The Economic and Financial Crimes Commission(EFCC) was poised last night to drag Justice Mohammed Yunusa of the Federal High Court to the National Judicial Council(NJC) for investigation on the alleged N225,000 bribe from a lawyer Mr. Ricky Tarfa (SAN).
A formal complaint was due to be lodged with the NJC by the EFCC yesterday.
The anti-graft agency,it was gathered,decided against arresting or arraigning the judge because of its respect for the rule of law and due process.
A reliable source in the commission confirmed that “we are lodging a formal complaint against Justice Yunusa with the National Judicial Council (NJC) for the investigation of his inappropriate relationship with Tarfa.
“We want them to look into the alleged payment of N225,000 into his account by Mr. Ricky Tarfa(SAN).
“As the Chairman of the EFCC, Mr. Ibrahim Magu, has said, this commission has respect for the rule of law and due process. We will refer Justice Yunusa to the Chief Justice of Nigeria who is also the Chairman of the NJC.
“The outcome of the NJC’s investigation will further determine how we will treat the judge’s matter. But we are also ready to submit all relevant facts and evidence to the NJC.”
On the fate of the Chief Judge of the Federal High Court, Justice Ibrahim Auta, the source said: “It is left to the NJC to take judicial notice of the reference made to him in the affidavit and find out if there was a book launch or not.”
A source in the NJC said the nation might have to wait for a while to know the culpability or otherwise of Justice Yunusa in the bribery scandal because the investigative process will go through four stages.
The source said: “First of all, the EFCC must send a petition to the CJN. Then the CJN will refer the matter to the Preliminary Complaints Assessment Committee (PCAC) which will determine the merit or otherwise of the issues.
“After the profiling by the PCAC, the matter will then be taken to the Plenary of the NJC. It is the Plenary that will now decide whether or not to set up a Fact-Finding Committee where the petitioner(s) and the defendants will appear with their lawyers.
“Despite these four stages, a petition or complaint can be given accelerated hearing by the NJC.”
The NJC and the President are empowered to determine a judge’s fate in line with the process outlined by the Part I, Paragraph I, Section 21(b) of the Third Schedule to the 1999 Constitution (as amended) and Section 292(1)( a)(i)
Part I, Paragraph I, Section 21(b) of the Third Schedule to the Constitution reads: “For the avoidance of doubt, the said Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution provides that “the NJC shall have power to recommend to the President the removal from office of (the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, and the Chief Judge and Judges of the Federal High Court) and to exercise disciplinary control over such officers”
Section 292(1)( a)(i) says: “A judicial officer shall not be removed from his office or appointment before his age of retirement, except in the following circumstances (a) in the case of the Chief Justice of Nigeria, the President of the Court of Appeal, the Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Khadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President( of Nigeria), acting on an address supported by two-thirds majority of the Senate, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct.”
In an affidavit at the Federal High Court in Lagos, an operative of the EFCC, Mr. Moses Awolusi, said the agency’ investigation of Tarfa’s Access Bank account number 0000964760 “shows that before the institution of the above proceeding, particularly on 7th January 2014, the applicant bribed His Lordship, Honourable Justice M. N. Yunusa with the sum of N225,000; a copy of the applicant’s firm’s account details showing the transfer of the sum of N225,000 from the applicant’s firm to Honourable Justice M. N. Yunusa is hereby shown to me and marked Exhibit ‘O’.”
The operative added: “I know from facts revealed during investigation that the said bribe of N225,000 was accepted and acknowledged by Justice Yunusa in a text message to the applicant wherein he said ‘Thank you my senior advocate’.
“I also know that investigation has revealed that the applicant’s law firm was in the habit of asking the Chief Registrar of the Lagos Judicial Division of the Federal High Court to assign his cases before His Lordship Honourable M. N. Yunusa in furtherance of the understanding between the applicant and the particular judge.”
The EFCC operative alleged that even a junior lawyer in Tarfa’s law firm “also engaged in the corrupt practices of their boss” by manipulating the court’s registry to fix and assign cases by them to particular judges.
According to Awolusi, there is evidence that Tarfa instructed bank officials through his mobile phone to transfer funds to other public officers.
The operative said details of such instructions “are being kept to prevent the applicant from tampering with evidence concerning allegation of corrupt practices against the applicant.”
The EFCC alleged that sometime in 2005, Tarfa collected $500,000 from one of his clients “under the pretext that he was going to bribe some officials of the EFCC”.
The commission recalled that on April 29, 2015, Tarfa’s law firm represented Michael Igbinedion, who was standing trial for laundering N25billion.
TheEFCC said Tarfa, on April 30, attended a book launch in honour of the Chief Judge of the Federal High Court, Justice Ibrahim Auta, in company of Chief Gabriel Igbinedion, who was the chief launcher, and who donated N8million.
The EFCC said Tarfa did not advise Igbinedion not to donate the money since Igbinedion’s son, who was later convicted, was standing trial before the court.
The commission said Tarfa and his brother silks donated N7million on the occasion despite having cases before the Chief Judge.
According to the agency, Tarfa obtained $500,000 from one Prince Akinruntan in 2006, who later stated that it was by “false pretence”.
TheEFCC quoted Akinruntan as saying: “He (Tarfa) told me that the money is not for him alone, that he is going to settle the court, EFCC and many other people.”
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