The legal prosecuting team of the Economic and Financial Crimes Commission, EFCC, on Tuesday in Lagos confronted Joseph Nwobike, a Senior Advocate of Nigeria, with various text message evidence that he allegedly sent to court officials to unduly influence cases he was handling.
This development comes as the accused, Mr Nwobike is being tried by the EFCC on an 11-count charge bordering on perverting the course of justice and offering gratification to public officials at an Ikeja High Court, The News Agency of Nigeria reports.
The anti-graft agency had alleged that Mr Nwobike offered gratifications to some judges of the Federal High Court and the National Industrial Court to influence them to act contrary to their official capacities.
The agency also claimed that Mr Nwobike engaged in sending illegal text messages with four registrars of the Federal High Court in a bid to unduly influence his cases being tried by the judges.
Mr Nwobike responding to the claims, however, denied all the charges.
On July 3, while being led in evidence by his defence counsel, Olawale Akoni, Mr. Nwobike had told the court that the money he allegedly gave to the judges was not gratification but “assistance”.
He insisted that the judges were old friends with whom he had been acquainted with while in the university long before they were assigned as judges.
A compact disc (Exhibit P21) allegedly containing text messages from the SAN’s seized mobile phone (Exhibit P18) was projected on a screen during the cross-examination of Nwobike.
Rotimi Oyedepo, the lead prosecution counsel of the EFCC during the proceedings on Tuesday, accused Mr Nwobike of sending text messages to Mr Baruwa, a clerk of the Federal High Court, Lagos.
He claimed that Mr. Nwobike was aware that Mr. Baruwa worked with one Mr. Jide, a Deputy Registrar of the court.
Responding, Mr Nwobike said: “I know Mr Baruwa, he is a clerk of the Federal High Court, I do not know he works with Mr Jide, he told me that his office is directly opposite Mr Jide’s office.
“I have had cause to send messages to Baruwa in the course of my duties just like any other legal practitioner.”
Disputing Mr Nwobike’s claims, Mr Oyedepo had insisted that Mr Nwobike was aware that the clerk shared office with the Deputy Registrar.
“Would you be surprised if I tell you that Baruwa works directly with Mr Jide in the Federal High Court and that his desk is opposite Mr Jide’s desk.
“Baruwa informed you in a text that Mr Jide is back in the office,” he said.
Mr Nwobike again denied reading the text message from Mr Baruwa.
Mr Oyedepo, however, confronted him with the evidence on the screen in the courtroom that he actually read the text message.
Mr Oyedepo showed him text messages in which details of lawsuits were allegedly sent by Nwobike to Baruwa in a bid to assign the cases to some specific judges.
“On page 3984 of exhibit P21, there was a text from you to Mr Jide in which you mentioned a case AMCON V Bizel Finance and Investment Ltd.
“At 12.59 p.m. on September 4, 2015, you forwarded the suit details of First Bank V O.P.I International Ltd, you mentioned that the suits should be assigned to Justice Buba.
“As at September 4, 2015 when you sent that text message, the matter was not yet assigned to any judge and on Nov. 27, 2015, at 10.46 am, you sent a text message to Mr Jide giving details of Godwin Ewekolu Vs Inspector General of Police.
“When the text was forwarded, Justice Kurya was a judge of the Federal High Court and you impressed it on Jide that it was very urgent that the case be assigned to him.
“In the suit between Skye Bank Plc and Brokeyard Marine Oil and Gas Services Ltd, you forwarded the suit details to Mr. Jide as shown on the screen.
“As at the time you forwarded the suit details to Mr. Jide, Brokeyard Marine Oil and Gas Services Ltd were under investigation by the EFCC.
“The Kurya J you mentioned in that text message is Hon. Justice Kurya of the Federal High Court,” he said.
Mr Nwobike denied Mr Oyedepo’s accusations, saying “The text messages I sent were just confirmation text messages.
“On whether I knew that Brokeyard Marine Oil and Gas Services were under investigation by the EFCC, I don’t know because I don’t work for the EFCC.”
Mr Oyedepo also accused Mr Nwobike of obstructing the prosecution of Femi Thomas, his client, who was allegedly caught at the Muritala Muhammed International Airport with 200 million dollars.
“On November 11, 2015, you sent a message to Mr Jide of the Federal High Court about a criminal charge filed against your client Dr Femi Thomas asking that it should be assigned to Justice Seidu.
“This suit was suit was eventually assigned to Justice Seidu and as at 1.23 p.m. on the day you sent the text, this matter was not assigned to any judge.
“Are you aware as a SAN that it is an offence not to declare an amount exceeding $10,000, are you aware that the amount your client travelling with was 200 million dollars?
“In a desperate bid to prevent the EFCC from continuing the investigation, you instituted a fundamental rights action (exhibit P23).
“You forwarded details of this suit in a text to Mr. Jide and in the usual manner, you mentioned Justice Yinusa to handle the case.
“Upon instituting this suit, the EFCC appeared before Justice Yinusa and the matter was resolved by His Lordship; you also did not file any process for the execution of the order you bought from Hon. Justice Yinusa.
“On November 9, 2015, Felix Deckon your litigation officer forwarded a text message forwarded a text message to Mr Jide.
“Text contained details of the charge preferred against your client by the EFFC,” Mr. Oyedepo said.
“I will not agree with you that in a desperate bid to stop the EFCC, I filed the fundamental rights action.
“The money in question was $2.2million and not $200million and my client was asking for the return of the $2.2million seized from his agent at the airport.
“I forwarded details of this suit to Mr Jide for confirmation purposes,” Mr. Nwobike claimed.
The EFCC also accused the lawyer of undue interference in a case involving Beauty Akpobolokemi and the anti-graft agency.
Beauty Akpobolokemi is the wife of Patrick Akpobolokemi, the former Director General of the Nigerian Maritime Administration and Safety Agency, NIMASA, standing trial over alleged fraud.
“On November 9, 2015, you received and read a message from Mr. Baruwa of the Federal High Court forwarding the details of a case between Beauty Akpobolokemi and the EFCC.
“The text informed you that the case has been assigned to Justice Rita Ofili-Ajumogobia and you filed a suit against the EFCC.
“You filed the suit against the EFCC in the middle of an EFCC investigation of Patrick Akpobolokemi.
“Prior to November 9, 2015, you forwarded a text to Mr. Jide where the name of Justice Rita Ofili-Ajumogobia was mentioned.
“At 8.50 a.m. on that day, you sent a text to Mr. Baruwa saying ‘Okay please take the file there now.’
“At 5.32 p.m., you forwarded the particulars of the case to Jide and this matter was eventually assigned to Justice Ajumogobia,
“Before Beauty Akpobolokemi suit was filed, you sent some names to Mr. Baruwa to monitor in case the EFCC prefers some charges against them,” Oyedepo said.
“I don’t know when the case of Beauty Akpobolokemi Vs the EFCC was assigned, it is not correct that I sent some names to Baruwa to monitor in case the EFCC files some charges,” Mr. Nwobike said.
Showing the SAN the documents on the screen in the courtroom, Mr. Oyedepo said “At 9.38 a.m. on November 5, 2015 you received and read a text from Mr Baruwa.
“The text read ‘good morning sir, no charged have been filed against those clients by the EFCC…’
“Your reply was ‘Thanks I am grateful.’