A suspended judge of the Federal High Court sitting at Ikoyi, Lagos State, Nigeria, Justice Mohammed Yunusa was on Monday ordered to defend himself against the corruption charges filed against him by the Economic and Financial Crimes Commission (EFCC)
A suspended judge of the Federal High Court sitting at Ikoyi, Lagos State, Nigeria, Justice Mohammed Yunusa was on Monday ordered to defend himself against the corruption charges filed against him by the Economic and Financial Crimes Commission (EFCC).
The order was made by Justice Sherifat Solebo of an Ikeja Special Offences Court sequel to a ruling on the preliminary objection raised by Chief Robert Clarke (SAN), counsel to Justice Yunusa over his trial for corruption.
It would be recalled that Clarke had on March 9, 2018, argued that the troubled judge cannot be tried for corruption until the National Judicial Council (NJC) first acted on his case.
Clarke cited the case of the Federal Republic of Nigeria Vs Nganjiwa, wherein he contended that for Yunusa's dismissal to be valid, President Muhammadu Buhari had to give a recommendation for his suspension.
But Justice Solebo in his ruling made reference to November 8, 2016 letter from the NJC to the EFCC suspending the judge.
With the letter, Justice Solebo maintained that the NJC had already exercised disciplinary action against the embattled judge.
According to Justice Solebo, "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 (Yunusa) 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."
The anti-graft agency had docked Justice Yunusa alongside Esther Agbo, a staff of the law chambers of Mr. Rickey Tarfa (SAN) on January 17, 2018.
The embattled judge (Yunusa) was arraigned on four counts of attempted perversion of justice and corruption by a public official, while Agbo was charged with offering gratification to a public official.
But they pleaded not guilty to the charge initiated against them by the EFCC.
The Commission had specifically posited that Justice Yunusa had constant and confidential communications with Tarfa, who it said 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 further maintained that Justice Yunusa collected N1.5 million bribe from Tarfa for the purpose of giving favorable rulings and judgments in the cases.
The troubled Justice Yunusa was further accused of receiving N750, 000 from one Joseph Nwobike (SAN), between March 2015 and September 2015, to get “favorable” judgment in some cases.
It was equally argued that Agbo, the second defendant who is an employee of Rickey Tarfa and Co., had on May 14, 2015, paid N1.5 million allegedly from Tarfa into Yunusa’s UBA account number 1005055617.
The Commission said the offense is in violation of Sections 64(1)(a) and 97(3) of the Criminal Law of Lagos State, 2011.
The matter has been adjourned until June 11, 13 and 14 for trial.