When someone who's at the helms of affairs, slamming bail conditions as if it were daily food suddenly became an accused being granted bail, standing akimbo in the dock with a staggering N10m indemnity, then you know this life is just but nothing.
Dismissed Justice Rita Ofili Ajumogobia was today re-arraigned at the Federal High court Lagos. This time around before Justice R.M Aikawa in a matter between the Federal Republic of Nigeria and Justice Rita Ofili alongside Godwin Obla (SAN) at large in a fraud case involving over N35,000,000 and $655,000 US dollars.
Before the commencement of the proceeding, the prosecution led by Barrister Rotimi Oyedepo notified the court that the second defendant, Godwin Obla (SAN) was no where to be found, efforts to get him was abortive as his phones were permanently switched off, the reason the 1st defendant, Rita Ofili was the only one in court.
The prosecuting counsel thereby prayed the court to take charge and cause the first defendant to plea and also urged the court not to grant bail in this case.
The 18-count charge preferred against the defendant bordering around money laundering and acquisition of wealth through unlawful acts were read out to the accused, Justice who pleaded not guilty to all the charges.
The prosecution counsel thereafter submitted that a trial date be granted and the first defendant, Justice Ajumogobia be remanded in prison custody. And also for the court to grant an order for the 2nd defendant, Godwin Obla (SAN) to appear before it.
The 1st defendant's counsel, Chief I.O Adedipe (SAN) urged the court to grant the defendant bail and decided to retrieve his initial written affidavit and to rely on an oral application.
Chief Adidipe told the court that he can make the bail application orally as this is a special circumstance and urged the court to consider his oral application pursuant to section 6 sub 6 under the Constitution of the Federal Republic of Nigeria and section 158 of the administration of criminal justice act.
The defence counsel also submitted that the court should take judicial notice that Rita Ofili is a judicial official and even the counts refer to her as a judge.
He further stated that the first defendant is presumed innocent by the virtue of section 365 and has taken the plea where she said she is not guilty to the counts drafted by the EFCC.
He continued by saying the offences are bailable and referred to section 158 of the Criminal Justice Act. He also told the court that the defendant has no record of skipping trial nor any further charges against her anywhere.
The prosecution counsel objected and told the court to also take further judicial notice since it involves the law. He went on to say the defence counsel has not demonstrated with cogent facts why bail ought to be granted in respect to section 162A-F of the ACDA.
He therefore urged the court to disregard reference to facts from the bar in support of the oral application such as the first defendant complied to the conditions of bail. He also told the court that Justice Rita had tried to interfere in the judicial exercise by calling one of the witnesses, one Ademola Oshodi to meet up with her at the Church of Assumption so she could guide him on how to answer questions when called up by the EFCC for enquiry.
Barrister Rotimi also reminded the court that the applicant must supply sufficient evidence for their bail application to be granted and also urged the court again to take notice of the decision that had already been takes by the NJC.
Rotimi stipulated clearly that in any case where the court must grant bail, the court should judiciously look into terms in a manner that will permit the first defendant to always appear before the court.
The defence counsel argued that Rita Ofili is still a judicial officer under section 292 1b.
After listening to the arguments on both sides, the court graciously granted the dismissed justice a N10m bail with 1 suretie in like sum, the suretie, according to Justice Aikawa can either be a civil servant not under level 16 working with the federal government or the state government or a person resident in Lagos with landed property and should show evidence of same. The defendant should also deposit her international passport with the DCR of the court before 6pm today and in case of any delays the defence counsel should depose to an affidavit regarding that. As well as 10 days time lapse to complete the bail conditions.
The defence counsel prayed the court to consider the holiday since the defendants passport is still at the Lagos high court and still under the process of retrieval. He also urged the court to release the first defendant to him.
Barrister Rotimi glaringly refused to be party to this arrangement and told the court that he is not comfortable with the SAN standing in as a temporary suretie for the defendant.
The court however ruled that the defendant be released to her counsel, Chief Adedipe pending fulfilment of bail conditions or expiration of the 10 days granted by the court excluding holidays.
The court also granted an order compelling Mr. Obla to appear before the court on the next adjournment date for the purpose of trial and adjourned the matter to the 15th of May 2019.
Chichi Marvis
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