Some lawyers have raised concerns over how the reinstatement of Justice Rita Ofili-Ajumogobia may affect the judiciary currently battling corruption and perception crises, Onozure Dania writes
The National Judicial Council’s disclosure on December 7, 2022, that it had beginning December 1, 2022, reinstated Justice Rita Ofili-Ajumogobia as a judge of the Federal High Court caught everyone by surprise.
The decision caused an uproar in legal circles because just four years earlier, the President, Major-General Muhammadu Buhari (retd.), acting on the NJC’s investigation and recommendation, sacked Justice Ofili-Ajumogobia on November 7, 2018.
The judge had been standing trial since 2019 on charges of unlawful enrichment, illegal concealment, corruption and forgery, among others.
The NJC’s decision came on the heels of a High Court judgment quashing its recommendations that led to Justice Ajumogobia’s dismissal.
‘Reinstatement takes instant effect’
The Chief Judge of the Federal High Court, Justice John Tsoho on December 7, 2022, announced the reinstatement of the embattled judge, quoting the December 1, 2022 meeting of the NJC. “Your Lordships are by this circular letter notified that at the meeting of the National Judicial Council held on the 1st of December, 2022, the Council reinstated the Hon. Justice R. N. Ofili-Ajumogobia as a judicial officer. The reinstatement takes instant effect and there shall be consequential posting,” he said.
On June 29, 2019, a Federal High Court, presided over by Justice Mohammed Rilwan Aikawa declared Justice Ofili-Ajumogobia as no longer a judicial officer, having been sacked by President Buhari via a memo dated November 7, 2018.
The embattled judge had in an application claimed she could not be tried for money laundering while serving as a judicial officer but Justice Aikawa ruled that she cannot stall her trial with a claim to being a judicial officer. The charge was brought against her by the Economic and Financial Crimes Commission.
The judge read out the President’s memo of November 7, 2018, approving Ofili-Ajumogobia’s dismissal from the Bench as recommended by the National Judicial Council (NJC). “The president has approved the recommendation of NJC and has therefore approved the dismissal of the 1st defendant/applicant. In my view, the first defendant (Ofili-Ajumogobia) has been dismissed as a judicial officer,” it read.
Justice Aikawa said further: “In light of this, she can stand trial as she is no longer a judicial officer. The application lacks merit and is accordingly dismissed.”
Earlier in the ruling, the judge disagreed with the argument of the first defendant’s counsel that the exhibit marked ‘Restricted’ is a private document.
He held that the document, exhibit EFCC 02, though marked ‘Restricted’ but bearing the coat of arms of the Federal Republic of Nigeria, qualified it as a public document.
“An official letter from the President of the Federal Republic of Nigeria, the Chief Justice of Nigeria is a public document,” Justice Aikawa said.
In the same vein, the application filed by the second defendant in the case, Godwin Obla (SAN) to quash counts one, two and three for abuse of court process or in the alternative separate his trial from the charge against Ofili-Ajumogobia and be tried separately was also dismissed by the court.
Referring to the trial of the defendants at the Ikeja High Court of Lagos State, Justice Aikawa said in that judgment, the case was only struck out.
“The defendants in that trial were not discharged and acquitted,” he said, adding that they could be re-arraigned before another court if the prosecution wishes to reopen the case.
Charges against Ofili-Ajumogobia, Obla
The EFCC had charged Ofili-Ajumogobia and a Senior Advocate of Nigeria, Godwin Obla, on 18 counts bordering on conspiracy, unlawful enrichment, retention of crime proceeds and money laundering.
They pleaded not guilty and were each admitted to bail in the sum of N10m with two sureties in like sum. The defendants were first brought before an Ikeja division of the High Court of Lagos State which struck out the charge on jurisdictional grounds.
The EFCC then preferred the same charges against them at the Federal High Court.
In the charge, EFCC alleged that the defendants conspired on May 21, 2014, to indirectly conceal different sums of money, in the Diamond Bank account of Nigel & Colive Ltd, a company alleged to be operated by Ofili-Ajumogobia.
They were further alleged to have conspired to retain in the same account, the sum of N500m, which they both reasonably ought to have known formed part of the proceeds of unlawful acts of unlawful enrichment.
Specifically, Ajumogobia was alleged to have on different dates in 2014, retained sums of monies such as N5m, 150,000 dollars, 20,000 dollars, 30,000 dollars, 50,000 dollars, and 55,000 dollars in the Diamond Bank account of Nigel and Colive.
Besides, the Commission also accused Ajumogobia of indirectly concealing the sum of N12m in the same account, and making a false statement to the EFCC that the money was payment for the sale of landed property.
The alleged offences contravened the provisions of Sections 15 (2) (a) and 18 (a) of the Money Laundering Prohibition Act.
Senior lawyers, A2J kick
Reacting to the reinstatement of the embattled judge senior lawyers and a Lagos-based human rights organisation, Access to Justice (A2J), expressed dissatisfaction over the decision of the NJC.
A2J to NJC: Reverse Ofili-Ajumogobia’s reinstatement
Access to Justice has called on the NJC to immediately reverse its decision of reinstating Justice Ofili-Ajumogobia.
Access 2 Justice described the reinstatement of Justice Ofili-Ajumogobia, as a brutal, agonising stab on the “Soul and Body” of Nigeria’s Judiciary.
In a statement signed by its Convener, Joseph Otteh said the NJC’s decision to reinstate Justice Ofili-Ajumogobia, in the face of serious and damning accusations against her, which the Council itself investigated and substantiated, is deeply unfortunate.
Otteh expressed concerns over the negative impact of the Council’s decision adding that it will cast a long, dark shadow over the judiciary for a long time to come and amplify questions about whether the Nigerian judiciary can continue to legitimately exercise judicial power.
He said that a judiciary’s legitimacy rests on the pedestal of public confidence and trust. ‘’A judiciary that cannot offer that trust loses the moral authority to sit in judgment over others. By now foisting a Judge with an incredible load of baggage – details of which, by the way, are in the public domain – to sit in judgment over cases involving other people, the NJC pollutes the justice delivery process and violates the rights of litigants to a fair trial before a judge with requisite skills and reputation,’’ the statement said.
According to him the Council’s decision is a grievous, staggering, inconceivable misjudgment and plumbs new depths of ridicule for the judiciary. The decision will further evoke strong concerns about the kind of judiciary Nigeria operates, and whether the NJC as presently constituted, can faithfully function as an accountability and oversight institution.
Otteh said, “The NJC badly managed the Justice Ofili-Ajumogobia case, and the question is why? This is the same Council that found Justice Ofili-Ajumogobia guilty of serious misconduct and recommended her removal. A high court may have quashed its recommendations, as well as ordered the judge’s reinstatement but the NJC had ample opportunity to defend its position with a high court press through appellate corridors.
“Why did the Council capitulate so quickly without a contest? And what does that capitulation say about the seriousness of the NJC in maintaining integrity in the judiciary?
“The NJC’s decision badly tarnishes the image of the Nigerian judiciary and diminishes the image and credibility of all those who serve in the judiciary, including honest, conscientious judges and tars them with the same brush used in fixing Justice Ofili-Ajumogobia’s re-absorption.
“It is such a hugely disappointing decision that it is fitting to ask the government to take another serious look at overhauling the Judiciary to save Nigeria’s judiciary – or what remains of it-, safeguard the rule of law and re-inspire public confidence in the machinery of justice. Access to Justice urges the NJC to immediately rescind its decision to reinstate Justice Ofili-Ajumogobia.”
Dr Misbau Lawal, a law lecturer said in a law platform, “Even if she’s not guilty of any of the criminal allegations, the best in the circumstances would have been to allow her to retire quietly. The mud of what has happened thus far is too much to be splashed back on the bench.
“Now, the NJC may have unwittingly unleashed an avenger on the bench. I did appear before her both in Lagos and Abeokuta, and none of the experiences was anything good to write home about in terms of judicial insolence, arrogance, dereliction of duty, and even more and then, the drama that followed the arrest, detention, trial, etc. All of that should be enough to just allow her to retire in peace. It is a shame on the NJC, a shame on Nigeria, a shame on all those behind this kind of shenanigans.”
A Senior Advocate of Nigeria, Adeyemi Candide-Johnson said, “Administration of justice is rooted in the confidence of the public. A succession of own goals by officeholders in our justice system has severely undermined the credibility of the system of justice. These officeholders have casually surrendered responsibility for personality and we will all suffer for their foolishness.”
Dr Yemi Omodele, who is the principal of Yemi Omodele and Co, on his part stated that the reinstatement of Justice Ofili- Ajumogobia, who was initially relived of her office has been a subject of discuss in the legal profession.
He said, “ With all due respect if it is true that the National Judicial Council has directed her reinstatement as being read online and print media, then NJC must have had a rethink on the initial decision taken.
“I say that the body has embarked on what is called political solution to the affected judge’s problem. This is so because the said judicial officer may soon retire from the bench. Therefore, it is a method that may lead to go home and sin no more.”
