Judge Warns Defence Counsel, Threatens Bail Revocation over Witness Interference
Justice F. O. Giwa-Ogunbanjo of the Federal High Court sitting in Independence Layout, Enugu State has issued strong warning to a defence counsel, Barrister Benjamin Chukwuemeka Nwobodo, for constantly interfering with the prosecution witnesses by harassing and intimidating them within and outside the court premises.
Nwobodo is being prosecuted by the Enugu Zonal Directorate of the Economic and Financial Crimes Commission, EFCC on a five-count charge bordering on forgery and obtaining by false pretence to the tune of N12,000,000.00 (Twelve million Naira). The defendant, who announced legal representation for himself upon arraignment, pleaded not guilty, thereby setting the stage for his trial. He was granted bail based on self-recognizance.
When the matter came up on Wednesday, March 4, 2026, counsel to the EFCC, Chief Superintendent of the EFCC, CSE Chikezie Raymond Edozie brought to the notice of the court, the constant intimidation and harassment of prosecution witnesses within and outside the Court premises by Nwobodo. “My lord, this afternoon, while I was seated here, someone came in and told me that Nwobodo was shouting at my witness. I went outside and saw him actually shouting at my witness.”
After listening to the prosecution, Justice Giwa-Ogunbanjo asked the PW5 if there was any form of intimidation by the defendant towards him, outside the courtroom and he said “the defendant was asking me why did I come here and when counsel to EFCC called me, he asked me not to go”.
After listening to the narration, Justice Giwa-Ogunbanjo issued a strong warning to the defendant and threatened to revoke his bail if he interferes with any of the prosecution's witnesses henceforth. “Mr. Nwobodo, did you know that interfering with the prosecution witnesses is a serious matter for which I can revoke your bail? I granted you bail on self-cognizance and you have been enjoying that bail. If you, being on bail will mean you interfering with prosecution witnesses, I will revoke your bail. Let it be the last time that I will hear a complaint from the prosecution that you interfered with their witnesses. The next time I get a report that you accosted any of the prosecution witnesses, I will revoke your bail. Why should you do that? The prosecution complained that you interred with him and his witness, the PW1. Now PW5? Make sure I don’t get such complaints again”, the court said.
Earlier, the prosecution led in evidence the PW4, an Assistant Commander of the EFCC, ACE II Joshua Oloye, a forensics expert from the Commission’s Forensics and Crime Laboratory Department, FCLSD who identified two sets of documents; the first, a letter of request to determine whether the disputed signatures on the purchase receipts and the Power of Attorney were written by the same person; the second was the forensic report which contains the results of the forensic examination conducted.
When asked to tell the court about his findings, Oloye said “from my analysis, the disputed signatures marked X to X3 do not bear internal resemblance with the known specimen signatures marked A to A5 that were provided for comparison. The disputed signatures were not written by the same person who wrote the known specimen signatures”. It was determined through the PW4 that the defendant forged signatures on the Power of Attorney and three land purchase receipts he issued to buyers.
The documents were admitted in evidence and marked as exhibit 39, 1 to 11; and exhibit 40, 1 to 8.
The prosecution also presented the PW5, Christopher who also narrated to the court, how the defendant sold three plots of land to him in the sum of N3.7 million, adding that he was also given a Deed of Assignment and a Survey plan. He stated that he developed two plots and that “at one point, someone came to disturb the remaining plot, claiming the land belonged to someone in London”.
The matter was thereafter adjourned to March 12, 2026 for continuation of trial.
Count three of the charge reads: “That you, Benjamin Chukwuemeka Nwobodo on the 15th day of January 2014 within the jurisdiction of this Honourable Court with intent to defraud, obtained the sum of N9,000,000.00 from one Wilson Ikeani Igwe under the false pretence of the sale of three plots of land situated at Emene, Enugu State to him, a pretence you knew to be false and thereby committed an offence contrary to Section 1 of the Advanced Fee Fraud and Other Related Offences Act, 2006 and punishable under Section 1 (3) of the same Act”.
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