YOU HAVE CASE TO ANSWER, COURT TELLS SUSPENDED JUDGE, JUSTICE MOHAMMED YINUSA

IKEJA, Lagos – A Special Offences court sitting in Ikeja, Lagos today told suspended judge of the Federal High Court, Lagos, Justice Mohammed Yinusa that he has a case to answer. His defence counsel Chief Robert Clarke (SAN) had on March 9, in a preliminary objection said the embattled judge had been absolved of the corruption charges by the National Judicial Council (NJC). Ciiting the case of Federal Republic of Nigeria Vs Nganjiwa, Clarke argued that for Yinusa’s dismissal to be valid, President Muhammadu Buhari had to give a recommendation for his suspension.

In her two hours ruling, Justice Solebo said that contrary to the arguements, the suspended judge has to face trial. Referring to a November 8, 2016 letter from the NJC to the Economic and Financial Crimes Commission (EFCC) suspending the judge, Justice Solebo noted that the NJC had already exercised disciplinary action against the embattled judge.

“I do not think that the defendant is a sitting judge having been suspended, I thereby agree that prosecution cannot be brought until the NJC exercises its disciplinary powers against a judicial officer. Going through Nganjiwa’s case there is no evidence that the NJC investigated Nganjiwa but in the case against the first defendant (Yinusa) the NJC on its 76th meeting investigated him.

“What is left to be done? The NJC has done what it is empowered to do, it is my decision that I am not bound by Nganjiwa Vs Federal Republic of Nigeria. It is my conclusion that the first defendant has to defend himself in the information filed by the prosecution. It is my decision that this court has jurisdiction on the charges filed against the first defendant in this case and the notice of preliminary objection is dismissed,” Justice Solebo said.

Reacting to the prosecution judgment, Mr Wahab Shittu, the prosecuting counsel for the EFCC thanked the judge for her decision.

“I thank My Lord for this ruling, this is an uncommon display of judicial courage this cannot be called judicial rascality, we commend this ruling,” Shittu said. The EFCC had arraigned Yunusa, formerly a judge of the Lagos Division of Federal High Court, alongside Esther Agbo, a staff of  the law chambers of Mr Rickey Tarfa (SAN) on January 17.

Yunusa was arraigned on four counts charge of attempted perversion of the course of justice and corruption by a public official, while Agbo was charged with offering gratification to a public official.They, however, denied the charges. According  to the EFCC, Yunusa had constant and confidential communications with Tarfa, who was handling three lawsuits marked FHC/L/CS/714/2015, FHC/L/CS/715/2015 and FHC/L/CS/716/2015 before him. The EFCC also alleged that Yinusa collected N1.5 million bribe from Tarfa for the purpose of giving favourable rulings and judgments in the cases.

In addition, Justice Yinusa was accused of receiving N750, 000 from Mr Joseph Nwobike (SAN), between March 2015 and September, 2015, to get “favourable” judgment  in some cases. Agbo, the second defendant who is an employee of Rickey Tarfa and Co., on May 14, 2015 paid the N1.5 million allegedly from Tarfa into Yunusa’s UBA account number 1005055617, contrary to sections 64(1)(a) and 97(3) of the Criminal Law of Lagos State, 2011.

Justice Solebo in the ruling noted that the offence in which Agbo was charged under Section 64(1)(a) of the Criminal Law of Lagos was known to law.

“It is my opinion that the amended information is validly issued, I do not find merit in the objection and same is held in favour of the applicant,” the judge said. Justice Sherifat Solebo adjourned the case until June 11, 13 and 14 for trial.