Justice perversion: Appeal court affirms ex-SAN Nwobike’s conviction
Justice perversion: Appeal court affirms ex-SAN Nwobike’s conviction
Justice perversion: Appeal court affirms ex-SAN Nwobike’s conviction
The Court of Appeal, Lagos Division, on Thursday dismissed an appeal by a former Senior Advocate of Nigeria, Dr Joseph Nwobike, challenging his conviction by the Lagos State High Court.
Nwobike was convicted in April last year for attempting to pervert the course of justice by inducing court registrars with money to ensure that his cases were assigned to his preferred judges so he could obtain favourable judgments.

Justice Raliat Adebiyi convicted the senior lawyer of 12 counts and sentenced him to one month’s imprisonment.

Nwobike was later stripped of his SAN rank by the Legal Practitioners’ Privileges Committee, following his conviction for corruption.

Displeased with the lower court’s verdict, the senior lawyer had proceeded on appeal.

However, the Court of Appeal, in its judgment on Thursday by Justices Joseph Ikyegh (presiding), Jamilu Tukur and Ebiowei Tobi, dismissed Nwobike’s appeal, holding that it “mostly lacked merit.”

The appellate court Justices unanimously upheld the lower court’s verdict convicting Nwobike in accordance with Section 97(3) of the Criminal Law of Lagos State.

They affirmed the conviction of the senior lawyer on counts 7, 8, 9, 10, 11, 13, 15, 16 and 17.

They, however, discharged and acquitted Nwobike of the charge of offering gratification to a Federal High Court judge, Justice Mohammed Yinusa.

Justice Tobi, who read the lead judgment, to which the other panel members concurred, said, “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 its 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, he 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.”

Though the appellate court said the EFCC did not prove that the N750,000 given to Justice Mohammed Yunusa of the Federal High Court by Nwobike was a bribe, it said it was unethical for the lawyer to have offered the judge money while he had a case pending before the judge.

Justice Tobi held, “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.




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