Oduah
The Economic and Financial
Crimes Commission (EFCC) has approached the Federal High Court, Lagos
for an order disqualifying Justice M. N. Yunusa from handling its six
cases before his court.
It demanded that the six case files be
returned to the Chief Judge of the Federal High Court, Justice Ibrahim
Auta, for reassignment.
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.
The EFCC is protesting against Justice Yinusa’s order restraining the commission from arresting the former minister.
The EFCC made the plea in an “Affidavit of Urgency” filed on Tuesday before the court by one of its lawyers.
The anti-graft agency is praying for an order disqualifying Justice Yunusa from further hearing of the cases.
It said: “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”.
The anti-graft agency asked for the return of the case files to the Chief Judge of the Federal High Court for reassignment.
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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