Perversion Of Justice: Appeal Court Upholds Senior lawyer’s Conviction
The Lagos Division of the Court of Appeal on Thursday upheld the conviction of a former Senior Advocate of Nigeria (SAN) Dr. Joseph Nwobike, who was sentenced to 30 days imprisonment for attempting to pervert the course of justice.
The appellate court in a unanimous judgment dismissed the appeal instituted by Nwobike for lack of merit.
The three-man panel presided over by Justices Joseph Ikyegh held that Justice Raliat Adebiyi of the Lagos State High Court, properly convicted the lawyer in accordance with Section 97(3) of the Criminal Law of Lagos State.
Justices Ikyegh with other members of the panel, Justice Jamilu Tukur and Justice Ebiowei Tobi, however, discharged and acquitted Nwobike of the allegation of offering gratification to a Federal High Court judge, Justice Mohammed Yinusa.
Justice Adebiyi had on April 30, 2018, convicted Nwobike of 12 of the 18-count charge of attempting to pervert the course of justice and offering gratification to a public official brought against him by the Economic and Financial Crimes Commission (EFCC).
The court also held that Nwobike deliberately attempts to pervert the cause of justice by sending a text message to a judicial official with instruction to influence the assignment of several cases to Justice Yunusa.
The court upheld the argument of the EFCC that Nwobike at several occasions sent text messages to one Jide, a Federal High Court official with instruction to ensure certain case he filed should be assigned to a specific judge.
Dissatisfied with the lower court decision, Nwobike, who has since served his sentence, challenged it at the upper court.
In a notice of appeal filed by his lawyer, Wale Akoni (SAN) the senior lawyer contended amongst other things that the allegation of attempting to pervert the cause of justice for which he was convicted was not proved by the EFCC.
The appeal also insists that the judgment was unreasonable and unwarranted.
But the anti-graft agency opposed the appeal through its counsel, Rotimi Oyedepo, who raised two issues in defence.
Reading the lead judgment on Thursday, Justice Tobi, formulated four issues for determination.
They are: Whether Section 97(3) of the Criminal Law of Lagos State upon which Nwobike was convicted did not define the offence and was contrary to Section 36(2) of the Constitution, as contended by Nwobike?
Whether the conviction was based on the non-penal rules (Rules of Professional Conduct for Legal Practitioners)?
Whether the court was right in convicting Nwobike and whether it had enough evidence and properly evaluated same?
The judge resolved all the issues in EFCC’s favour.
Concerning the issue of whether Nwobike offered gratification to Justice Yinusa, the court held that there was no such evidence.
He said: “That money was given to a judge creates suspicion, particularly when you have matters before him, it is most unethical.
“It is unethical for any judge to receive money from lawyers, particularly lawyers that have cases before him, but an action being unethical doesn’t necessarily mean it is criminal.”
According to him, the prosecution needed to go further to prove that the purpose for which the money was given was for perverting the course of justice.
He noted that Nwobike clarified that he gave the judge money for his mother’s burial.
The Justice held, “I reverse the decision of the lower court and find the appellant not guilty of the charge of gratification. He is discharged and acquitted of counts 3, 12 and 14.
“But I cannot say the same of counts 7, 8, 9, 10, 11, 13, 15, 16 and 17 (attempt to pervert justice).
“The finding of the lower court as it relates to counts 7, 8, 9, 10, 11, 13, 15, 16 and 17 is correct, and I see no reason to interfere. I am of the firm view that the respondent proved his case at the lower court beyond reasonable doubt that the appellant had the mind to interfere with and influence the assignment of case to preferred judges and in so doing is guilty of the offence of attempt to pervert the course of justice contrary to section 97(3) of the Criminal Law of Lagos State, 2011,” the Justice held.
