The Supreme Court of Nigeria has set aside the 30 days sentencing of Joseph Nwobike, a Senior Advocate of Nigeria.
Nwobike was charged with attempt to pervert the course of justice.
In an unanimous decision, a five-member panel of the Supreme Court, led by Justice Olukayode Ariwoola, faulted the earlier decisions of the Lagos High Court and the Lagos Court of Appeal, and proceeded to uphold Nwobike’s appeal.
Also Read: PDP Crisis: Uche Secondus appeal suffers setback at Supreme Court
The Apex court held among others that the High Court of Lagos was wrong in convicting Nwobike on the offence, while the Court of Appeal erred in upholding his conviction and sentencing on the offence of attempt to pervert the course of justice.
The apex court also noted that Section 97(c) of Administration of Criminal Justice (ACJL) of Lagos State, under which he was charged, did not clearly define what constitutes perversion of justice.
The court 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 its counsel, Rotimi Oyedepo had, among others, accused him of exchanging SMS with a court’s Registrar on the assignment of his cases and when such cases should be heard.
(Editor: Anoyoyo Ogiagboviogie)
