Daily Times Nigeria Tuesday, November 14, 2017
9 News
Transfer my case file to another judge, Justice Nganjiwa tells Lagos CJ Peter Fowoyo
ÏÏÏJustice
Hyeladzira Ajiya Nganjiwa of a Federal High Court, Bayelsa Division, on Monday asked the Chief Judge of Lagos state, Justice Opeyemi Oke, to transfer his case file to another judge for trial. Alternatively, Nganjiwa, through his lawyer, Robert Clarke SAN, is asking the court further for an order dismissing the charge which he said constitute double jeopardy against him. The Economic and Financial Crimes Commission (EFCC) had filed corruption charge of $260,000 and N8.65 million (totalling about N81,705,000)against Justice Nganjiwa before Justice Adedayo Akintoye of Lagos High Court in Igbosere. When the matter came up
on Monday, Chief Robert Clarke (SAN), accused the trial judge of bias in favour of the prosecution. He told the court that he has written a letter dated November 10, 2017 to the Administrative Judge seeking transfer of the matter to another judge. He further said he has also filed an application objecting to trial of his client before the Judge. But the EFCC prosecutor, Mr Wahab Shittu, said he was not aware of the defendant’s application and was subsequently served in the court. Chief Clarke SAN stated in the letter that: “the trial judge is presiding over the charge number LD/2544/16, FRN v Rickey Mustapha Tarfa and the counts, facts of the charge against my
client are substantially similar to the counts/facts of the charge against Rickey Tarfa. His words: “ In essence, my Lord, I am of the view that opinion formed by the learned trial judge as regards charge 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”. Asked by the court to explain what he meant by bias, Clarke maintained that there is a presumption of bias by the trial judge in favour of the prosecution. “ It is for the judge to decide if a prima facie case has been established against the defendant. But in this case, it is the Director of Public
Prosecution (DPP) that is saying a prima facie case has been established.” Clarke also told the court that his client’s application before the court was brought pursuant to section 36(9) of the constitution and sections 173,175 and 216 of ACJL of Lagos State 2011. He said the application is supported by an affidavit containing all the facts of bias against his client. Clarke further said that: “Our main request is for this court to return the case file to the Chief Judge for purposes of re-assignment to another judge. “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 an-
other case. We are not afraid that justice must be done, but justice must be seen to have been done” But the EFCC prosecutor, Shittu described the application as an attempt to frustrate trial. He said the application was also contentious and should not be allowed. Shittu reminded the court of past attempts by defence to stall trial. He said, “Your lordship, you cannot stay proceedings in a criminal matter. The applicant is imputing bias merely on speculative conclusions that a case is pending before your lordship”. Shittu argued that there was no way the matter in the other matter involving Rickey Tarfa can influence the matter before the court
as no decision has been taken on it. He also asked the court to take judicial notice of the fact that the defendant is not on a joint trial with Tarfa in the other case nor a witness in the matter, contending that the defence has failed to lead evidence that the court will be bias in the matter. “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. It is speculative to say that the judge should hands off. The circumstances are different. The particulars are different.
Senate heads for Appeal Court over Sen. Ndume’s reinstatement Andrew Orolua , Abuja
ÏÏÏThe Senate on Mon-
day asked the Court of Appeal in Abuja to set aside last week’ s Friday decision of the Federal High Court Abuja that voided the suspension of Senator Ali Ndume (APC, Borno South) , from the Senate. Justice Babatunde Quadri of the Federal High Court had in his declaratory judgment also ordered the Senate and its President, Bukola Saraki, to pay Ndume his outstanding salaries and allowances without further delay The appellants, the President of the Senate; the Senate of Federal Republic of Nigeria; and Senator Samuel Anyanwu (Chairman Senate Committee on Ethics, Privileges and Public Petitions) said in their notice of appeal that the judge erred in his judgment. The Senate also anchored its appeal on six grounds. In the notice of appeal filed on behalf of the appellants by Chief Mike Ozekhome (SAN), the Senate is contending among other grounds, that Justice Quadri erred in law when he held that the right to fair hearing as provided for under Section 36 of the 1999 Constitution (as amended) inures to the respondent against the appellants who are neither courts nor tribunals established by law.
The appellants also said the Federal High Court Judge erred in law when he held that the respondent can join several causes of action in one suit. It was the argument of the appellants that Justice Quadri erred in law when he allowed the respondent join the application for enforcement of fundamental rights with that of reinstatement as a senator. In grounds three, the appellants claimed that the trial court erred in law when it held that the court would not interfere with the internal affairs of the legislature except where there is a breach of the fundamental rights of a citizen, the basis of which it held that the fundamental rights of the respondent were breached even there was no evidence of such breach before the court. Consequently, the appellants are praying for an order to allow their appeal. They also want an order setting aside the judgement of Justice Quadri delivered on November 10. In addition, the Senate is asking the appellate court to dismiss the suit of Ndume. No date has been fixed for the hearing of the matter. The Senate had on March 30, 2017, suspended Ndume, former Majority leader for 90 legislative days for not “conducting due diligence” before filing a petition against Senate President Bukola Saraki and Senator Dino Melaye (APC, Kogi West)
Senior category winner, Master Munachi Ernest-Eze of Loyola Jesuit College, Abuja; Managing Director, Promasidor Nigeria Limited, Mr. Anders Einarsson and Junior category winner, Master Jesse Uche-Nwichi of Graceland International School, Rivers State, at the finals of 2017 Cowbellpedia Secondary Schools Mathematics TV Quiz Show in Lagos, on Monday.
NAPTIP’s DG harps on staff, infrastructure security Andrew Orolua, Abuja.
ÏÏÏThe Director General
of National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Julie Okah-Donli, has said that the agency will continue to update the skills and knowledge of personnel so as to be ahead of the emerging trafficking security challenges. She also said that the personnel of the agency are being encouraged through various training processes to tackle contemporary security challenges on their persons and office infrastructure. Okah-Donli, stated this on Monday while declar-
ing open a training workshop in Abuja organised for selected NAPTIP staff on general security awareness. She noted that human trafficking in Nigeria is on the increase and that the training would boost officers capacity in combating the development. The Director General, who was represented by NAPTIP’s Director, Training and Manpower Development Department, Olusayo Olubiyi, urged participants to give their very best in the battle against human trafficking, adding that winning the war against trafficking should be a priority to all. She said, “To the NAP-
TIP participants, I say congratulations for being part of the selected trainees as your capacities shall be enhanced to make you better poised to combat organized crime in Nigeria, especially in the areas of providing cutting edge security services and protecting office infrastructure nationwide”. The DG, added that the participants should at the end of the training, fully equipped to advise her on Emergency Management Plans and Infrastructural Security Deployment Procedures. “It is also my conviction that this 5-day training will further boost the managerial capacity of
the trainees to conform to the acceptable security standard in the modern day Nigeria and cascade the knowledge so acquired to other personnel of the Agency on Personal Security and Protection of Office Infrastructure”, she added. Earlier in his remark, the Chief Executive Officer, Aura Technology Limited, Abdulhammed Dantsoho, the facilitator of the training, had blamed security lapses and intelligence failure as one of the major causes of crises responsible for the death of some Law Enforcement Personnel as well as some innocent Nigerians.