Another
Senior Advocate of Nigeria (SAN), Dr Joseph Nwobike, paid N750,000 into the
account of Justice Mohammed Yunusa of the Federal High Court, the Economic and
Financial Crimes Commission (EFCC) alleged yesterday.
The
allegation is contained in a counter-affidavit filed in opposition to a further
and better affidavit filed by Rickey Tarfa (SAN).
Justice
Mohammed Idris yesterday ruled that Tarfa could adduce new evidence through the
further affidavit deposed to by a lawyer, Mohammed Awwal Yunusa.
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.
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