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".