By Ikechukwu Nnochiri

The Supreme Court, on Monday, nullified the conviction and 30 days jail sentence that was handed to a Senior Advocate of Nigeria, SAN, Dr. Joseph Nwobike, over his alleged attempt to pervert the course of justice.

Justice Raliat Adebiyi of a Lagos High Court sitting at Ikeja had on May 2018, sentenced Nwobike, based on a charge the Economic and Financial Crimes Commission, EFCC, preferred against him.

Justice Adebiyi convicted Nwobike of 12 out of the 18-count charge against him.

EFCC had alleged that Nwobike was in constant communication with court officials to influence the assignment of his cases to his preferred judges.

He was also accused of offering monetary gratification to judges of the Federal High Court to influence them to give judgments in his favour.

The Prosecution insisted that the embattled lawyer gave N750,000 to a judge before whom he had pending cases, alleging that he equally had constant communication, through text messages, with the registrar of the court.

It alleged that at one occasion, the lawyer, gave an envelope suspected to contain money, to one Mrs. Helen Ogunleye to give to the judge, and followed up with a message that the registrar should tell “him to discharge the order.”

Meanwhile, the trial court, which held that the Prosecution proved its case beyond reasonable doubt, sentenced the Defendant to one month imprisonment on each of the counts, stressing that the sentences would run concurrently.

Dissatisfied with the verdict, the senior lawyer, who had since served his sentence, took the matter to the court of appeal.

In his 14 grounds of appeal, Nwobike, urged the appellate court to quash his trial and conviction.

While dismissing the appeal as lacking in merit, a three-man panel of Justices of the appellate court, affirmed the trial court’s judgement.

The appeal court panel held that the Appellant was properly convicted in accordance with Section 97(3) of the Criminal Law of Lagos State.

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It however discharged and acquitted him of the charge of offering gratification to a Federal High Court judge, Justice Mohammed Yinusa.

Not pleased with the decision of the appellate court, Nwobike, lodged an appeal at the Supreme Court.

While praying the apex court to discharge and acquit him, the senior lawyer accused the two lower courts of miscarriage of justice.

In a unanimous decision on Monday, a five-man panel of Justices of the Supreme Court led by Justice Olukayode Ariwoola, upheld Nwobike’s appeal.

The apex court held that the High Court of Lagos was wrong in convicting the Appellant on the alleged offence.

It further faulted the Court of Appeal for upholding the conviction and sentencing.

The apex court noted that Section 97(c) of Administration of Criminal Justice Law (ACJL) of Lagos State, under which he the Appellant was charged, did not clearly define what constitutes perversion of justice.

It held that the EFCC lacks the power to investigate and prosecute the offence of perversion of the course of justice.

Consequently, the apex court issued an order setting aside the Appellant’s conviction and sentence.

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