The Economic
and Financial Crimes Commission (EFCC), on Wednesday revealed that two of
senior lawyer Joseph Nwobike’s cases led the National Judicial Council
(NJC) to
recommend the dismissal of a former Federal High Court judge, Justice Muhammed
Yinusa.
The
admission came while the EFCC prosecutor, Mr. Rotimi Oyedepo, was
cross-examining Mr. Nwobike (SAN), in his criminal trial at the Lagos State
High Court in Ikeja, in the course of which the prosecutor showed documents to
prove the allegations against Mr. Nwobike.
Mr. Oyedepo
asserted that the NJC recommended the dismissal of Justice Yinusa because of
irregularities in eight cases he had presided over, two of which were filed by
Mr. Nwobike.
According to
him, the judge’s dismissal was recommended after investigations revealed that
his rulings favored Nwobike's clients, Dr. Femi Thomas and Simon Adomene.
Mr. Oyedepo
also displayed a flurry of text messages between Nwobike and one Mr. Jide of
the Federal High Court in Lagos, where Nwobike specifically asked Jide to
ensure that his client, Adomene's case, was assigned to Justice Yinusa.
Showing
Nwobike a letter from the NJC dated November 8, 2016 which was addressed to the
Acting Chairman of the EFCC, Mr. Oyedepo told him that the NJC had considered
the Simon John Adomene suit and Dr Femi Thomas suits he filed against the EFCC.
“In
recommending Justice Yinusa for dismissal, it was the findings of the NJC that
the decision of the judge restraining the EFCC in those cases and five other
cases were contrary to the Supreme Court decision in A.G Anambra V Andy Ubah.
“Out of the
eight cases adjudicated by Justice Yinusa, the handling of which he was
recommended for dismissal, two of those cases were filed by you.”
Adomene, who
was a bursar at the Niger Delta University, was at that time under
investigation by the anti-graft agency.
Nwobike, who
represented Adomene, had filed a suit before the Federal High Court seeking to
restrain the EFCC from arresting, detaining and investigating his client.
The senior
lawyer also asked the court to lift a forfeiture order obtained by the EFCC
which temporarily froze his client's accounts at UBA, Skye Bank and Zenith
Bank.
In a series
of SMS messages with Justice Yinusa, Nwobike asked the former judge to grant
his client's reliefs.
Yinusa then
granted the prayers in favour of Adomene despite a Lagos State High Court order
freezing the account, and also a counter-affidavit by the EFCC opposing the
said relief.
Oyedepo
further revealed that during investigation by the NJC, it was revealed that
Yinusa cited a case between the Attorney General of Anambra State and Ubah
which formed part of reasons for granting Nwobike's reliefs.
The NJC
however recommended Yinusa for sack when it was discovered that the said case
between the AG Anambra State and Uba was contrary to Yinusa's decision and also
because the case which was copiously quoted did not apply to the matter.
Nwobike
however denied knowing that Adomene was a staff of the Niger Delta University
and that he was unaware of an existing court order freezing his client's
account.
Oyedepo also
displayed messages between Jide and one Mr. Baruwa, both of who were members of
staff of the Federal High Court.
In one of
the messages, Nwobike who referred to Jide as 'My Lord', asked for a quick
favour regarding a case between Toyin Subair vs GTB and five others whom he
wanted assigned to Justice Yinusa.
In another
instance, Nwobike sent a text which read, “We need a quick one in this matter,
Transnational Cooperation and AGF,” in which he specifically requested that the
case be assigned to Yinusa.
To which
Jide replied, “I have done it. It would be there in the next ten minutes”.
Nwobike also
asked Jide to assign a case between AMCON and Chief Aribisala to Justice
Yinusa, to which Jide replied that he would inform Mr. Baruwa who would follow
up.
The case was
eventually assigned to Yinusa and Mr. Baruwa in another text replied, “Thank
you sir, I got the message from Felix (Nwobike's litigation officer)”.
It was
further revealed that as of the time Nwobike asked that his cases be assigned
to Yinusa, the cases had not been assigned to any judge.
Accusing
Nwobike of perverting the course of justice, Oyedepo displayed more messages
that Nwobike exchanged with Jide in which he named the judges that he want to
preside over his cases.
“In page
4288, column 9301, you would recall that you forwarded the same suit to Mr.
Jide on January 2, 2015, and this time around suggesting that the case be
assigned to Justice Buba.
“In page
4308, column 9838, you sent the text as shown in this column to Mr. Jide on
December 9, 2014, containing the suit details between AMCON and Mettle Energy
and Gas with suit number FHC/L/CS/18922014 and you suggested Justice Aneke.
“In page
4345, column 10849, you sent a message to Jide on October 8, 2014, where you
said ‘Sorry Kuya, he said that he would start sitting next week, thanks,”
Oyedepo said.
Nwobike is
being tried by the EFCC on an 11-count charge bordering on perverting the
course of justice and offering gratification to public officials.
The judges
involved in the alleged gratification scam are Justice H. A. Nganjiwa and
Justice Musa Kurya, both of the Federal High Court, Lagos; and Justice James
Agbadu-Fishim of the National Industrial Court, Lagos.
The EFCC
also claimed that Nwobike engaged in sending illegal text messages to four
registrars of the Federal High Court in a bid to unduly influence his cases
being tried by the judges.
Accoding to Saharareporters, Nwobike,
however, denied all the charges. He told
the court that money he allegedly gave to the judges as gratification were
“assistance,” explaining that the judges
were old friends with whom he was acquainted while in the university, which was
long before they were assigned as judges.
Justice
Raliat Adebiyi adjourned the matter till July 21 for continuation of Nwobike's
cross examination.
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