Justice Hyeladzira Nganjiwa Misses Bribery Allegation Trial

Justice Hyeladzira Nganjiwa of the Federal High Court in Bayelsa scheduled to be arraigned in Lagos on Monday for alleged unlawful financial enrichment was stalled as a result of his absence in court.

His lawyer, Mr Robert Clarke (SAN) told the court that Nganjiwa was absent because he could not get a flight from Bayelsa to Lagos.

“Today’s absence is not deliberate, this is a sitting judge of a federal high court. He called me and said that he could not get a flight to Lagos,’’ he said.

However, Clarke had opposed the arraignment of the judge before a Lagos High Court sitting in Igbosere.

The News Agency of Nigeria (NAN) reports that the Economic and Financial Crimes Commission (EFCC) had slammed a 14-count charge bordering on unlawful financial enrichment to the tune of $260,000 (approximately N81.7 million) and N8.7 million against the judge.

But Clarke said the court presided over by Justice Adedayo Akintoye lacked the jurisdiction to hear and determine the case.

He said that his objection was brought pursuant to Section 6 (6), (a) of the 1999 Constitution.

According to him, the defendant, who is a sitting judicial officer as defined in the constitution, can only subject himself to the discipline of the National Judicial Council (NJC).

He insisted that any misconduct of a judicial officer should, in the first instance, be looked into by the NJC.

“Therefore, this case should be dismissed and due process followed.

“The prosecutor instituted a criminal charge against the defendant while occupying a judicial office.

“The prosecutor is EFCC for the Attorney General of Lagos State, who are both members of the executive arms of government, ” Clarke told the court.

“The 1999 Constitution as amended ensures separation of powers within the arms of the government and provides for discipline of erring judicial officers.”

He argued that the information filed offended the provisions of Section 158 (1) and paragraph 21 of the Third Schedule of the Constitution which established judicial precedents and authorities.