The Economic and Financial Crimes Commission is prosecuting Dr Nwobike SAN for allegedly offering a gratification of N750, 000 to a judge of the Federal High Court, Justice Mohammed Yunusa, in order to allegedly compromise the judge.
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| DR. NWOBIKE SAN |
Dr.Nwobike was on March 9, 2016 arraigned before Justice Raliat Adebiyi on five counts of offering gratification to a public officer, contrary to provision of Section 64 (1) of the Criminal Law of Lagos State, No.11, 2011 and the accused however pleaded not guilty and was granted bail on self recognizance.
At the proceedings on Monday the 11th of April, The defence lawyer, Mr. Wale Akoni (SAN), informed the court that the charges against Nwobike were unconstitutional and he intended to make a no case submission.
Denying a claim by prosecution counsel, Rotimi Oyedepo, that the defence had filed “a harvest of motions”, Akoni told the court that his client looked forward to a speedy trial.
He said: “We have another application but we want it taken after the prosecution has closed its case so that we can start trial without delay. We intend to make a no case submission.
“I want us to move faster. We’re saying among other things that this charge is unconstitutional.”
Opposing the defendant’s application, the prosecution said it was a defective application.
“The applicant’s application violates S.158 of the Administration of Criminal Justice Law, if read together with Section 212.”
He argued that if such an application is found to be incurably defective, the court would have no option but to strike it out, “Instead of keeping it in abeyance.”
Denying a claim by prosecution counsel, Rotimi Oyedepo, that the defence had filed “a harvest of motions”, Akoni told the court that his client looked forward to a speedy trial.
He said: “We have another application but we want it taken after the prosecution has closed its case so that we can start trial without delay. We intend to make a no case submission.
“I want us to move faster. We’re saying among other things that this charge is unconstitutional.”
Opposing the defendant’s application, the prosecution said it was a defective application.
“The applicant’s application violates S.158 of the Administration of Criminal Justice Law, if read together with Section 212.”
He argued that if such an application is found to be incurably defective, the court would have no option but to strike it out, “Instead of keeping it in abeyance.”
In her ruling, Justice Adebiyi upheld the defendant’s submission.
“The defendant’s application will not prejudice the prosecution’s case,” the judge ruled.
“The defendant’s application will not prejudice the prosecution’s case,” the judge ruled.
The case was consequently adjourned till April 21 and 22, 2016, when the EFCC is expected to open their case and bring their witnesses to Court.
The SAN had, in his statement to the EFCC, denied bribing justice Yunusa, explaining that the N750,000 he offered the judge was a financial help to the judge, whose mother he claimed underwent dialysis due to a failing kidney.
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justice and equity.......fingers crossed.
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