The anti-graft agency, in its appellant’s brief of argument filed against the December 13, 2017 judgment of the Court of Appeal, asked the apex court to “forcefully apply the law” not minding if the interest of a member of the judiciary was involved.
Mr. Wahab Shittu, the lawyer who filed the brief of argument on behalf of the EFCC, on Thursday, argued that the judgment of the Court of Appeal was not based on law.
He said, “Respectfully, the apex court owes a sacred duty and responsibility to forcefully apply the law even when, as in this case, the interest of a member of the judiciary is involved.
“We are optimistic that the Supreme Court appreciates that the law operates on a scale of even balance without discrimination, without favour, not minding whose ox is gored because the Supreme Court is a court of law, a court of justice and a court of highest precedent in our judicial hierarchy.”
He, therefore, urged the apex court to apply the law without discrimination or favour even when a judge is involved.
He said, “Based on the foregoing, we urge this honourable court to allow the appeal, set aside the order striking out the charge against the respondent and direct that the respondent proceed to face his trial before the High Court of Lagos State.
“My Lords, please allow this appeal in the larger interest of respect for the rule of law.”
The EFCC had in June 2017 charged Nganjiwa before the High Court of Lagos State with 14 counts ranging from unlawful enrichment by a public officer to making false information contrary to Section 82(a) of the Criminal Law of Lagos State and Section 39(2)(a) of the EFCC (Establishment) Act, 2004.
On being served with the charges, he filed a notice of preliminary objection challenging the jurisdiction of the trial court to hear the case against him mainly on the grounds that the conditions precedent to the filing of the charges had not been fulfilled.
In its ruling delivered on June 23, 2017, the trial court dismissed the preliminary objection.