Metro
Supreme Court nullifies senior lawyer Nwobike’s conviction
Published By
Kazeem Ugbodaga
Date
20th December, 2021
Quick Read
The Supreme Court has nullified the conviction and 30 days sentence of a Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike.
By Akin Kuponiyi
The Supreme Court has nullified the conviction and 30 days sentence of a Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike.
He was charged with attempt to pervert the course of justice.
In a unanimous decision on Monday, a five-member panel of the Supreme Court, led by Justice Olukayode Ariwoola, faulted the earlier decisions of the Lagos High Court and the Court of Appeal, Lagos, division and proceeded to uphold Nwobike’s appeal.
The apex court declared that the High Court of Lagos Lagos State was wrong in convicting Nwobike on the offence, while the Court of Appeal erred in law in upholding his conviction and sentencing him on the offence of attempted to pervert the course of justice.
The apex court observed that Section 97(c) of Administration of Criminal Justice Law (ACJL) of Lagos State, under which he was charged, did not clearly define what constitutes perversion of justice.
It added that the Economic and Financial Crimes Commission (EFCC) lacks the power to investigate and prosecute the offence of perversion of the course of justice.
The EFCC, through accused the senior lawyer. of exchanging SMS with a court’s Registrar on the assignment of his cases and when such cases should be heard.
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Dr Joseph Nwobike
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