Justice Eze Njemanze of the Imo State High Court, Owerri, on Friday fixed October 14, 2019 for ruling on the application filed by a former presiding judge of Owerri Federal Court of Appeal, Justice Ladan Tsamiya, challenging the decision of the Independent Corrupt Practices and Other Related Offences Commission to arraign him for allegedly demanding N200m bribe from a politician to influence a case before him.
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Counsel for the accused judge, David Adegbe, told the court that the anti-graft agency had no legal right to arraign his client after the National Industrial Court had declared as null and void his dismissal as a judge by the National Judicial Council.
He contended that the planned arraignment of Tsamiya by the ICPC when there was a subsisting court judgment reinstating him made a mockery of the judgment of a court of competent jurisdiction, which had not been set aside.
Calling on the court to quash the ICPC’s arraignment notice, Adegbe said that the judgment of the NIC had vindicated his client.
He said that the NJC did not follow due process in hearing and subsequently dismissing the judicial officer.
But counsel for the ICPC, George Lawan, argued that since the NJC had not reinstated Tsamiya, the accused judge could be arraigned.
Lawan said that in the eyes of the law, Tsamiya was not a judge.
He urged the court to strike out the application so that the arraignment of the accused could commence.
After listening to the both parties, the judge fixed October 14, 2019 for ruling.
Tsamiya was in court on Friday for the first time.
Our correspondent recalled that the presiding judge had on June 7 threatened to issue a bench warrant against Tsamiya if he failed to appear before him on July 5.
ICPC alleged that Tsamiya demanded N200m bribe from a politician to influence an election matter brought before him in 2015.
The allegation led to his suspension from the bench and subsequent dismissal by the NJC.
However, the NIC ruled that he should be reinstated.
The Head of Public Enlightenment, ICPC in Imo State, Chinwe Nwozo, told our correspondent after the court session that the anti-graft agency would pursue the case to a logical conclusion.
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