The embattled judge, Justice Rita Ofili-Ajumogobia, has challenged the jurisdiction of the trial court presiding her case.
Justice Ofili-Ajumogobia through her counsel, Chief Robert Clark (SAN), filed the application before the court, stating that the court does not have the power to hear the substantive case.
Clark noted that they have two applications before the court, but one had been treated while the second application is the one challenging the court jurisdiction.
“We have two pending applications before this court and one was taking during the last proceeding but we are yet to receive a response from the court,” Clark said.
The presiding judge, Justice Hakeem Oshodi, in response, said, “You people just shot yourselves at the foot because this application should have been taken first and it is obviously not ripe for hearing
“For that same reason, every other application must wait for this particular one to be taken; because if I don’t have jurisdiction, how can the case continue?”.
But Godwin Obla’s counsel, Mr. Ifedayo Adedipe (SAN), noted that the application before the court is just for the first defendant.
“Even though this is a joint trial, the application before your Lordship is for the first defendant and not of the second defendant,” Adedipe said.
Clark, however, aligned himself with Adedipe.
“If my motion would delay the second defendant matter, I would, therefore, withdraw my motion temporarily to allow the defendant take his motion “.
Justice Oshodi in response, said, “This is not a game of chess and this court would not permit such. This is law and not where people play by assumptions or chance”.
The judge reiterated that he still maintains his position and adjourned the matter till April 28, 2017, as previously fixed for hearing of the pending application.
It will be recalled that the first defendant, Justice Ofili-Ajumogobia, a serving judge of the Federal High Court, is being prosecuted alongside Obla by the Economic and Financial Crimes Commission.
The embattled judge and the SAN were arraigned on November 28, 2016 on 30 counts.
The anti-graft agency had alleged that the second defendant, Obla, while appearing in a matter before Justice Ofili-Ajumogobia, offered a gratification of N5m to the judge to allegedly induce the judge to refrain from acting in the exercise of her official duties as a public officer.
Justice Ofili-Ajumogobia was also accused of receiving a total of $793, 800 in several tranches from different sources between 2012 and 2015.
The EFCC claimed that the embattled judge and the SAN acted contrary to sections 64 (1) and 97 (1) of the Criminal Law of Lagos State, No. 11, 2011. they both pleaded not guilty to charges preferred against them, after which Justice Oshodi granted them bail on self-recognisance.