EFCC seeks to disqualify judge

In from Ali Smart …

Apparently discomfited with the way and manner Justice M. N. Yunusa of the Federal High Court, Lagos handled the matter involving the Economic and Financial Crimes Commission (EFCC) the anti-graft body has approached the same court for an order disqualifying Justice Yunusa.

Among the prayers being sought by the EFCC is that the six case files be returned to the Chief Judge of the Federal High Court, Justice Ibrahim Auta to reassign the matters.

The cases include those of the $2m cash seized at the Lagos airport and the one involving a former Minister of Aviation, Sen. Stella Oduah.

Ripples learnt that the EFCC made the plea in an “Affidavit of Urgency” filed on Tuesday before the court by one of its lawyers.

In a document obtained by Ripples, the EFCC sought an order disqualifying Justice Yunusa from further hearing of the cases.

“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.”

Read also: EFCC challenges court’s reprieve for Oduah

The document added: “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 Olufemi Thomas, is being investigated by the EFCC for ownership and movement of the sum of $2,200,000.00.

“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.”

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