A Senior Advocate of Nigeria, Dr. Joseph Nwobike who was sentenced to one month imprisonment in 2018 for perverting the cause of justice as been acquitted by the Supreme Court of Nigeria.
In a unanimous decision by the Apex court on Monday, a five-member panel led by Justice Olukayode Ariwoola, JSC, faulted the earlier decisions of the Lagos State High Court and the Court of Appeal in Lagos, and proceeded to uphold Nwobike’s appeal.
The court held among others 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 judge held 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 noted 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.
The EFCC 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.
