public officer.

Obla, the EFCC claimed, paid the money from the account of his company, Obla & Company Limited, with United Bank for Africa, to Justice Ofili-Ajumogobia through the bank account of Nigel & Colive Ltd in Diamond Bank Plc.

The EFCC claimed that the judge and the SAN acted contrary to sections 64 (1) and 97 (1) of the Criminal Law of Lagos State, No. 11, 2011.

But they both pleaded not guilty to the offence.

The judge was accused of receiving a total of $793,800 in several tranches from different sources between 2012 and 2015 “so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.”

The EFCC told Justice Oshodi that Justice Ofili-Ajumogobia violated Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011.

The judge was further accused of forging a deed of assignment between County City Bricks Development Co. Ltd and Nigel & Colive Ltd dated July 5, 2010, which the EFCC claimed was purportedly prepared and signed by Charles Musa & Co.

The offence was said to be contrary to Section 467 of the Criminal Code, Cap C17, Law of Lagos State of Nigeria 2003.

Be professional in your actions, Judge blasts EFCC.

Posted on November 29, 2016 by Staff Reporter

A Federal High Court in Lagos on Tuesday cautioned the Economic and Financial Crimes Commission, EFCC, on the manner in which it carried out its probe of Justice Rita Ofili-Ajumogobia.

Delivering judgement in a N50 million fundamental rights suit filed by Mrs. Ofili-Ajumogobia against the EFCC, the trial judge, Muslim Hassan, urged the EFCC to be professional in the discharge of its duties.

It will be recalled that Mrs. Ofili-Ajumogobia, in the fundamental rights enforcement suit, is seeking among other things, an order of the court declaring her continued detention by the EFCC as illegal.

While noting that the EFCC was vested with powers to arrest and detain any citizen suspected to have committed an offence, Mr. Hassan said that such powers must be exercised with caution.

The judge questioned the rationale behind the revocation of the administrative bail granted to Mrs. Ofili-Ajumogobia by the EFCC on October 22, when she did not pose a flight risk.

He said: “The respondent should have exercised restraints in revoking the bail earlier granted the applicant; there was no evidence that the applicant is a flight risk.

“The respondent is hereby counselled to be professional and to always exercise caution and restraints in the exercise of its powers.”

Mr. Hassan, however, disagreed with Ofili-Ajumogobia that the remand order obtained by the EFCC from a magistrates’ court on November 10 was unlawful, illegal and a violation of her fundamental human rights.

According to Mr. Hassan, the remand order was issued by the Magistrates’ Court pursuant to Section 264(1) of the Administration of Criminal Justice Law of Lagos State, 2011.

The judge also refused to make any order as to the applicant’s request for bail from the EFCC’s custody, following her arraignment on November 28 before Justice Hakeem Oshodi of an Ikeja High Court.

“The issue of the applicant’s bail from EFCC’s custody has already been overtaken by the event of her arraignment at the Lagos High Court and her subsequent release on bail by the court.

“The applicant’s lawyer is also at liberty to challenge the continued detention of the applicant by the respondent after the expiration of the magistrate court’s remand order.

“However, in the light of the recent event in this matter, this suit is hereby struck out,’’ the judge held.

The EFCC had on November 28 arraigned Mrs. Ofili-Ajumogobia and a Senior Advocate of Nigeria, Godwin Obla, on a 30-count corruption charges before an Ikeja High Court.

They had, however, pleaded not guilty to the charges and had since been granted bail on self recognition by the court.

Federal Court Rejects Justice Ofili-Ajumogobia’s Motion Seeking Release From Custody

Posted on November 22, 2016 by Staff Reporter

Justice Muslim Hassan of the Federal High Court in Ikoyi, Lagos, today rejected an ex-parte motion filed by Justice Rita Ofili-Ajumogobia seeking her release from the custody of the Economic and Financial Crimes Commission (EFCC).

Moyosore Onigbanjo appeared for the judge to argue the motion seeking immediate release of Justice Ofili-Ajumogobia.

The senior lawyer said that the detention of the judge in EFCC custody for more than 24 hours violates her fundamental rights, and that the anti-graft agency ought to have charged her to court if it has any charge against her.

“There is no need, under the law, to continue to keep her in detention except to humiliate her; because the offence is a bailable one,” he argued.

He urged the court to order the EFCC to either charge his client to court or release her, noting that Mrs. Ofili-Ajumogobia is ready to defend herself if or when charged to court.

“The EFCC has the option to charge her to court, but it has not done so. She has also stated that she is ready to defend herself vigorously against any charge that may be slammed on her,” he said.

Justice Hassan, after hearing the defense counsel, declined the application and ordered him to serve EFCC the motion on notice, saying the fair thing to do.

He further stated that the prayers being sought by Mrs. Ofili-Ajumogobia cannot be heard by motion ex parte, and adjourned the hearing to November 28.

The commission had filed a 30-count charge against the judge and Godwin Obla, a Senior Advocate of Nigeria, at the Lagos State High Court in Ikeja.

Justice Ofili-Ajumogobia is one of the judges recently arrested by the Department of Security Service (DSS), and has been under interrogation by the EFCC for allegedly collecting bribes.

The EFCC alleges that she received the sum of N5m as gratification from Mr. Obla, who is also being detained by the agency.

Mr. Obla has also filed a fundamental human rights suit against the EFCC.

EFCC Files 30 Charges Against Justice Ajumogobia, Godwin Obla (SAN)

Posted on November 21, 2016 by Staff Reporter

The Economic and Financial Crimes Commission has filed 30 charges against a Federal High Court judge, Justice Rita Ofili-Ajumogobia; and a Senior Advocate of Nigeria, Mr. Godwin Obla.

The EFCC said about $793,800 passed through the judge’s domiciliary accounts between 2012 and 2015. The judge allegedly used the money to buy a house in London.

The two accounts, Access Bank (0002649223) and Diamond Bank (0032091183) have since been frozen by the EFCC.

The commission is expected to arraign the two suspects before a Lagos State High Court this week.

Five of the charges are centred on an alleged N5m bribe given to the judge by the senior advocate while the remaining 25 charges are on the huge amounts that passed through the accounts of Ofili-Ajumogobia and her alleged inability to explain her source of wealth.

The other charges filed against the judge border on forgery, lying, unlawful enrichment and other related offences.

Ofili-Ajumogobia and Obla have been in the custody of the EFCC for about 10 days following revelations that the senior advocate paid N5m into her account in 2015 at a time she was presiding over one of his cases.

While Ofili-Ajumogobia claimed the money was a deposit for a N40m property she sold to Obla, the senior advocate said the money was a payment for building materials.

Obla also insisted that he did not know that the account belonged to the judge.

Some of the charges read in part, “That you, Hon. Justice Ngozi Ofili-Ajumogobia, and Godwin Obla (SAN), on or about May 21, 2015, in Lagos, within the jurisdiction of this honourable court, conspired with each other to pervert the course of justice in charge number FHC/L/C/482C/10 with the sum of N5,000,000.

“That you, Godwin Obla (SAN), on or about May 21, 2015, in Lagos, within the jurisdiction of this honourable court, intentionally gave the sum of N5,000,000 to Hon. Justice Rita Ngozi Ofili-Ajumogobia of the Federal High Court directly from your Obla and Company account (1015319084) domiciled in the United Bank for Africa Plc in order that the said judge acts in the exercise of her official duties.”

Investigations by the EFCC further revealed that about $793,800 passed through the judge’s accounts and she allegedly was not able to explain to detectives how she came about the sums.

Breakdown of figures

A breakdown of the figures by the EFCC showed that Ofili-Ajumogobia received a deposit of $130,000 through her Diamond Bank account on May 30, 2013. On June 2, 2014, she allegedly received $70,000 through the same account.

The anti-graft agency said the judge received $55,000 on March 27, 2014, and another $55,000 on October 14, 2014 while $20,000 was received through the same account on June 19, 2014.

The commission alleged in the charge sheet that Ofili-Ajumogobia also received $20,000 on October 13, 2014 while she got an additional $50,000 on December 20, 2014.

The judge allegedly received $50,000 on November 21, 2014 and $30,000 between June 17 and June 19, 2015 through the same Diamond Bank account as well as another $10,000 on July 6, 2015.

She allegedly received $20,000 on June 11, 2013; $30,000 on February 11, 2014 and $150,000 on March 29, 2014.

The EFCC accused the judge of receiving $68, 800 through her Access Bank account between August 11, 2011 and March 27, 2012.

She also allegedly received $35,000 through the same account between April 30 and September 3, 2012.

The charges were said to be contrary to Section 82 (a) of the Criminal Law of Lagos State, No 11, 2011.

Some of the charges read, “That you, Hon. Justice Rita Ngozi Ofili-Ajumogobia, between the 11th day of August 2011 and 27th day of March 2012, in Lagos, within the jurisdiction of this honourable court, being a judge of the Federal High Court, enriched yourself with a total sum of $68,000 through your account (0002649223) domiciled in Access Bank Plc, so as to have a significant increase in your assets that you cannot reasonably explain in relation to your lawful income.

“That you, Hon. Justice Rita Ngozi Ofili-Ajumogobia, between the 10th and 30th day of May 2013, in Lagos, within the jurisdiction of this honourable court, being a judge of the Federal High Court, enriched yourself with a total sum of $130,000 through your account (0032091183) domiciled in Diamond Bank Plc, so as to have a significant increase in your assets that you cannot reasonably explain in relation to you your lawful income.

“That you, Hon. Justice Rita Ngozi Ofili-Ajumogobia, on or about the 20th day of December 2014, in Lagos, within the jurisdiction of this honourable court, being a judge of the Federal High Court, enriched yourself with a total sum of $50,000 through your account (0032091183) domiciled in Diamond Bank Plc, so as to have a significant increase in your assets that you cannot reasonably explain in relation to you your lawful income.”

The judge allegedly received over N40m in mysterious deposits made by some companies.

Judge accused of lying

The EFCC also accused the judge of telling lies.

Specifically, Ofili-Ajumogobia had told detectives around 7.16pm on October 19, 2016 that she would not be able to honour an invitation because she was admitted to Golden Cross Hospital, Bourdillon, Ikoyi.

However, the judge was not there when detectives checked the hospital.

She was also accused of forging a deed of assignment between County City Bricks Development Company Limited and Niger & Colive Limited in 2010.

UN’s ex-prosecutor to lead Justice Ngwuta’s trial today

A former prosecutor at the United Nations International Criminal Tribunal for Rwanda, Mr. Segun Jegede, has been engaged by the Federal Government to handle the trial of a Justice of the Supreme Court, Justice Sylvester Ngwuta, who is to be arraigned before a Federal High Court in Abuja today (Monday).

Jegede and another international lawyer, Mr. Charles Adeogun-Philips, have been engaged by the Federal Government to prosecute all the judges it lined up for trial.

The two lawyers with decades of international practice are separately leading two teams that have been briefed by the Federal Government through its National Prosecution Coordination Committee.

While Jegede is leading the prosecution of Justice Ngwuta, Adeogun-Philips has been briefed to lead the prosecution of some Supreme Court officials who had been charged with diversion of N2.2bn belonging to the apex court.

The two lawyers are both on the team of 80 special prosecutors of the Federal Government whose activities are being coordinated by the NPCC.

Jegede reportedly worked at the UNICTR for over a decade.

Jegede’s work at the UNICTR mainly revolved around the investigation and prosecution of some of the known masterminds of crimes committed during the Rwandan genocide.

According to online search engine, Wikipedia, the Rwandan genocide, which lasted about 100 days in 1994, was a mass slaughter of the members of the Tutsi ethnic group in Rwanda by the members of the Hutu majority government.

Jegede was also said to have had a stint at the Federal Ministry of Justice as a state counsel before going into legal practice and establishing his own law firm in 1988

Adeogun-Philips, who was born in England 50 years ago, is a former genocide and war crime prosecutor at the International Criminal Court.

Already, three cases have been filed with respect to the charges of corruption preferred against some judges and court officials, following the raid on the houses of some judges by the operatives of the Department of State Services between October 7 and 8, 2016.

The first case involved a Justice of the Supreme Court, Justice Ngwuta, who was charged with 14 counts of money laundering before Justice John Tsoho of the Federal High Court in Abuja.

Another case involved a Federal High Court judge, Justice Adeniyi Ademola, who was charged with receiving gratifications, along with his wife.

The other one involved the Chief Registrar of the Supreme Court, Mr. Ahmed Saleh, who was charged along with two other officials of the apex court.

The three apex court’s officials were jointly charged with alleged diversion of N2.2bn belonging to the court and receiving gratifications from contractors providing services to the court.

Also to be later charged is another Justice of the Supreme Court, Justice Inyang Okoro.

Justice Ngwuta, who was charged with 14 counts of money laundering, has been scheduled to appear before Justice John Tsoho of the Federal High Court in Abuja, for arraignment today.

It was alleged in the 14 counts of money laundering that Ngwuta transferred the total sum of N505m “denominated in naira and US dollars” to a building contractor, Nwamba Linus Chukwuebuka, between January and May 2016.

The N505m was alleged to be part of proceeds of Ngwuta’s “unlawful” activities.

He was also accused in the amended charges of retaining N35,358,000; $319,596 and £25,915 during the raid on his house by the operatives of the Department of State Services between October 7 and 8.

Apart from the money laundering charges, Ngwuta was accused of passport offences in counts eight to 14 of the amended charges.

He was accused of being in possession of two valid diplomatic passports and another two valid Nigerian passports, when his house was raided by DSS operatives on October 8, 2016.

EFCC Files Corruption Charges Against Justice Ajumogobia And Senior Lawyer Obla

Posted on November 21, 2016 by Staff Reporter

The Economic and Financial Crimes Commission has filed 30 charges against a Federal High Court judge, Justice Rita Ofili-Ajumogobia; and a Senior Advocate of Nigeria, Mr. Godwin Obla, The PUNCH has learnt.

The EFCC said about $793,800 passed through the judge’s domiciliary accounts between 2012 and 2015. The judge allegedly used the money to buy a house in London.

The two accounts, Access Bank (0002649223) and Diamond Bank (0032091183) have since been frozen by the EFCC.

The commission is expected to arraign the two suspects before a Lagos State High Court this week.

Five of the charges are centered on an alleged N5m bribe given to the judge by the senior advocate while the remaining 25 charges are on the huge amounts that passed through the accounts of Ofili-Ajumogobia and her alleged inability to explain her source of wealth.

The other charges filed against the judge border on forgery, lying, unlawful enrichment and other related offenses.

While Ofili-Ajumogobia claimed the money was a deposit for a N40m property she sold to Obla, the senior advocate said the money was a payment for building materials.

Obla also insisted that he did not know that the account belonged to the judge.

“That you, Godwin Obla (SAN), on or about May 21, 2015, in Lagos, within the jurisdiction of this honorable court, intentionally gave the sum of N5,000,000 to Hon. Justice Rita Ngozi Ofili-Ajumogobia of the Federal High Court directly from your Obla and Company account (1015319084) domiciled in the United Bank for Africa Plc in order that the said judge acts in the exercise of her official duties.”

Investigations by the EFCC further revealed that about $793,800 passed through the judge’s accounts and she allegedly was not able to explain to detectives how she came about the sums.

Breakdown of figures