Admin l Wednesday, Nov. 14, 2018
LAGOS, Nigeria – A Special Offences Court sitting in Ikeja today threatened to stike out suit filled by the Economic and Financial Crimes Commission, EFCC against Justice Mohammed Yunusa of National Industrial Court of Nigeria (NICN) for showing lack of respect for the court. Justice Sherifat Solebo gave the threat during cross examination of the third prosecution witness, an EFCC Operative Mr. Moses Awolusi by Mr. J. O Odubela, SAN, from the Rickey Tarfa Chambers.
Solebo said the trial will be stalled f the EFCC fails again to produce subpoena relating to the investigation on the judge. At previous proceeding, the judge had ordered EFCC to produce certified true copies of investigation reports of EFCC on the embattled Justice Yunusa.
The order was for EFCC to produce in court today investigation reports of EFCC dated 23rd February and a letter by Oludolapo Adejide of Falana and Falana Chambers dated 22nd June 2016 respectively. Mr. Odubela, a Senior Advocate of Nigeria, had submitted after his cross examination of Awolusi that the matter was adjourned on the premise that the said documents should be tendered in court, upon which the judge adjourned in October to recovene today.
He was however surprised that their demands, that is defence counsel and the court’s were not met. “Our demands… my Lord, was not the letter dated 21st July 2016, 13th March, 12 October, my Lord, I referred to subpoena issued by this honourable court. I referred to two letters. This is an affront on this court. Nobody is above the Law. I don’t even feel that Mr. Shittu has sat down with this witness to produce those two documents dated 23rd February 2016 and 22nd June, 2016, to have now brought wrong documents.
The defence counsel further argued that the act was deliberate. EFCC counsel, Mr. Wahab Shittu however contended that the learned counsel maligned his reputation and informed the court that the subpoena was served on the agency late yesterday and what it produced in court are the reports in the custody of the commission.
He added that from the briefing from the witness, “those required are not available and that he wants to make a further search.” Justice Solebo held that, “I am not going to give a further direction to search. You’re encouraging them to disobey that order of the court.”
Shittu however insisted that the subpoena was served very late on them yesterday. Stressing that, “Orders of the court are meant to be complied with. May we have sufficient time to search for it.”
Based on the development, the judge sustained her order, saying, “In view of the fact that the service of subpoena was effected yesterday, stating that PW3 produce them, stating that proceedings will be stalled until it is produced. She then adjourned till December 10, 2018 for further proceeding.
Earlier, at the cross examination, Mr. Odubela had insisted that the findings he claimed and swore to in an affidavit, in respect of the defendant’s alledged 225,000 Naira received as bribe by one Mr. Mohammed Awwal Yunusa with the Access Bank account number 000964760 from Rickey Tarfa and Co. couldn’t have been the defendant in the light of the 225,000 Naira paid into Access Bank account number 0060351694 of the defendant bearing the name Mr. Mohammed Yunusa.
The witness reiterated that the deponent of the exhibit is one Mohammed Awwal Yunusa, a legal practitioner. Adding that the account belongs to the defendant. Awolusi at a point also accused the defence counsel to the first defendant that he had also admitted that his firm Rickey Tarfa Chamber paid money to the first defendant.
At the instance of this, Mr. Shittu emphasised that Odubela was also involved in what could be described as perjury and not competent, to have admitted some form of payment by his firm to the defendant.
Odubela argued that the prosecution was only crying foul as its allegation that the first defendant was bribed with 750,000 Naira in order to give favourable judgement to the person of Mr. Joseph Nwobike, SAN, when he had two cases before the embattled judge in the cases between EFCC Vs. Dr. Martins Oluwafemi Thomas (2017) and Mr. Simon John Adomene and others Vs. EFCC and others (2016).
He further tried to discredit the evidence of Awolusi stating that it was an ‘afterthought’ as the he said the judgement that Justice Yunusa gave on 4th November in the aboved suits were upheld at the Appeal Court. Also that the judgement by Justice Raliat Adebiyi on 30th April, 2018 in respect of Nwobike giving 750,000 Naira to Justice Yunusa is presently being appeal and as such the EFCC operative testimony on this in the present case does not hold water.
At this point, Mr. Robert Clarke broke his silence stating that it was wrong for the witness to come to court to fly a kite that the judgement of a court which is now a subject of appeal is not valid.
It would be recall that EFCC filed a three count charge against Justice Yunusa Mohammed Nasir of the Federal high court alongside a staff of Rickey Tarfa’s and Co. Chamber, one Esther Agbo.
