Justice Rita Ofili-Ajumogobia and a Senior Advocate of Nigeria (SAN), Mr Godwin Obla, were on Monday arraigned at an Ikeja High Court over alleged corruption.
Ofili-Ajumogobia, also a serving judge of the Federal High Court, Lagos, and Obla, are being prosecuted by the Economic and Financial Crimes Commission (EFCC).
Obla is also a serving 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.
However, they pleaded not guilty to the charges.
Obla was charged with an additional two-counts of offering gratification in the sum of N5 million to Ofili-Ajumogobia, a public official during her service as a judge.
He also pleaded not guilty to the charges.
While 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.
But she also denied the charges.
According to the EFCC, Obla, on May 21, 2015, intentionally transferred N5 million to Ofili-Ajumogobia via his Obla and Co United Bank of Africa (UBA) account with number: 1015319084 in order to refrain her from acting in her official duties.
The anti-graft agency alleges that Ofili-Ajumogobia, while serving as a Justice of the Federal High Court, on June 5, 2012, unlawfully received N18 million through her Access Bank Plc account, which she could not give a reasonable account of.
The EFCC said that between 2012 and 2015 Ajumogobia also received a total of 788,000 dollars from various sources into her Diamond Bank Account with number: 0032091183.
Ofili-Ajumogobia allegedly received N51.1 million into the Diamond Bank account from various sources which did not reflect her source of income as a judge.
The EFCC also alleged that between July 5 and Dec. 30, 2010, Ofili-Ajumogobia forged a deed of assignment between County City Bricks Development Co Limited and Nigel and Clove Limited.
The forged deed dated July 5, 2010, which was purportedly prepared and signed by Charles Musa and Co.
The anti-graft agency said that on October 19, the judge made a false statement through a phone call to one Lawal Abdullahi, an officer of the EFCC, where she claimed she was on admission at the Goldcross Hospital, Ikoyi.
The EFCC said the offences were in contravention of Section 39 (2)(a) of the EFCC Act, Sections 64 (1), 82 (a), 97(1) of the Criminal Law of Lagos State and Section 467 of the Criminal Code.
After the charges were read, counsel to the EFCC, Mr Rotimi Oyedepo, requested for an immediate trial.
“My Lord we hereby apply for an immediate, accelerated trial,” Oyedepo said.
Lawyer to Ofili-Ajumogobia, Mr Olawole Akoni (SAN) in his application for bail, pleaded with the court to release his client who had been in the custody of the EFCC.
“My Lord, the charged against the first defendant are bailable offences according to Sec 115 (2) (3) of the Administration of Criminal Justice Act (ACJA).
“The defendant does not pose a threat, she’s a responsible member of society, a judge of the Federal High Court and she will certainly stand trial to clear her name.
“On the claims by the EFCC that she has interfered with the investigations of this matter, I refer to paragraph eight of our affidavit which stated that she has not and will not interfere with the investigations.
“In summary, I urge your Lordship to admit the defendant to bail in her own recognition and in the unlikely event that my Lord would give conditions, I request that the conditions be very liberal,” Akoni said.
Oyedepo, however, countered Akoni’s claims that Ofili-Ajumogobia will not interfere with the trial.
“Your Lordship can look at the proof of evidence before the court, there’s overwhelming evidence against Ofili-Ajumogobia of interference.
“In paragraph six, we gave details about how the defendant interfered with our investigations and tried to influence witnesses who were Ademola Oshodi and Ogor Okafor.
“The statement of Oshodi on Nov. 1 says and I quote ‘Justice Rita called me to meet her at the Church of the Assumption, Falomo, to tell me how I should answer the EFCC questions.’
“I urge your Lordship to refuse this application and grant accelerated hearing,” Oyedepo prayed.
Lawyer to Obla, Mr Ifedayo Adedipe (SAN) noted that Obla, who is a prosecutor for the EFCC, poised no flight risk.
“The second defendant has been going and coming to the EFCC for some sister cases and he has deposited his passport with them.
“The applicant is not a flight risk, he went to the USA with the knowledge of the EFCC and he returned his passport to them, he is not a flight risk.
“There is no instance where he has interfered with the investigations of the EFCC. He is one of them; instead of paying him for the cases he has won for them, they charge him to court.
“I plead with your Lordship, Obla is a respectable member of the bar, a prosecutor for the EFCC and I urge your Lordship to grant him bail.”
In his ruling, Oshodi noted that though the offences the duo were charged with were serious, the offences were bailable and as a result of their status in society, they poised no flight risk.
“The defendants are hereby granted N20 million bail on self recognition and they shall forfeit their international passports,” the judge ordered.
Before the ruling, Ademola Oshodi, a branch manager with Diamond Bank Plc and the account officer for Ofili-Ajumogobia had described how foreign currency was moved from Justice Rita Ofili-Ajumogobia chambers and deposited into her account in the bank.
While being led in evidence by counsel to the EFCC, Mr Rotimi Oyedepo, Oshodi told the court that he met Ofili-Ajumogobia at her chambers at the Federal High Court when he opened an account for her with the bank.
The banker alleged that he often visited the justice’s chambers and also her home whenever she needed his services to make such deposits which was mostly in dollars.
“I used to meet the judge in her chambers and sometimes in her home, where I’d receive the foreign currency, which was U.S. dollars to deposit into her bank account.
“I introduced one Abba Said, a Bureau de Change operative to her when there was a need to change the dollars to naira.
“This mostly happens when she was not comfortable with a particular transaction.
“There were instances where the deposits exceeded the maximum amount for an individual account, when such instances occur, I pay the maximum amount into her account.
“I then deposit the remaining cash into my account which is paid into her account in subsequent days,” Oshodi told the packed courtroom.
Counsel to Ofili-Ajumogobia, Mr Olawole Akoni (SAN), however, raised objections when EFCC attempted to tender his client’s account statements as evidence on the grounds that he had not reviewed the bank statements.
“The first defendant has been in incarceration since November 10. She needs adequate time and facility to defend herself. I humbly seek an adjournment,” Akoni said.
Supporting his request for adjournment, lawyer to Obla , Mr Ifedayo Adedipe (SAN), also said the second defendant had been in incarceration since November 8.
“Given the circumstances in which we had our meetings, it was not even possible to prepare adequately for trial.
“I will like to request for an adjournment so that we can make judicious use of the time to prepare adequately for trial,” Adedipe said.
Justice Hakeem Oshodi in granting an adjournment said; “for the purpose of fair hearing, the court will accede to the request for adjournment of this trial.
“The case is adjourned to January 9, 2017 for continuation of trial,” Oshodi said.
