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| Judicial symbol for justice |
Justice Hyeladzira Nganjiwa of the Federal High Court, who was charged with unlawful enrichment to the tune of $260,000 and N8,650,000, has asked for the transfer of his case to another judge.
Nganjiwa’s lawyer, Chief Robert Clarke (SAN), said on Monday that his client was afraid he would not get justice before Justice Adedayo Akintoye, who is currently hearing the case.
The reason, he said, was because Justice Akintoye is already hearing the case of Mr. Rickey Tarfa (SAN), who was accused of bribing two judges, one of which is Justice Nganjiwa.
“The charge, as filed, constitutes double jeopardy against the defendant.
“There is a sister case before this court containing virtually all the allegations and particulars in this new case.
“You cannot make up your mind in one particular case and change it in another case. We are not afraid that justice will be done, but justice must be seen to have been done,” Clarke said.
He told Justice Akintoye that he had already written a letter on behalf of his client to the administrative head of the Lagos State High Court in Igbosere, seeking the transfer of the case.
In the said letter, Clarke argued that, “The trial judge is presiding over charge number LD/2544/16, FRN v Rickey Mustapha Tarfa, and the counts and facts of the charge against my client are substantially similar to the counts/facts of the charge against Rickey Mustapha Tarfa.”
“In essence, My Lord, I am of the view that any opinion formed by the learned trial judge as regards charge number LD/2544/16 will invariably lead to same opinion in the information against my client.
“My Lord, as it stands, fair trial in the eye of a reasonable man is likely to be tainted as there is likely of bias.”
But the prosecuting counsel for the EFCC, Mr. Wahab Shittu, described Clarke’s application as a ploy to frustrate the trial and urged Justice Akintoye to reject it.
Shittu maintained that Tarfa’s case would have no bearing on Nganjiwa’s case because they were not being jointly tried.
He said Clarke’s application was tantamount to asking for a stay of proceedings, which he said the court had been enjoined not to grant in a criminal case.
“The applicant is imputing bias merely on speculative conclusions that a case is pending before Your Lordship.
“The defence has not shown that Your Lordship has particular interest in the matter and that Your Lordship has no relation with the defendant.
“Your Lordship has not exhibited any partisanship. The court is only exercising judicial powers in relation to the matter.”
Justice Akintoye adjourned till November 22 for ruling.
Nganjiwa’s lawyer, Chief Robert Clarke (SAN), said on Monday that his client was afraid he would not get justice before Justice Adedayo Akintoye, who is currently hearing the case.
The reason, he said, was because Justice Akintoye is already hearing the case of Mr. Rickey Tarfa (SAN), who was accused of bribing two judges, one of which is Justice Nganjiwa.
“The charge, as filed, constitutes double jeopardy against the defendant.
“There is a sister case before this court containing virtually all the allegations and particulars in this new case.
“You cannot make up your mind in one particular case and change it in another case. We are not afraid that justice will be done, but justice must be seen to have been done,” Clarke said.
He told Justice Akintoye that he had already written a letter on behalf of his client to the administrative head of the Lagos State High Court in Igbosere, seeking the transfer of the case.
In the said letter, Clarke argued that, “The trial judge is presiding over charge number LD/2544/16, FRN v Rickey Mustapha Tarfa, and the counts and facts of the charge against my client are substantially similar to the counts/facts of the charge against Rickey Mustapha Tarfa.”
“In essence, My Lord, I am of the view that any opinion formed by the learned trial judge as regards charge number LD/2544/16 will invariably lead to same opinion in the information against my client.
“My Lord, as it stands, fair trial in the eye of a reasonable man is likely to be tainted as there is likely of bias.”
But the prosecuting counsel for the EFCC, Mr. Wahab Shittu, described Clarke’s application as a ploy to frustrate the trial and urged Justice Akintoye to reject it.
Shittu maintained that Tarfa’s case would have no bearing on Nganjiwa’s case because they were not being jointly tried.
He said Clarke’s application was tantamount to asking for a stay of proceedings, which he said the court had been enjoined not to grant in a criminal case.
“The applicant is imputing bias merely on speculative conclusions that a case is pending before Your Lordship.
“The defence has not shown that Your Lordship has particular interest in the matter and that Your Lordship has no relation with the defendant.
“Your Lordship has not exhibited any partisanship. The court is only exercising judicial powers in relation to the matter.”
Justice Akintoye adjourned till November 22 for ruling.
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