Admin l Friday, March 09, 2018
IKEJA, Lagos – A Lagos High Court sitting in Ikeja, has fixed April 23, 2018 to rule on Justice Mhammed Yinusa’s submission to quash corruption charges levelled against him by the Economic and Financial Crimes Commission, EFCC.
Justice Yinusa was charged for allegedly receiving the sum of N1.5million through his co-defendant, Esther Agbo in other to give decisions in favour of the Chambers of the Law Firm of Rickey Tarfa. He was arraigned on five counts charge alongside EstherAgbo, a staff of the Law Firm of Senior Advocate of Nigeria, Rickey Tarfa. Justice Sherifat Sholebo fixed April 23 for ruling after a lengthy arguments from counsels to both Rickey Tarfa and the EFCC. At the last proceedings on February 20, 2018 the two defendants informed the court that they had filed separate preliminary objections to the charges.
They pleaded not guilty to the charges. When the matter was called today, counsel to Yinusa, Robert Clarke (SAN) argued that justice must follow due process of law. There are constitutional provision as to the discipline of a judicial officer. He said, “out of the five count charges against the defendant, three has been adjudged not guilty by the National Judicial Council (NJC). The two remaining claimed he was sanction was not in the face of the charges.
“According to the constitution, the position of the NJC must be approved by the presidency and its over 22 months now. In count three and four,there was no petition to the NJC and EFCC rushed to the court without following due process. The prosecution is asking your lordship to review the judgment of Court of Appeal, the document speaks for its self. If due process is followed, the defendant is there, the document is incompetent, it cannot be admitted and cannot be used for any purpose. So your Lordship cannot rely on it.” Clarke argued.
Also, second denfendant counsel, T. Odubela (SAN) argued on his preliminary objection dated February 8, 2018. He said that EFCC amended information dated June 14, 2017 and that it was grossly incompetent. He argued that it violates the provision of Section 66 (2) of the Criminal Law of Lagos State. In his response, EFCC counsel, Wahab Shittu argued that NJC with the virtue of Section 153, 158 of the Constitution, has power to appoint, dismiss and discipline any judicial officer.
” There is no where in section 153 that judicial officer cannot be tried. This is a peculiar matter, reference has been made to the NJC, the judge was investigated. The council had already decided to sanction, suspend him from office and recommend him for compulsory retirement.Part of the allegation against the defendants was unprofessional misconduct, interference with the cause of justice and communication on the suit pending before him. The defendants are not entitled to judicial immunity.”
Shittu urged the court to refused the defendants applications, noting that the offences was constituted under the jurisdiction of the court. Drew the court attention to the Criminal Code Law of Lagos 2011. He added that section 254 (c) (5) is not exclusive to industrial court.
The judge subsequently adjourned ruling till April 23, 2018.
