The Economic and Financial Crimes Commission, EFCC, has approached the Federal High Court, Lagos for an order disqualifying Justice M. N. Yunusa of same court, from further handling of the commission’s cases pending before his court.
In an "Affidavit of Urgency" filed by the Commission on Tuesday before the court by one of its counsels, the EFCC is praying for an order disqualifying Justice Yunusa from further hearing of the cases as well as the return of the case files to the Chief Judge of the Federal High Court for reassignment.
The cases include: Mr Jyde Adelakun and Touch of Flame Energy Company Limited vs. Chairman, EFCC and Ibelema Bristol in Suit Number: FHC/ L/ CS/ 1285/2015; Federal Republic of Nigeria vs. Michael Adenuga in Suit Number: FHC/L/CS/ 487/ 2014 ; Honourable Shamsudeen Abogu vs. EFCC and Others in Suit Number: FHC/L/ CS/ 1269/2015; Dele Martins vs. EFCC and Others in Suit Number: FHC//L/CS/1623/2015 and Chike Obiakor vs. EFCC and Others in Suit Number: FHC/ L/ CS/2011/2014.
The Commission hinged its request on the grounds of "bias and denial of fair hearing" by Justice Yunusa.
In one of the cases, particularly the matter between Jyde Adelakun and Touch of Flame Energy Company Limited vs. Chairman, EFCC and Ibelema Bristol, the EFCC sought a consolidation of the Suit Number FHC/L/CS/1285/2015 and Suit Number FHC/L/CS/1165/2015 but the application was ignored. Besides, a pending Court Order freezing the bank accounts of Adelakun and Touch of Flame Energy Company Limited (who are being investigated in a case of money laundering involving over $2,000,000.00 was communicated to Justice Yunusa, with an application for a short adjournment to enable the EFCC file an affidavit to exhibit the Order.
Justice Yunusa reportedly turned down the application and even refused an oral application to this effect, but went ahead to fix September 23rd, 2015 for judgment.
The EFCC believes that "having regard to the events that took place before the court during the proceedings on 21st September, it will not get justice except the case is re-assigned to another judge".
Also, the EFCC is outraged by a fresh order of Interim Injunction granted by Justice Yunusa, restraining it from "arresting, detaining, harassing, intimidating, preventing, refusing, interfering with and /or denying" one of its suspects being investigated, his right to personal liberty and freedom of movement into, within and outside Nigeria. The suspect, Dr. Martins Oluwafemi Thomas is being investigated by the EFCC for ownership and movement of the sum of $2,200,000.00( Two Million Two Hundred Thousand United States Dollars).
This ex parte order is coming on the heels of similar order by the same judge, barring the EFCC from investigating or arresting a former Aviation Minister, Stella Oduah.
Justifying its grounds for seeking the disqualification of Justice Yunusa, the EFCC says that "if this application is not granted and the trial judge fails to disqualify himself, the fundamental rights of the Commission to fair hearing will be infringed. It is further submitted that it is the law that any proceedings conducted in breach of the fundamental right to fair hearing is a nullity no matter how well conducted".
Saharareporters.
I am still wondering why a Judge would bar someone from being investigated..If the person is Innocent then let the investigations go on!
This happened to Justice Jide Aladejana of Ekiti State too.
ReplyDeleteEid Mubarak to all my Muslim Family and Friends.
*Larry was here
Its possible stella...if u have a reason why a court shldnt entertain a case, u can get an injunction till the issues r sorted b4 d case will continue.
DeleteThe rot in the Nigerian judicial system is worse than that in the medical system.
DeleteIt is the judges who grant such requests that I blame. I mean, how can any judge approve a respondents request to be exempt from probing or being tried for an offence? It's appalling.
DeleteNothing surprises me again in this country. People act like they're above the law.
ReplyDeleteThat's 9ja for you
DeleteThe judge did the right thing.
ReplyDeleteIt's only Christians and people from the south south or south east that EFCC ve been prosecuting since this new administration.
Does it means of the people that ve been ruling and looting this country b4 GEJ are not corrupt?
*Does it mean that the people .....
DeleteMoney maker u ar worst human I ever see. ar u dead wen they were dealing wit lamido family and d second aboki? Where ar u wen they sent them to prison for few days? Where ar u wen the re open their case 2days ago? attimes i wonder why some idiot call we southeast baby factory. Wit this ur foolish comment I see real baby factor in u. Ur real mother no train u. U lack parent care, u ar a dirty thing on d street
Delete@sweetie, its parental care.
DeleteYes.U should thank me now.
I m also wondering two
ReplyDeleteBtw, any muslim bv in Lafia Nasarawa state that can invite me over for the sallah?
I m looking for where i can chop fried meat
Are you single and beautiful?
DeleteAre you a corper? Where in Lafia do you stay?
DeleteNa 9ja attitude be that
ReplyDeleteGhen ghen
ReplyDeletehmm...
ReplyDeletehmmmm ..
ReplyDeletehmmmm ..
ReplyDeleteThey are after all GEJ administration, all i hear nowadays is probing, arrest etc, yet no result, leader of the North enough of all this stupidity, give us our ministers and stop the national excursion
ReplyDeleteWhat will you do with the ministers? Ode.
DeleteSuddenly the EFCC is working. Nija. Hmmmm
ReplyDeleteMorning oh. This holiday favors me more oh. Chei! Enough sleeping.
E no favour you reach me.
DeleteMehnnn...I just spread full bed on sdkb.
Kikikikikiki.
Hahahaha bloggie, we they d same boat oh. See groove
Deletehmmmm
ReplyDelete#GODWIN™
Na dem sabi.
ReplyDeleteI was in court b4 Justice Yunua yesterday wen n I witnessed the whole malaise.the problem with is EFCC&other agencies is that they do not investigate cases b4 going to court,once dey gather little information they just go to court n prefer charges&at d end dey get no conviction save for where the party pleads guilty.on Jide Adelakun's case the matter was already fixed for judgment,the prosecution from inception submitted herself to d jurisdiction of d court,conducted her cases,called witnesses n never objected to s jurisdiction of the court only for them to wake up and filed an application to want to arrest d judgment of the court.mind u d affidavit in support of the application greatly offended the evidence Act for being to extraneous and with so many conclusions errors,and u can't deny a suspect his freedom knowing its a bailable offence yet charge him to court not having concluded ur investigation n still want d suspect to remain either in custody or have his account frozen,they ought to v completed all investigations b4 deciding weda to charge d suspect or not.the fact dat a case was decided in favour of d commission in a case does not mean d other will go in der favour. In all Justice Yunusa,as far as yesterday's case was concerned was right in his decision they can appeal if dey r offended n not to arrest d judgment of d court from being read. Esq.
ReplyDelete10q.
DeleteSo what about Stella Oduah?
DeleteWas the judge right in preventing her from being investigated?
@anon 8:38,spot on
DeleteIt is very clear nauu...
ReplyDeleteThe judge was bribed perhaps with a bullet proof G63AMG and some millions.
*rme*
I am so glad these cases are gonna be re-opened and handled by a competent judge.
Especially the case of Stella Oduah.
Thieves can't be walking scot free. I mean, it's not only the 'small thieves' stealing goats and pots of soup should be hanged.
These 'bigger thieves' should be roasted too.
Namsense!
Gbam
DeleteLol @ bribed with bullet proof car
DeleteOkay
ReplyDeleteThe injunction is really funny and has no real force. The reason being that EFCC has a constitutional duty to investigate any Nigerian or foreigner deemed to have committed any form of financial crime. EFCC should try to appeal to vacate that injunction.
ReplyDeleteAre you kidding me?
ReplyDeleteRogue judges sitting on the bench....thunder fire all of u
ReplyDeleteMoney maker you are a sleazy, pathetic excuse of a man.
ReplyDeleteLol @ Anon 11:41.
ReplyDeleteWhy are ur language people spineless, lily livered cowards?
Why cant u all comment with ur blog id?
Will anyone take u people to Court?
It is paining you that even your mother goes under anonymous to abuse your sorry ass.
ReplyDeleteyou this mumu maker foul mouthed fool.
Everything that is not right must stop for this nation to move forward. Stealing must stop.
ReplyDeleteEFCC and their watery cases. They would not do proper investigations before proffering charges. In the western world, an individual can be under investigation for years but here what do we see the reverse is the case. Yes Stealing and the vices must which am not against, the onus falls on the Prosecution to have a good case b4 filling else the case will go the way others have gone.
ReplyDeleteAnon 11:41, Don't get me wrong. I am not blaming you for ur Cowardice. It's not ur fault directly.
ReplyDeleteCowardice runs in ur blood. It is in ur gene.in ur DNA.That s what made u who u are .It is common in all ur language people. No one is exempted.
Aren't you surprised that all the people.that hide under anonymous.to attack people on dis blog .are from one particular ethnic group?. Your ethnic group
An ethnic group of cowards.
Yes your analysis is very correct all the people that hide under anonymous are from your language people, the igbo people, who comment anonymously to abuse you because you are such a Pratt that they do not want to abuse you with their blog id because of the shame you constantly bring upon them.
ReplyDeleteit's such a pity that they have to resort to such cowardice as you say. Although commenting with a blog id does not add value to ones life, bank account nor does one receive awards for it.