FEDERAL REPUBLIC OF NIGERIA V. HON. JUSTICE HYELADZIRA AJIYA NGANJIWA
(2022) JELR 111506 (SC)
Supreme Court
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SC.794C/2019
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27 May 2022
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Nigeria
Coram
OLUKAYODE ARIWOOLA, JSC
CHIMA CENTUS NWEZE, JSC
AMINA ADAMU AUGIE, JSC
UWANI MUSA ABBA AJI, JSC
HELEN MORONKEJI OGUNWUMIJU, JSC
ADAMU JAURO, JSC
EMMANUEL AKOMAYE AGIM, JSC
Appearances
J. S. Okutepa, SAN, for the appellant; with him, Wahab Dhittu; Rotimi Oyedepo; Abiola Kolawole and Abdulkareem Musa;
Ahmed Raji, SAN, for the respondent; with him, Yinka Ajana and Olabode Aliyu.
Judgement
<p><strong>CHIMA CENTUS NWEZE, JSC (Delivering the Leading Judgment): </strong>The respondent herein is a serving Judge of the Federal High Court. He was arraigned before the High Court of Lagos State (hereinafter, simply, referred to "the trial court) on a fourteen-count information. The alleged offences ranged from unlawful enrichment by a public officer to making false information contrary to Section 82 (a) of the Criminal Law of Lagos State, No. 11, 2011 and Section 39 (2) (a) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 ("EFCC Act").</p><p>Upon his said arraignment, the respondent filed a Notice of Preliminary Objection challenging the jurisdiction of the trial court to hear the case against him. His main ground of objection was that, being a serving judicial officer, he should be first subject to the disciplinary control of the National Judicial Council. This, he stated, was a condition precedent to the filing of the information, which had not been fulfilled. The trial court, …</p>