The court of appeal in Lagos says
the Economic and Financial Crimes Commission (EFCC) does not have the power to
prosecute judges.
The court gave the ruling
following an appeal which Robert Clarke, a senior advocate of Nigeria (SAN)
filed on behalf of Hyeladzira Nganjiwa, a serving judge of the federal high
court.
The EFCC had arraigned Nganjiwa
on a 14-count charge before Adedayo Akintoye of the Lagos high court sitting in
Igbosere.
It accused him of allegedly
receiving $260,000 and N8.65 million through his bank accounts between 2013 and
2015 from suspicious sources.
It said Nganjiwa allegedly used
the money to enrich himself as a public official as it did not correspond with
his salary, an offence contrary to section 82(a) of the Criminal Law of Lagos
state, 2011.
It also accused the judge of
giving false information to its operatives.
But Obaseki Adejumo, the
presiding judge, held that his arraignment by the EFCC is not in order.
The judge said the National
Judicial Council (NJC) must first perform its constitutional role of
disciplining the judge after which it will then recommend him for prosecution.
Nganjiwa’s trial had earlier
suffered a setback when Akintoye removed herself from continuing to preside
over it.
Her withdrawal followed an
application filed by Clarke, claiming she “could be biased” in the trial of his
client.
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