The Economic and Financial Crimes Commission (EFCC) yesterday alleged
that another Senior Advocate of Nigeria (SAN), Dr Joseph Nwobike, paid
N750,000 into the account of Justice Mohammed Yunusa of the Federal High
Court.
According to the EFCC, Dr Joseph Nwobike is the second senior lawyer
discovered to have paid bribe to Justice Yunusa, the first being Rickey
Tarfa who allegedly paid N225,000 to the Judge.
The new allegation is contained in a counter-affidavit filed in
opposition to a further and better affidavit filed by Rickey Tarfa
(SAN).
In the further and better affidavit, the lawyer said the bank
account, which EFCC said Tarfa used to bribe Justice Yunusa, belongs to
him, and not to Justice Yunusa as EFCC alleged in its counter-affidavit
to Tarfa’s suit.
The lawyer said Tarfa gave him N225,000 on January 7, 2014 to help finance his masters in Law degree.
But EFCC has alleged that Tarfa was not the only SAN to pay money to Justice Yunusa’s account.
An EFCC operative, Moses Awolusi, said there were new revelations
about judges being allegedly induced through “a network of senior
lawyers”.
“Investigation has also shown that as part of this chain of fraud,
Mr. Joseph Nwobike (SAN) also transferred the sum of N300,000 to Hon.
Justice H.A Nganjiwa.
“Investigations further revealed that Hon Justice M.N Yunusa as part
of this scheme of fraud also received the sum of N750,000 from Mr.
Joseph Nwobike SAN and Co,” the EFCC investigator said.
But Nwobike, in a statement to the anti-graft agency, which was also
attached to the affidavit, explained that the money was not meant to
bribe the judge.
He said it was the judge who asked him for financial assistance in
respect of his mother who was undergoing dialysis due to failing kidney.
“Sometime ago, Justice Yunusa requested to see me. When I got there,
he pleaded with me to assist him with some funds since his mother was
under dialysis.
“He stated that her kidney had parked up and that he needed
assistance to cure her. I felt sorry for him. I told him that I did not
have funds, but that I would assist him when I had some money.
“I requested for his account details which he obliged me. When I got
some money about two weeks after, I gave the money to him and he thanked
me when he saw me along the corridor of the court of the Federal High
Court, Ikoyi,” Nwobike said.
Justice Idris ruled that he would consider the further and better
affidavit filed in support of Tarfa’s N2.5billion fundamental rights
suit.
The Senior Advocate sued EFCC for allegedly violating his rights
after he was arrested for hiding two suspects, Nazaire Sorou Gnanhoue
and Modeste Finagnon, both Beninoise, in his Mercedes Benz Sports
Utility (SUV) vehicle, thereby shielding them from arrest.
EFCC, its chairman Ibrahim Magu, Moses Awolusi, who arrested Tarfa,
and Deputy Director Operations, EFCC, Lagos office, Iliyasu Kwarbai are
the respondents.
Tarfa demanded N2.5billion, sought an order of perpetual injunction
restraining the respondents and their agents from further violating his
rights, and asked for N20 million as cost of the suit, among others.
Justice Idris ruled: “A court will allow a party re-open and adduce
further evidence in circumstances of unavailability of the evidence
during trial or hearing and in the interest of justice.
“Interest of justice involves an indulgence, even though it ought to
be confined to matter arising ex-improviso, which no human ingenuity
could have foreseen. There must have been no indolence, surprise, or
otherwise an intention to overreach the other party.
“The evidence sought to be adduced by the applicant (Tarfa) was one that was not available previously in reply.
“From the nature of the evidence, it is my respectful view that it is
in the interest of the parties and to court that it be allowed at this
stage of proceedings for whatever it is worth.
“I do not consider it repugnant to justice and one intended to
overreach the case. I shall stop here and say no more. The application
succeeds and it is granted as prayed.
“The respondents (EFCC and others) are at liberty to respond to the fresh evidence adduced by the applicant herein.”
It was in the response filed by its lawyer Wahab Shittu that EFCC alleged that Nwobike paid the money to Justice Yunusa.
Justice Idris adjourned until today for hearing
