Nwobike is standing trial before Justice Raliat Adebiyi on charges bordering on an attempt to pervert the course of justice and offering gratification to a public official.
Monday, defence counsel, Mr. O. Akoni, informed the court that the charges against Nwobike were unconstitutional and he intended to make a no case submission.
Denying a claim by prosecution counsel, Rotimi Oyedepo, that the defence had filed “a harvest of motions”, Akoni told the court that his client looked forward to a speedy trial.
He said: “We have another application but we want it taken after the prosecution has closed its case so that we can start trial without delay. We intend to make a no case submission.
“I want us to move faster. We’re saying among other things that this charge is unconstitutional.”Opposing the defendant’s application, the prosecution said it was defective.
“The applicant’s application violates S.158 of the Administration of Criminal Justice Law, if read together with Section 212.”He argued that if such an application is found to be incurably defective, the court would have no option but to strike it out, “Instead of keeping it in abeyance.”
In her ruling, Justice Adebiyi upheld the defendant’s submission.
“The defendant’s application will not prejudice the prosecution’s case,” the judge ruled.The case was adjourned till April 21 and 22 for the prosecution to open its case.
On April 9, Nwobike was arraigned by the anti-graft agency on allegations that he gave the sums of N750, 000 and N300, 000 to Justice Mohammed Nasir Yunusa of the Federal High Court to influence the judge to pervert the course of justice.
He denied the charges and was granted bail on self recognizance.
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