EFCC alleges another
SAN gave judge N750,000
Another Senior Advocate of Nigeria
(SAN), Dr Joseph Nwobike, paid N750,000 into the account of Justice Mohammed
Yunusa of the Federal High Court, the Economic and Financial Crimes Commission
(EFCC) alleged Wednesday.
The allegation is contained in a
counter-affidavit filed in opposition to a further and better affidavit filed
by Rickey Tarfa (SAN).
Justice Mohammed Idris Wednesday
ruled that Tarfa could adduce new evidence through the further affidavit
deposed to by a lawyer, Mohammed Awwal Yunusa.
In the further and better affidavit,
the lawyer said the bank account, which EFCC said Tarfa used to bribe Justice
Yunusa, belongs to him, and not to Justice Yunusa as EFCC alleged in its
counter-affidavit to Tarfa’s suit.
The lawyer said Tarfa gave him N225, 000
on January 7, 2014 to help finance his masters in Law degree.
But EFCC has alleged that Tarfa was
not the only SAN to pay money to Justice Yunusa’s account.
An EFCC operative, Moses Awolusi,
said there were new revelations about judges being allegedly induced through “a
network of senior lawyers”.
“Investigation has also shown that as
part of this chain of fraud, Mr. Joseph Nwobike (SAN) also transferred the sum
of N300, 000 to Hon. Justice H.A Nganjiwa.
“Investigations further revealed that
Hon Justice M.N Yunusa as part of this scheme of fraud also received the sum of
N750, 000 from Mr. Joseph Nwobike SAN and Co,” the EFCC investigator said.
But Nwobike, in a statement to the
anti-graft agency, which was also attached to the affidavit, explained that the
money was not meant to bribe the judge.
He said it was the judge who asked
him for financial assistance in respect of his mother who was undergoing
dialysis due to failing kidney.
“Sometime ago, Justice Yunusa
requested to see me. When I got there, he pleaded with me to assist him with
some funds since his mother was under dialysis.
“He stated that her kidney had parked
up and that he needed assistance to cure her. I felt sorry for him. I told him
that I did not have funds, but that I would assist him when I had some money.
“I requested for his account details
which he obliged me. When I got some money about two weeks after, I gave the
money to him and he thanked me when he saw me along the corridor of the court
of the Federal High Court, Ikoyi,” Nwobike said.
Justice Idris ruled that he would
consider the further and better affidavit filed in support of Tarfa’s
N2.5billion fundamental rights suit.
The Senior Advocate sued EFCC for
allegedly violating his rights after he was arrested for hiding two suspects,
Nazaire Sorou Gnanhoue and Modeste Finagnon, both Beninoise, in his Mercedes
Benz Sports Utility (SUV) vehicle, thereby shielding them from arrest.
EFCC, its chairman Ibrahim Magu,
Moses Awolusi, who arrested Tarfa, and Deputy Director Operations, EFCC, Lagos
office, Iliyasu Kwarbai are the respondents.
Tarfa demanded N2.5billion, sought an
order of perpetual injunction restraining the respondents and their agents from
further violating his rights, and asked for N20 million as cost of the suit,
among others.
Justice Idris ruled: “A court will
allow a party re-open and adduce further evidence in circumstances of
unavailability of the evidence during trial or hearing and in the interest of
justice.
“Interest of justice involves an
indulgence, even though it ought to be confined to matter arising ex-improviso,
which no human ingenuity could have foreseen. There must have been no
indolence, surprise, or otherwise an intention to overreach the other party.
“The evidence sought to be adduced by
the applicant (Tarfa) was one that was not available previously in reply.
“From the nature of the evidence, it
is my respectful view that it is in the interest of the parties and to court
that it be allowed at this stage of proceedings for whatever it is worth.
“I do not consider it repugnant to
justice and one intended to overreach the case. I shall stop here and say no
more. The application succeeds and it is granted as prayed.
“The respondents (EFCC and others)
are at liberty to respond to the fresh evidence adduced by the applicant
herein.”
It was in the response filed by its
lawyer Wahab Shittu that EFCC alleged that Nwobike paid the money to Justice
Yunusa.
Justice Idris adjourned until today
for hearing.
Reporting GWD........
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