CASE NUMBER 10878:

DR. NWOBIKE SAN CONVICTED FOR BRIBING JUDGE

Alleged Perpetrators(s)

Dr. Joseph Nwobike (SAN)

Location (Town / State)

Lagos, Lagos

Date of Event

30 Apr 2018

Date of republication

30 April every year

Case category (Choose all that apply)

Case Summary

Dr. Joseph Nwobike (SAN), a very senior Nigerian lawyer, was arraigned before Justice Raliat Adebiyi of the Ikeja Division of the High Court of Lagos State on allegations of offences to pervert the course of justice on the 9th March, 2016. The Senior Advocate was finally sentenced on the 30th April, 2018 on 12 counts of attempting to pervert the course of justice, with one month imprisonment imposed on each count to run concurrently. He was consequently suspended from the use of the title of SAN as a result of this conviction.

Full story

On the 28th March, 2015 Dr. Joseph Nwobike SAN, a very senior lawyer and Principal Partner of Joseph Nwobike SAN & Co. transferred the sum of N750,000 (Seven Hundred and Fifty Thousand Naira) to Honourable Justice Mohammed Nasir Yunusa of the Federal High Court, Lagos through his UBA Account. On the 28th day of September 2015, Dr. Nwobike SAN made another transfer worth N300, 000 (Three Hundred Thousand Naira) to the corporate account of Awa Ajia Nigeria Limited, belonging to another judge of the Federal High Court. On several occasions from 2014-2015, the learned silk sent text messages from his mobile phone to one Mr. Jide, a Deputy Registrar of the Federal High Court, Lagos requesting for a number of cases to be assigned to Justice Yunusa. In 2016, the EFCC begun investigations into the affairs of several high profile judges in Nigeria, including Justice Yunusa.
On the 9th March, 2016, Dr. Nwobike SAN was arraigned by the EFCC before Hon. Justice Raliat Adebiyi of the Ikeja Division of the High Court of Lagos State on a five count charge bordering on allegations of offering gratification and attempting to pervert course of justice.
Dr. Nwobike SAN who was defended by a team of lawyers led by fellow Learned Silk, Dr. Abiodun Layonu SAN pleaded not guilty to the charges. Mr. Rotimi Oyedepo who represented the EFCC (Prosecution) requested for a date for commencement of trial. The Defendant’s oral application for bail on self-recognizance was unopposed by the prosecution and granted by the court, and the matter was adjourned to 11th, 21st, and 22nd April 2016 for commencement of trial.
On the 21st April, 2018, the Prosecution opened its case by calling its first witness, Oyekunle Aderemi, a Compliance Officer with Zenith Bank. The witness was confronted with the Defendant’s statement of account and identified the transaction of 28thMarch 2015 where the defendant paid the sum of N750, 000 (Seven Hundred and Fifty Thousand Naira) into Justice Yunusa’s account. The Prosecution Counsel Rotimi Oyedepo also led the second prosecution witness, Oliver Owaremi, also a compliance officer with Access Bank in examination. He told the court that his bank received a request from EFCC seeking account information on Hawa Ajiya Nigeria Limited, a company that was alleged to be part of the channels the defendant used to transfer money to Justice Yunusa. Another Federal High Court Judge, Justice H.N Ajiya was said to be the owner and sole signatory of the company’s account. From this account, the witness showed the debit transaction of N300,000 to Justice Yunusa from the company’s account on 30 November, 2015. During cross examination, the witness said that, apart from the transactions of 28 September, 2015 and that of 30 November, 2015 there was no other transactions between Joseph Nwobike and Hawa Ajiya or Justice Yunusa. In the trial which lasted for over twenty months, the EFCC adduced further evidence to show that Dr. Nwobike SAN paid the sum of N250,000 to one Helen Ogunleye, a registrar to another federal judge, Honourable Justice Musa Kurya.
On Wednesday, July 26, 2017, the Prosecution Counsel tendered a Compact Disc marked exhibit P21 containing text messages from Nwobike’s mobile phone to a court official. In the CD, which was played on a projector mounted in the court room, it was shown how Dr. Nwobike had sent text messages, at various times, to Helen Ogunleye, a registrar with the Federal High Court, Lagos.
While cross-examining the defendant, the prosecution counsel told the court that Dr. Nwobike received and read a text from Ms. Ogunleye, saying, “We give u 6th Feb. Sir, but I need to inform my Lord (sic)”. Mr. Nwobike was also said to have sent a text message to Ms. Ogunleye, saying, “Good afternoon, please the file is SIA SMART YN VS AR NIGERIA LTD 9962013″. Although it indicated that the message was pending on his mobile phone, Ms. Ogunleye replied that the court was sitting and that she would check the file to know when the ruling would commence. Dr. Nwobike also confirmed to have received and read a text message from Ms. Ogunleye, who wrote to inform him about her birthday, saying, ”Good morning sir, how was ur night just want to inform you that 2day is my birthday, thank for been there for me always u are the best (sic)”. Mr. Oyedepo further told the court that Ms. Ogunleye, in appreciation of the gift sent to her by Dr. Nwobike, sent a message, saying, “Good morning sir, I really appreciate my birthday gift yesterday. God will continue to elevate u IJN Lord will preserve the going out and coming in IJN u are d best, this is my husband number 08035047945 Engineer Emmanuel Ogunleye.” However, Dr. Nwobike alleged that he could not remember sending any gift to Ms. Ogunleye, except that he always sent gifts to her on her birthday.
Dr. Nwobike confirmed that he sent a text message to Ms. Ogunleye around 11:03 am on a certain day, saying, “Let oga discharge that order”, to which Ms. Ogunleye replied, around 11:12am of that same day that “We told oga last time u called me that u are in Abuja so & he said there should be a cogent reason from u b4 he can do that sir, just see him after Court session sir, this is confidential (sic)”. The Prosecution told the court that when Ms. Ogunleye sent a text message to Dr. Nwobike reminding him about her brother who was offered admission to study Medicine in Russia, Mr. Nwobike replied that “I will see you this week”.‎
According to him, Dr. Nwobike, on April 2, 2014, received a message from Ms. Ogunleye, saying, “Thanks so much sir. God bless u, ur children will find favour of God in their entire endeavor IJN, u are d best. Kelani gave me the envelop in the morning (sic).” The Prosecution also stated that on November 20, 2015, Mr. Nwobike received a text from Ms. Ogunleye, saying, “Good morning sir, pls we are waiting for you sir, and pls don’t forget my younger brother I told you about his balance of school fees I should remind u today sir, God will reward u bountifully IJN.” Dr. Nwobike, in replied the message as follows, “My junior will ask for stand down. I will come at 11am”.
The Prosecution also adduced evidence to show that the accused had also sent an incriminating text to one Ibeto on December, 15, 2014 around 8:32 am, saying “Good morning sir, I am planning to go to Port Harcourt tomorrow to sort out those judges. I have spoken to the AMCON people on how to secure our position even if some changes occur in the system.”
The Prosecution also tendered evidence to show that Dr. Nwobike had about N64million in his account as at February 26, 2015 and N50 million in a fixed deposit account, as well as more than N25million in another account for current expenditures.
Dr. Nwobike was also accused of assisting Justice Fishim of the National Industrial Court (currently undergoing trial) in cash and gift and also paid the sum of N300, 000 to Justice Nganjiwa through his company account.
On 8th February, 2018, the parties adopted their final Writtten Addresses. Dr. Nwobike’s lead counsel, Mr. Olawale Akoni SAN argued that there is no offence in giving money to a judge, and it is only an offence when the money is given to a judge on account of his judicial functions. He submitted that the sole purpose of the N750,000 that was give to Justice Yunusa was for the sole purpose of assisting Justice Yunusa for his mother’s burial.
The EFCC Lead Counsel in his response urged the court to dismiss Akoni’s submission and convict the SAN. He argued that the prosecution had shown beyond established its case beyond reasonable doubt. The learned trial judge then judge reserved the 30th April, 2018 for delivery of judgment. On the said judgment day, Justice Raliat Adebiyi in a judgment that lasted for over two hours held that the EFCC (EFCC) had proved beyond reasonable doubt that Dr. Nwobike attempted to pervert the course of justice by transferring money into the bank account of a serving federal judge. The Court then convicted Dr. Nwobike on 12 counts of attempting to pervert the course of justice. The maximum penalty on each count of perverting justice is two years jail term. But the judge used her discretion and refused to punish the lawyer with the maximum penalty allowed.
Consequent upon this conviction, the Legal Practitioners Privileges Committee (LPPC) on 21st June, 2018 suspended Dr. Nwobike from the use of the title of Senior Advocate of Nigeria (SAN).

External links/URLs

https://www.vanguardngr.com/2018/02/giving-money-judges-no-offence-defence-counsel/

https://www.premiumtimesng.com/news/top-news/238513-shocking-evidence-shows-senior-nigerian-lawyer-joseph-nwobike-bribed-judges-court-registrar.html

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