S.Kadiri
Date: Fri, 4 Mar 2016 01:44:17 +0100
Subject: Re: USA Africa Dialogue Series - STAR QUESTION: SANS or Shams? Judges or Junkies? You Be the Judge!
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EFCC alleges Tarfa bribed another judge
Lagos—A Federal High Court sitting in Lagos, yesterday, adjourned till March 15, for judgment in a N2.5billion fundamental human rights suit by Lagos lawyer, Mr. Rickey Tarfa, SAN, challenging his arrest and detention by the Economic and Financial Crimes Commission, EFCC.
Other defendants in the suit are EFCC chairman, Mr Ibrahim Magu, Moses Awolusi, who arrested Tarfa, and Deputy Director Operations, EFCC, Lagos office, Iliyasu Kwarbai.
Tarfe was arrested for alleged hiding two suspects, Nazaire Gnanhoue and Modeste Finagnon, both Beninoise, in his Mercedes Benz Sports Utility, thereby shielding them from arrest.
Trial judge in the matter is Justice Mohammed Idris.
Meanwhile, the EFCC, has further alleged that Tarfa, allegedly paid another judge of the Federal High Court, Justice Hyeladzira Nganjiwa, N5.3million between June 27, 2012 and December 23, 2014.
The commission said it uncovered a "network of collaboration and illicit transfer of funds" between Tarfa, Justice Nganjiwa and Justice Mohammed Yunusa, who EFCC alleged Tarfa bribed with N225,000.
EFCC alleged Tarfa paid a total of N5,335,000 to Justice Nganjiwa's personal account with Fidelity Bank Plc.
It said Justice Nganjiwa then transferred N1.6million to Justice Yunusa through personal UBA Plc account, numbered 1005055617.
EFCC said it discovered that Justice Nganjiwa sent bank details of his company, Awa Ajia Nigeria Limited, to Tarfa, adding that the company was incorporated in 2006, with Access Bank Plc account number 0000971931.
The commission said Tarfa was a referee to Awa Ajia's account, through which money was transferred to Justice Yunusa's UBA account.
These allegations are contained in a counter-affidavit in opposition to a further and better affidavit sworn to by a lawyer Mohammed Awwal Yunusa in support of Tarfa's suit.
At the hearing in the matter, yesterday, Tarfa's counsel, Chief Bolaji Ayorinde, SAN, said EFCC goofed by stating that a lawyer's bank account belongs to a judge.
He said the commission ought to admit its mistake when it discovered that it made a "fundamental error."
"They should give in and apologise to the applicant," Ayorinde said.
He said that EFCC was making "scandalous" allegations against judges instead of addressing the fundamental rights suit filed by Tarfa.
My People:Some fine mess to be really cleaned up - among our lawyers and the Judiciary.....If Tarfa, SAN is found to be guilty, and Judge Yunusa found to be compromised, examples should be made of them QUICKLY.There should be no "tabi sugbons"...no hemming or hawing....Bolaji AlukoShaking his headPUNCHEFCC accuses another SAN of bribing judge
March 3, 2016Ramon Oladimeji
The Economic and Financial Crimes Commission on Thursday alleged that another Senior Advocate of Nigeria, Joseph Nwobike, transferred a sum of N750,000 to Justice Mohammed Yunusa of the Federal High Court, which the anti-graft agency claimed to be a bribe.
It also alleged that another judge from the Port Harcourt Division of the Federal High Court received N300,000 from Nwobike, which the EFCC also claimed was a bribe.
In the counter-affidavit, an operative of the EFCC, Moses Awolusi, averred, "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.These allegations were contained in a counter-affidavit filed the EFCC's lawyer, Mr. Wahab Shittu, in reply to a better and further affidavit filed and allowed by Justice Mohammed Idris in a N2.5bn suit filed against the EFCC by Mr. Rickey Tarfa (SAN).
"That investigations further revealed that Honourable 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."
But Nwobike, in his 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 ill mother who was undergoing dialysis due to a failing kidney.
Nwobike explained, "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 undergoing dialysis.
"He stated that (one of) her kidney had packed up and that he needed assistance. I felt sorry for him. I told him that I did not have funds, but that I will assist him when I get 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 Federal High Court, Ikoyi."
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PREMIUM TIMES
SHOCKING: Rickey Tarfa bribed Justice Yunusa with N225, 000; habitually manipulates judges – EFCC
The Economic and Financial Crimes Commission has accused Rickey Tarfa, a senior Nigerian lawyer, of having a long history of manipulating courts and improperly communicating with judges.
The EFCC had, on Tuesday, arraigned Mr. Tarfa, a Senior Advocate of Nigeria, before a Lagos State High Court on a two-count charge of obstruction of justice and attempting to pervert the course of justice.
Mr. Tarfa had fought back, dragging the anti-graft agency before a court to enforce his fundamental rights.
According to court documents seen by PREMIUM TIMES, in one of the allegations, Mr. Tarfa made phone contacts with Justice Mohammed Yunusa in a case before the judge.
The commission provided phone numbers of Mr. Tarfa, the judge, and bank documents detailing money transfer from the lawyer to Justice Yunusa.
"Based on intelligence report available to the Commission that the Applicant in a desperate bid to pervert the cause of justice in earlier proceedings involving the suspects on the subject matter was using his GSM ….. to communicate with Honourable Justice M. N. Yunusa in a case before His Lordship, the 1st Respondent requested the Applicant upon his arrest to respond to the allegation and surrender his mobile Apple I-Phone 6, colour black with MTN No. …..," the EFCC stated in a counter affidavit deposed to by Moses Awolusi, an EFCC investigator.
"That based on investigations and data analysis of the Applicant's mobile phones startling revelations about secret, unhealthy communications between the Applicant and judicial officers emerged.
"That investigations revealed that whilst Suits Nos. FHC/L/CS/715/2015 between Rana Prestige Industries Nigeria (owned by the suspects) and EFCC and FHC/L/CS/716 between Hair Prestige Manufacturing Nigeria and EFCC were pending before His Lordship Justice M. N. Yunusa of the Federal High Court Lagos Judicial Division were ongoing, the Applicant and Honourable Justice Yunusa of the Federal High Court were in constant communication outside the court through their mobile phone numbers i.e. GSM 080xxxxxx belonging to Justice Yunusa and GSM 080xxxxx belonging to the Applicant Rickey Tarfa SAN respectively.
"Now shown to me is the call/message logs marked Exhibit 'E' revealing communication between the Applicant and Honourable Justice M. N. Yunusa during the pendency of the said proceedings.
"That I am aware that a petition regarding this unethical practice between the Applicant and Honourable Justice M. N. Yunusa is already pending against Justice M. N. Yunusa before the National Judicial Council (NJC) and Honourable Justice M. N. Yunusa has been asked to respond to same by the NJC."
The EFCC had accused Mr. Tarfa of wilfully obstructing two of its officers from arresting Gnanhooue Sourou and Nazaire Odeste, the owners of Rana Prestige Industries.
According to the Commission, the senior lawyer had blocked the operatives' attempt to arrest the two suspects, accused of committing financial crimes, by keeping them in his car for hours.
The commission noted that the arrest of the suspects was based on reasonable grounds that Mr. Tarfa obstructed the operatives of the EFCC from performing their statutory duties on 5th February 2016 between the hours of 12noon and 5pm when he "willfully locked up in his Black Mercedes Jeep with Registration No. KJA 700 CG Lagos suspects wanted for economic and financial crimes in circumstances explained above."
The EFCC also stated that from its investigations, Mr. Tarfa's law firm, Rickey Tarfa & Co. with Access Bank Account with account no. 0000964760 paid N225,000 into Justice Yunusa's bank account.
"I know from facts revealed during investigation that the said bribe of N225, 000.00 Two Hundred and Twenty Five Thousand Naira) 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 investigations 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.
"I also know that investigations has revealed that even the junior counsel in the law firm of the applicant also engaged in the corrupt practices of their boss by manipulating the Federal High Court Registry to fix and assign cases filed by them to particular judges. Attached and marked Exhibit 'P' herewith are text messages on the assignment of the applicant's firm's cases to Justice Yunusa's court."
The Commission further stated that Mr. Tarfa had, in April last year, attended a book launch in honour of Ibrahim Auta, the Chief Judge of the Federal High Court, in the company of Gabriel Igbinedion, who was the chief launcher.
Mr. Tarfa introduced Mr. Igbinedion to judges and senior lawyers who attended the programme, according to the EFCC.
"That I know as a fact that inspite of the Applicant's knowledge of Rule 3(f)(j) of the Code of Conduct for Judicial Officers which stipulates that 'A judicial officer and members of his family shall neither ask for nor accept any gift, bequest, favour, or loan on account of anything done or omitted to be done by him in the discharge of his duties' the Applicant did not advise his client not to donate the said sum of N8 million to the Chief Judge of the Federal High Court. Now shown to me and marked Exhibit 'Q' is Thisday edition of 3rd May 2015 capturing the proceedings of the launching including role of the Applicant.
"That I know as a fact that the Applicant's client, Chief Gabriel Igbinedion made the donation of N8m in the referred occasion to the Chief Judge of the Federal High Court inspite of knowledge by Chief Gabriel Igbinedion that his son Michael Igbinedion who had been convicted was awaiting the sentence of the Federal High Court in criminal proceedings pending against Chief Gabriel Igbinedion's son (Chief Michael Igbinedion) before the Federal High Court.
"That I know as a fact that a few hours after the donation of the said sum of N8 million to the Chief Judge of the Federal High Court by the Applicant's client, Chief Gabriel Igbinedion's convicted son was sentenced to a year imprisonment or N1 million through a questionable plea bargain which was condemned by all right thinking Nigerians."
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