The Nation Newspaper

Tag: Dr Joseph Nwobike

  • Trial: N750,000 not bribe, but ‘assistance’ to judge – Nwobike

    Trial: N750,000 not bribe, but ‘assistance’ to judge – Nwobike

    Dr Joseph Nwobike, a Senior Advocate of Nigeria on Wednesday told an Ikeja High Court that the N750,000 he gave to Justice Mohammed Yinusa of the Federal High Court was not a bribe but to assist him in settling his mother’s medical bills.

    Nwobike said this while testifying in a corruption trial by the Economic and Financial Crimes Commission (EFCC).

    The EFCC had filed an 11-count charge against Nwobike for allegedly perverting the course of justice and offering gratification to public officials.

    The anti-graft agency alleged that Nwobike offered gratification to some judges of the Federal High Court and National Industrial Court in a bid to influence them to act contrary to their official capacities.

    The EFCC also claimed that Nwobike engaged in illegal text messages with four registrars of the Federal High Court in a bid to unduly influence cases he was handling before the judges.

    Nwobike, however, denied all the charges.

    Nwobike, led by his counsel Mr Olawale Akoni (SAN), said he became a legal practitioner and an arbitrator on Dec. 16, 1992.

    “I am a SAN, who was sworn in 2010 for the 2009 set; since I was called to the Nigerian Bar in 1992, I have been in uninterrupted legal practice in Lagos and all over the country.

    “My primary duty as a legal practitioner is to respect the court in conduct either in physical appearances or my processes
    before the court.

    “Since I was called to the Nigerian Bar, I have never been a respondent to any form of complaint or been a party to any disciplinary proceeding before anybody constituted for that purpose,” he told the court.

    Explaining to the court how he was confronted by the EFCC and the reasons for giving the judge N750,000, Nwobike said: “I recollect that I did a few cases against the EFCC.

    “On a particular day, I came back from court and received a phone call from a fellow who described himself an official of the EFCC.

    “He introduced himself as Mr Zakari and I recollected that in the past, I had cross-examined him in a case involving my client and the EFCC.

    “He (Zakari) said I should come to his office to clarify an issue. I went to the EFCC thinking that the issue has to do with my client and the EFCC.

    “Thirty minutes after I arrived at the EFCC office and met him, he showed me a document which I found out was a UBA statement of account of Nwobike and Co.

    “He showed me an entry where there was a transfer of the sum of N750,000 from the account of Joseph Nwobike and Co. to the bank account of Justice Mohammed Yinusa.

    “Zakari requested that I put in writing the reasons for that transfer.

    “In my statement, I said I knew Justice Yinusa for quite a long time back when he was a counsel at the Federal Ministry of Justice and we became friends as lawyers.

    “On one occasion, I saw him by chance and he told me that his mother was ill and was undergoing dialysis and he feared that she will die soon and N250,000 was spent daily on her treatment,” he said.

    Nwobike added:“I pitied him not as a judge but because he had been my friend for over 19 years. I told him that I had no money on me but I will send money when I had some money.

    “He gave me his account details and we parted.

    “When I had some money, in my own signature, I transferred N750,000 only for that purpose.

    “I saw him again by chance and he told me that his mother was getting better but I later found out that she died because she could not continue with the dialysis.”

    Nwobike denied giving any other sum apart from the N750,000 he gave to Justice Yinusa and denied discussing any of the cases he was handling before the judge with Yinusa.

    “As in practice, I do not discuss cases with judges or persons in authority. I do not discuss matters before, during and after they are heard.

    “The money I gave the judge was not to make him refrain from acting in his official capacity.”

    Justice Raliatu Adebiyi adjourned the case until July 3 for continuation of trial.

  • Four judges involved in Nwobike’s bribe scandal-EFCC witness

    Four judges involved in Nwobike’s bribe scandal-EFCC witness

    Mr Daniel Danladi, a detective with the Special Task Force of the Economic and Financial Crimes Commission (EFCC) on Thursday at an Ikeja High Court exposed judges and judicial officers, who allegedly received bribes from Dr Joseph Nwobike, a Senior Advocate of Nigeria.

    Nwobike is being tried by the EFCC before Justice Raliatu Adebiyi for allegedly offering gratification to a public official and perverting the course of justice.

    At the resumed hearing of the case on Thursday, Danladi, led in evidence by EFCC lead counsel, Mr Rotimi Oyedepo, displayed a document entitled: “Extraction Report” on the screen in the courtroom.

    In his testimony, Daladi named four judges who were allegedly involved in the gratification scam as Justice Mohammed Yinusa, Justice H.A Ngajiwa and Justice Musa Kurya, all of the Federal High Court, Lagos and Justice James Agbadu-Fishim of the National Industrial Court, Lagos.

    He said the report contained details of 14,317 text messages from Nwobike’s Samsung Galaxy Note 4 mobile phone, seized from him by the anti-graft agency during investigations in the alleged corruption case.

    According to him, some of the text messages in the report contained details of bank transactions as well as messages allegedly sent by Nwobike to the judicial officers and judges.

    Danladi testified that “the result of the extraction report clearly showed that the defendant was conveying money to judges of the various the courts.

    “He also wielded influence over which judge should hear his cases.

    “This is contrary to the statement that the defendant gave to the EFCC that the only judicial officer he gave financial assistance to was Hon. Justice Yinusa.”

    Danladi further gave details of judicial officers who Nwobike was allegedly in contact with.

    “The defendant was in regular phone contact with one Mr Jide and Mr Baruwa of the Federal High Court and one Mrs Helen Ogunleye, who is the registrar to Justice Musa Kurya.

    Pointing to the screen in the courtroom, Danladi revealed details of how Nwobike influenced the adjudication of the cases he was handling in which the EFCC was a party.

    “On Nov. 5, 2015, the defendant sent a text message to Mr Jide stating he wanted his matter which was Mrs Timi Akpobolokemi and others Vs the EFCC with suit number FHC/L/CS/1665/2015 to go before Hon. Justice Rita Ofili-Ajumogobia.

    “He acknowledged receipt of the text message and some days later the matter was assigned to Ofili-Ajumogobia.

    “In FRN Vs Dr Oluwafemi Thomas and others, he suggested that that matter should go to Hon. Justice Saidu with Mr Jide confirming receipt of the text.

    “In a matter in which EFCC was a party, the defendant sent a text to Mr Baruwa of the Federal High Court stating that he wanted the matter to be assigned to Justice Abang’s court.

    “Investigations revealed that the matter was assigned to Justice Abang as agreed between them,” Danladi said.

    Danladi further revealed how the defendant unduly influenced matters that the anti-graft agency had at the Federal High Court in which he was counsel for the opposing party.

    “In text message exchanges with Mr Jide the defendant influenced a number of cases including; Simon Adomene V the EFCC with suit number FHC/L/CS/1471/2015 anf Dr Oluwafemi Thomas V The EFCC with suit number FHC/L/CS/1445/2015.

    “He suggested that these cases as well as some others should be assigned to Justice Yinusa, our investigations revealed that they were assigned to the judge.

    “On March 20, 2015, the defendant paid N750,000 into the UBA account of Hon. Justice Yinusa and a few days later a court order was granted by the judge in the defendant’s favour.

    “Our investigations revealed that the defendant paid money into the First Bank Account of Hon. Justice James Agbadu-Fishim of the National Industrial Court.

    “We wrote to First Bank where the judge operates three different bank account and they confirmed such payments.

    “On Dec. 29, 2015, payment of N100,000 was made into the Justice Agbadu -Fishim’s First Bank account with number 2006900216.

    “On Dec. 2, 2015, N150,000 and N100,000 was paid into the judge’s account with number 3008199491 and on Sep. 10, 2015, N100,000 was paid into that account by the defendant.

    “Our investigations revealed that the defendant gave Mrs Helen Ogunleye, the registrar to Justice Musa Kurya N250,000 as well as undisclosed sums to her boss the judge.

    “Investigations revealed that money was also paid to Justice H.A Ngajiwa by the defendant through a company account owned by the judge,” he added.

    The witness proceeded to read aloud the text messages which were allegedly exchanged between the defendant and the registrar.

    “The text message sent on March 25, 2014 revealed the registrar asking for financial assistance from the SAN for her brother who wanted to study medicine in Russia.

    “A text message sent on Dec. 15, 2014 the SAN told the registrar that a sum of N250,000 was for her while some undisclosed money in an envelope was meant for her boss Justice Musa Kurya.”

    Danladi further testified and read out a text message in which Ogunleye acknowledged receipt of the money.

    The witness also testified that Justice Agbadu-Fishim was invited by the EFCC and he admitted receiving the funds from the defendant.

    “We invited Justice James Agbadu-Fishim to our office sometime in late 2016, he made statements confirming that the defendant paid money into his account.”

    Danladi told the court that Mr Jide was also invited by the commission where he admitted exchanging text messages with the SAN.

    Earlier during the trial, counsel to Nwobike, Mr O. Akanni (SAN), opposed Danladi’s evidence.

    “This evidence does not have any relevance to this case, the test of admissibility is relevance and there is not a single charge before this court that relates to payment of money to judges.

    “The charged relate to payment of money to specific individuals and Section 1 of the Evidence Act is very clear.

    “ it states that evidence has to be relevant to the fact in issue,” he said.

    Responding to Akanni, Oyedepo said:“The payment of monies to judges is the basis of our case in counts one to eight while counts nine and ten border on the attempt to pervert the course of justice.

    “The evidence of the witness is to sustain counts nine and ten and the Evidence Act doesn’t only refer to the facts in issue but also facts remotely relevant to the facts in issue.”

    In his ruling, Justice Adebiyi said:“The testimony of the witness is relevant to the case.

    “The prosecution should direct the witness to incidents that occurred within the Federal High Court.”

    The case was adjourned to March 28 and March 31 for continuation of trial.

  • EFCC begins Nwobike’s trial

    The Economic and Financial Crimes Commission (EFCC) on Friday opened its case against a Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, before an Igbosere High Court in Lagos.

    Nwobike is standing trial before Justice Raliat Adebiyi, on a five-count charge bordering on an attempt to pervert the course of justice and offering gratification to a public official, the News Agency of Nigeria (NAN) reports.

    He was arraigned on March 9 by the EFCC on allegations that he gave the sums of N750, 000 and N300, 000 respectively to Justice Mohammed Yunusa of the Federal High Court.

    The commission said the money was to influence the judge to pervert the course of justice.

    He denied the charges and was granted bail on self recognition.

    At the resumed hearing on Friday, EFCC called two witnesses – one Joseph Oyekunle and Oliver Enwerem.

    The witnesses were Compliance Officers with United Bank for Africa (UBA) Plc and Access Bank Nigeria Plc respectively.

    During examination-in-chief by the prosecutor, Mr. Rotimi Oyedepo, Oyekunle said on March 19, 2015, there was a debit of N750,000 from Nwobike’s account in favour of Justice Yunusa.

    Oyekunle added that on April 1, 2015, “debit transactions of N1.5 million in four places were made on the same day in Manager’s cheques into other accounts.”

    However, counsel to the accused, Mr. Olawale Akoni (SAN), cross examined Oyekunle.

    During the cross examination, Oyekunle said some bank documents revealed that the third and fourth transfers of N1.5 million were made to one Seni Ibiwoye.

  • Court dismisses Rickey Tarfa’s bid to quash bribery charge

    A Lagos State High Court in Igbosere, yesterday assumed jurisdiction to entertain a 27-count charge against embattled Senior Advocate of Nigeria (SAN), Mr. Rickey Tarfa, by the Economic and Financial Crimes Commission (EFCC).

    Justice A.A. Akintoye dismissed Tarfa’s preliminary objection, filed through his counsel Mr Anthony Idigbe (SAN), urging it to quash the charge and decline jurisdiction.

    Tarfa was arraigned on March 9, on a charge of ‎refusal to declare assets, making false statements, offering gratification to a public officer and failure to declare his assets.

    At the resumed hearing yesterday, Justice Akintoye, refused the defendant’s prayers but reserved her decision till the end of trial on the prayer to declare that falsification of age was not an offence known to law.

    The judge said that the EFCC had the power to investigate and prosecute Tarfa.

    “On the issue of the charge being an abuse of court process as argued by the accused, I hold that the information contained in the charge before me is different from the one before my learned brother.

    “In that charge what the accused is charged with, is obstructing EFCC officials from effecting their lawful duties.

    “I therefore hold that the information in this charge is not an abuse of court process,” she held.

    The judge also ruled that the Commission had the power to ask the defendant to declare his assets anytime, whether upon arrest or later, so far the offences charged were related to financial crimes.

    The offence of gratification of a public officer which the defendant was charged with, falls under the powers of the EFCC, she added.

    “It is my opinion that the information disclosed a prima facie case which established that the accused has a case to answer as alleged by the charge.

    “The court will not restrain a statutory body from performing it’s statutory duties in respect of anyone.

    “I hold that this court has jurisdiction to entertain this charge, the subject matter is within the jurisdiction of this court.

    “I refuse the prayer to quash this charge and I refuse the prayer to restrain the EFCC from investigating or prosecuting the accused,” Akintoye said.

    The case was adjourned till May 20 for commencement of trial and May 27 for further hearing.

    Meanwhile, the Commission also opened its case yesterday against another Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, at a Lagos State Magistrates’ Court sitting in Igbosere.

    Nwobike is standing trial before Justice Raliat Adebiyi on a charge bordering on an attempt to pervert the course of justice and offering gratification to a public official, a charge he denies.

    The Commission called its first and second witnesses, Joseph Oyekunle and Oliver Enwerem, both compliance officers with United Bank for Africa (UBA) Plc, and Access Bank Nig. Plc, to testify about financial transactions that occurred in the accounts of Joseph Nwobike & Co. with both banks.

    During examination in chief by prosecuting counsel, Rotimi Oyedepo, Oyekunle testified that on March 19, 2015, there was a N750,000 debit on the account of Joseph Nwobike & Co. in favour of Mohammed Nasir Yinusa.

    “There must have been an instruction authorizing the transaction,” he said.

    Oyekunle added that on April 1, 2015, “Debit transactions of N1.5 million in four places were made on the same day in Manager’s Cheques,” were made to another account.

    Under cross examination by defence counsel Mr. Olawale Akoni, SAN, Oyekunle admitted that on proper examination of the bank documents before him, the third and fourth transfers of N1.5 million each were made to one Seni Ibiwoye.

    “The 20th and 23rd entries were made in favour of Seni Ibiwoye,” he said, admitting that he neither operated the defendant’s account nor did he know the charge against the him.

    On his part, Enwerem testified that there were several transfers to different accounts by the defendant’s company, including a September 30, 2015 transfer of N300,00 to a company, Awa Ajia Ltd.

    He admitted that after the transactions of September 28 and 30 there were no other transfers into the accounts by Joseph Nwobike and Co.

    The case was adjourned till May 12, for continuation of trial.

  • EFCC charges against me unconstitutional, SAN tells court 

    EFCC charges against me unconstitutional, SAN tells court 

    Senior Advocate of Nigeria, (SAN), Dr. Joseph Nwobike, Monday told a Lagos State High Court that the five-count charge filed against him by the Economic and Financial Crimes Commission (EFCC) was unconstitutional.

    Nwobike is standing trial before Justice Raliat Adebiyi on charges bordering on an attempt to pervert the course of justice and offering gratification to a public official.

    Monday, defence counsel, Mr. O. Akoni, informed the court that the charges against Nwobike were unconstitutional and he intended to make a no case submission.

    Denying a claim by prosecution counsel, Rotimi Oyedepo, that the defence had filed “a harvest of motions”, Akoni told the court that his client looked forward to a speedy trial.

    He said: “We have another application but we want it taken after the prosecution has closed its case so that we can start trial without delay. We intend to make a no case submission.

    “I want us to move faster. We’re saying among other things that this charge is unconstitutional.”

    Opposing the defendant’s application, the prosecution said it was defective.

    “The applicant’s application violates S.158 of the Administration of Criminal Justice Law, if read together with Section 212.”

    He argued that if such an application is found to be incurably defective, the court would have no option but to strike it out, “Instead of keeping it in abeyance.”

    In her ruling, Justice Adebiyi upheld the defendant’s submission.

    “The defendant’s application will not prejudice the prosecution’s case,” the judge ruled.

    The case was adjourned till April 21 and 22 for the prosecution to open its case.

    On April 9, Nwobike was arraigned by the anti-graft agency on allegations that he gave the sums of N750, 000 and N300, 000 to Justice Mohammed Nasir Yunusa of the Federal High Court to influence the judge to pervert the course of justice.

    He denied the charges and was granted bail on self recognizance.

  • EFCC alleges another SAN gave judge N750,000

    EFCC alleges another SAN gave judge N750,000

    • SAN: I helped the judge

    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 Wednesday.

    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 Wednesday 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.