EFCC arraigns Justice Nganjiwa for $260,000, N8.65m unlawful enrichment

The Economic and Financial Crimes Commission (EFCC) yesterday arraigned Justice Hyeladzira Ajiya Nganjiwa of the Federal High Court, Bayelsa Division for alleged unlawful enrichment to the tune of $260,000 and N8.65 million (about N81,705,000).
Nganjiwa was arraigned before Justice Adedayo Akintoye of a Lagos High Court in Igbosere on a 14-count charge of unlawful enrichment and making a false statement to EFCC officials.
He pleaded not guilty and was granted bail on self recognizance.
Justice Akintoye permitted the arraignment after dismissing Nganjiwa’s preliminary objection challenging the court’s jurisdiction.
 Nganjiwa is one of the six judges who were reinstated on June 3, 2017 by the National Judicial Council, (NJC), following the failure of the government to file charges against them.
The EFCC brought the charge against him on June 13, 2017, less than 48 hours after The Presidency vowed to prosecute judges that were reinstated by the NJC but with cases to answer.
But Nganjiwa, who was absent in court on June 13, tried to stall his arraignment on the ground, among others, that the court did not have the jurisdiction to hear and determine the case.
His lawyer, Chief Robert Clarke (SAN), contended that by virtue of Section 158 of the 1999 Constitution, only the NJC had the power to deal with the allegations of misconduct brought against the serving judge by the EFCC.
 But prosecution counsel Rotimi Oyedepo, citing Sections 308 and 35 (1) (c) of the Constitution, said the defendant, despite being a serving judge, does not fall within the category of persons immune from prosecution.
He said the NJC has only administrative disciplinary powers to sanction the defendant for any misconduct.
 In her ruling yesterday, Justice Akintoye, relying on Section 6(6) of the 1999 Constitution, agreed with the prosecution.
She said: “It is trite that the court can entertain and determine the right of any citizen. It is therefore not correct that the High Court of Lagos State does not have jurisdiction to entertain this matter.
“The defendant here is a judicial officer of the Federal Government sitting in the Federal High Court, Bayelsa Division. The EFCC is an agency of government. Is there any law that excludes judicial officers from being charged? I affirm that the NJC has power to discipline any judicial officer, but judicial officers are not covered from being preferred with criminal liability.”
The judge noted that “the defendant does not have immunity under Section 308 of the 1999 Constitution.
“The court has been properly constituted and has the power to try the case. The notice of preliminary objection, I hold, is therefore, misconceived and same is hereby dismissed.”
Justice Nganjiwa was then docked and the charge was read to him.
He pleaded not guilty to all 14 counts.
According to the charge marked LD4769C/17, the defendant allegedly unlawfully received the N81,705,000 in naira and United States dollars.
The agency said the $260,000

Source: The Nation