The Oasis Reporters
December 12, 2017
The Court of Appeal, Lagos Division, has told the EFCC (Economic and Financial Crimes Commission) in no uncertain terms that it lacked powers to investigate or prosecute serving judicial officials except where such officers have been indicted and dismissed from service by the National Judicial Council, NJC.
Hitherto, the EFCC had arraigned the judge for allegedly receiving a total of $260,000 and N8.65m gratification to enrich himself as a public official before the Lagos State High Court in Igbosere.
Consequently, the Court of Appeal struck out the criminal charges filed by the Economic and Financial Crimes Commission (EFCC) against Justice Hyeladzira Nganjiwa, a serving judge of the Federal High Court at the Lagos High Court.
The EFCC had claimed that the judge received the money through his bank account between 2013 and 2015 contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011 adding that he could not explain the source of the funds.
Justice Nganjiwa was also accused of giving false information to operatives of the EFCC, which, the prosecution said, amounted to an offence under Section 39(2) of the EFCC (Establishment) Act, 2014.
However, his lawyer, Chief Robert Clark (SAN), prayed the Court of Appeal to strike out the case insisting that the anti-graft body lacked evidence to prosecute the judge and that the Lagos High Court lacked jurisdiction to adjudicate on the matter.
The EFCC on it’s Twitter handle, said it would appeal the ruling at the Supreme Court.
Harrassments from the anti graft agency, made Justice Ademola to throw in the towel and quit into premature retire last week.