THE corruption suit filed against a judge of the National Industrial Court, Justice James Agbadu-Fishim was on Thursday struck out by a Lagos State High Court.
The presiding Judge, Justice Raliatu Adebiyi struck out the suit after maintaining that the Economic and Financial Crimes Commission (EFCC), lacks the power to try a sitting judge.
The Court of Appeal case of Justice Hyeladzira Nganjiwa vs the Federal Republic of Nigeria, stating that the court lacks jurisdiction to hear the case, formed the grounds on which the suit against Fishim was dismissed.
The summary of Nganjiwa’s case is that the EFCC does not have the powers to investigate or prosecute serving judicial officers except where such judicial officers have first been dismissed or retired by the National Judicial Council (NJC).
Justice Adebiyi on Thursday in her ruling maintained that Agbadu-Fishim was not investigated and dismissed by the NJC before being prosecuted by the anti-graft agency.
“The defendant is a judge of the National Industrial Court (NIC) and is standing trial for unlawful enrichment contrary to Section 82 of the Criminal Law of Lagos 2011.
“The defendant had not been removed by the NJC which is a condition precedent through the NJC received a letter from the prosecution and gave the latter permission to prosecute the defendant,” she said.
Adebiyi also noted that though NJC directed the head of the National Industrial Court to order that Agbadu-Fishim stop sitting, no petition was filed at the NJC against the embattled judge.
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“The suit is struck out due to non-compliance with the conditions precedent,” she said.
Following the ruling, defence counsel to Agbadu-Fishim, Prof. Amuda Kanike (SAN) in an oral application, requested that the international passports of the embattled judge that was in the court be released to him.
Justice Adebiyi granted Kanike’s request.
Nigerian Tribune recalls that the EFCC had arraigned Agbadu Fishim for allegedly receiving N4.4million from seven Senior Advocates of Nigeria (SAN), a lawyer and a law firm from 2013 to 2015.
The seven SANs that were accused of unlawfully enriching the judge are Felix Fagbohungbe, Paul Usoro, Uche Obi, Muiz Banire, Adeniyi Akintola Gani Adetola Kazeem and Joseph Nwobike.
Agbadu-fishim had, however, denied charges.
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