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Published On: Tue, Dec 12th, 2017

EFCC lacks power to prosecute serving judges, Appeal Court rules

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By Johnson John with agency report

The Court of Appeal in Lagos has cancelled out the criminal charges filed by the Economic and Financial Crimes Commission (EFCC) against a serving judge of the Federal High Court, Justice Hyeladzira Nganjiwa.
This is even as the Court of Appeal ruled that the EFCC lacks power to investigate or prosecute serving judicial officers except where such officers have been dismissed by the National Judicial Council.
The judgment was delivered in a suit between the EFCC and a judge of the Federal High Court, Hydiazira Nganjiwa.
According to reports, the appellate court’s decision overturned the earlier decision of a high court in Lagos.
The EFCC had arraigned the judge for allegedly receiving a total of $260,000 and N8.65m gratification to enrich himself as a public official.
The anti-graft agency claimed that the judge received the money through his bank account between 2013 and 2015 and could not explain the source of the funds.
Justice Nganjiwa was also accused of giving false information to operatives of the EFCC.
However, following an appeal by his lawyer, Chief Robert Clark, the Court of appeal yesterday cancelled out the charges.

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