EFCC Arraigns Justice Nganjiwa, Over Alleged N81.7m Fraud
The Economic and Financial Crimes Commission (EFCC) Friday arraigned Justice Hyeladzira Nganjiwa of the Federal High Court before the Lagos State High Court in Igbosere on over allegations of unlawful enrichment to the tune of $260,000 and N8,650,000.
Justice Nganjiwa, who is one of the five judicial officers recently recalled from suspension by the National Judicial Council (NJC) was arraigned by the EFCC on a 14-count charge filed before Justice Adedayo Akintoye.
Before the arraignment, Justice Akintoye had dismissed preliminary objection filed by the judge through his counsel, Robert Clarke (SAN) challenging the jurisdiction of the court to hear the case.
Clarke had argued that it is only the NJC that is constitutionally empowered to discipline a serving judge.
But in her ruling, the court threw out the application holding that “It is trite in law that the court can entertain and determine the right of any citizen no matter their status.
Citing Section 6(6) of the 1999 Constitution, the judge held that It is not correct that the High Court of Lagos State does not have jurisdiction to entertain this matter.
She stated, “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 charged with criminal liability.
“It is only the office of the president, vice-president, governor or executive governor of any state. So 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.
The commission in the charge marked LD4769C/17, accused Justice Nganjiwa of unlawfully received the monies (approximately N81,705,000) in naira and United States dollars.
The EFCC claimed that the $260,000 was paid into the judge’s personal account with Guaranty Trust Bank (GTB) in four tranches including $144,000 and $102,000, between January 18 and December 16, 2013 and January 6 to November 17, 2014.
The last two dollar payments of $10,000 and $4,000 were allegedly made on March 27, and April 30, 2015.
The judge also allegedly received through his Access Bank corporate account in the name of Awa-Ajia Nigeria Ltd, the sums of N750,000, N300,000, N5,000,000, N5000,000, N500,000, N500,000, N500,000, N100,000 and N500,000 (totalling N8,650,000).
The inflows were allegedly received on April 8, 17, 24 and November 8, 2013, April 10, September 16 and 28, 2014, October 30 and November 27, 2015, February 8, 2016.
The EFCC said the judge got the money, “so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.”
The agency also accused the judge of making a false statement to two of its officers on October 17, 2016 that the Awa-Ajia Nigeria Ltd account “was not operational by the time I was appointed.”
