The Nation Newspaper

Tag: EFCC

Corruption: EFCC, DSS slam travel ban on 15 judges

•Detectives screen Supreme Court’s petty cash book, payment vouchers to contractors

•Probes five firms over alleged N80.4m bribe to S’Court staff

Ahead of the ongoing probe and pending their arraignment, the Economic and Financial Crimes Commission (EFCC) and the Department of State Security Service (DSS) have restricted the movement of not less than 13 judges to the country.

The judges cannot travel abroad because they have been watch-listed until permitted by a court.

It was also learnt that security agents have started screening the Petty Cash Book of the Supreme Court and payment vouchers to contractors.

The Petty Cash Book which emanated from draw down from Secret/Operation Account was said to have revealed a lot on how about N2.2billion was spent on miscellaneous expenses.

The interim report indicated that the “discoveries were messy and least expected in such a scared place.”

About 15 judges are undergoing probe by the EFCC and the DSS.

Those under investigation are two Supreme Court judges-Justices Sylvester Ngwuta and Inyang Okoro; the former Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Ladan Tsamiya; Justice Adeniyi Ademola (Federal High Court); the ex-Chief Judge of Enugu State, Justice I. A. Umezulike; Justice Kabiru Auta of Kano State High Court; Justice Muazu Pindiga (Gombe State High Court); Justice Bashir Sukola and Justice Ladan Manir, from the Kaduna State High Court.

Justice Agbadu James Fishim (National Industrial Court); Justice Uwani Abba Aji Justices Mohammed Nasir Yunusa, Hyeladzira Ajiya Nganjiwa; Musa Haruna Kurya; and Rita Ofili-Ajumogobia (Federal High Court).

Out of the judges, the NJC has recommended sanctions for Justice Mohammed Ladan Tsamiya; the erstwhile Chief Judge of Enugu State, Justice I. A. Umezulike; and Justice Kabiru Auta.

Investigation by our correspondent revealed that all the judges have been watch-listed and their movement restricted to the country until investigation is concluded.

A reliable source, who spoke in confidence, said: “All the security agencies and the Nigerian Immigration Service have been notified that the affected judges are undergoing investigation. The implication is that they cannot go out of the country except permitted to do so.

“Actually, many of the judges have had their passports either seized or kept in custody of investigating agencies.

“The restriction is to make the ongoing investigation easier. As a matter of fact, some of them have been reporting intermittently or in some cases daily for questioning to either the EFCC or the DSS. It is not a punitive action but it is a way of facilitating investigation.

“For instance, we have had instances when detectives followed Justice Ofili-Ajumogobia to inspect some assets in Delta and Edo States. If she had been abroad, they won’t be able to do so.

“We are tracking many assets of some of these judges and this exercise requires verification and updated interrogation.

“But as soon as they are arraigned in court for trial, their bail will be at the discretion of the court.”

As at press time, it was gathered that some security agents were already screening the Petty Cash Book of the Supreme Court on how about N2.2billion, allegedly drawn from the court’s Secret/Operation Account, was spent on miscellaneous expenses.

Some vouchers of payment to some judges and contractors were still being screened by security agents.

Another source said: “The discoveries were messy and least expected in such a scared place. They actually border on non-compliance with Financial Regulations or gross abuse of the process.

“Some miscellaneous expenses and allowances were completely outside the approved rates by the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) on remuneration for public and judicial officers.

“These details will soon be released to the public so that Nigerians can appreciate the rot and the weak system at the apex court.”

Meanwhile, about five firms have been implicated in the offering of bribes to some management staff of the Supreme Court.

According to a document obtained last night, the companies/ contractors include Willysdave Limited; Welcon Nigeria Limited; Dean Musa Nig. Limited; Ababia Ventures Limited and MBR Computers Limited.

“These companies have made useful statements on about N80.4million bribe sums so far detected. They are helping ongoing investigation.

“But the number of the companies could be more than the list at hand. We are still screening more vouchers, transfer details and procurement process. There are heaps of documents to go through. The documents we have got are sufficient for the trial of some judges and a few other accomplices.”

November 20, 2016
EFCC re-arraigns senior lawyer Ricky Tarfa for alleged bribery

The Economic and Financial Crimes Commission (EFCC) yesterday amended its 27-count charge against a Senior Advocate of Nigeria (SAN), Rickey Tarfa, at an Igbosere High Court, Lagos.

The commission re-arraigned Tarfa on a reduced 26-count on the same offences before the same court on March 10 and substituted Section 38 (2) on the charge for Section 39 (2) of the EFCC Act, 2004.

In March, the anti-graft agency accused Tarfa of, among others, wilfully obstructing its authorised officers, refusal to declare assets, making false information and offering gratification to a public official.

The commission alleged that the lawyer offered N5.3 million as gratification to Justice Hyeladzira Nganjiwa of the Federal High Court to compromise the judge.

It claimed Tarfa transferred the money in several tranches to Justice Nganjiwa between June 27, 2012 and December 23, 2014.

Before his plea was taken yesterday, Tarfa’s lawyer Abiodun Owonikoko (SAN) objected to the reading of the amended charge on the grounds that it would overreach the decision of the Court of Appeal, Lagos.

Owonikoko argued that the appellate court had fixed January 19 to hear Tarfa’s appeal, challenging Justice Akintoye’s refusal to quash the charge.

He added that the amended charge was a violation of Section 39 (9) of the Constitution, which prohibits an accused from being charged twice for the same offence.

But EFCC’s counsel Rotimi Oyedepo argued that the Administration of Criminal Justice Act (ACJA) allows the prosecution to amend a charge at any time before judgment.

He urged the court not to allow the defence delay the trial.

In a bench ruling, Justice Akintoye dismissed Tarfa’s objection, adding that there was nothing wrong with the amended charge.

She ordered the registrar to read the amended charge to the defendant, following which Tarfa pleaded not guilty.

Subsequently, the court adjourned the case till November 28, for continuation of trial.

Tarfa is also on trial before Justice Aishat Opesanwo, for, among others, obstructing EFCC officials from carrying out their statutory duties.

The EFCC alleged that on February 5, Tarfa hid two suspects, Nazaire Sorou Gnanhoue and Modeste Finagnon – both Beninoise – in his Mercedes Benz Sports Utility car, thereby shielding them from arrest.

November 17, 2016
LASU, EFCC partner on transparency

Henceforth, the Lagos State University (LASU) will set the pace in transparency and sound governance.

The 34-year-old institution says it has risen from the ashes of the past, and ready to prove skeptics wrong. To this end, the institution is seeking a deal with the Economic and Financial Crimes Commission (EFCC) to make its modest contribution in its fight against corruption.

Vice Chancellor of the institution Prof Lanre Fagbohun, spoke when LASU hosted Chairman EFCC, Ibrahim Magu, and Chartered Institute Bankers of Nigeria (CIBN) Prsident, Prof Joseph Ajibola, at a seminar organised by the university’s Faculty of Management Sciences last Thursday.

He said: “What we are doing today is discussing issues bordering on money laundering. We believe that this is the time in Nigeria, whereby we need to confront corruption headlong. To do this therefore, we felt there is the need to bring those who are involved (in the fight) and EFCC is foremost; same goes with CIBN.

“When you cut corners, it will come back to hurt you. This is the kind of campaign they (EFCC and CIBN) are laundering, and it is worthy to be applauded.”

Being an academic institution, Fagbohun sees LASU as a place for the two bodies to further push their campaigns. The professor of Environmental Law added that other tertiary institutions could take a cue from LASU to commence a renewed orientation.

“The submissions of both EFCC and CIBN laid emphasis on reorientation at very early age. This (LASU) is one of the places they can start effectively. Tertiary institutions need to know that money allocated to them is not just easy money. As managers of tertiary institutions, we need to demonstrate virtues such as credibility, integrity and excellence.”

Fagbohun said the university, under his watch, will remain glued to the tripod – teaching, research and community service.

Earlier, Magu said the visit to LASU formed a part of the campaign by the commission to show youths how corruption has affected the country’s psyche.

“We know corruption is everywhere and even beyond Nigeria. What we are saying is that if as individuals, we can make our little contributions towards the fight for corruption, I think we would be getting somewhere,” he said.

He urged Nigerians not to fail to report to the commission any individual they suspect to be living an outlandish lifestyle beyond his means, promising that such information would be treated with strict confidentiality.

November 17, 2016
Judge knocks EFCC for re-arresting Fani-Kayode in court

JUSTICE Sule Hassan of the Federal High Court in Lagos yesterday faulted the Economic and Financial Crimes Commission (EFCC) for re-arresting ex-Aviation Minister Femi Fani-Kayode on the court premises.

Fani-Kayode was arraigned with former Minister of State for Finance Nenadi Usman on a 17-count charge of laundering N4.6 billion. They pleaded not guilty.

They were charged with former Chairman of the Association of Local Government of Nigeria (ALGON) and ex-Chairman of Kagarko Local Government of Kaduna State Mr. Yusuf Danjuma, and a company said to belong to Danjuma, Jointrust Dimentions Nigeria Limited.

Justice Hassan admitted them to bail, but the commission’s agents re-arrested Fani-Kayode as he was stepping out of court on October 21.

He was taken to the court’s Abuja Division, where he was arraigned before Justice John Tsoho on a N26 million fraud charge.

When the case resumed before Justice Hassan in Lagos yesterday, Fani-Kayode was absent.

His lawyer, Mr. S. I. Balogun, told Justice Hassan Fani-Kayode was in detention at Kuje Prison, having not met his bail conditions.

He said: “When he was arrested in Lagos, EFCC did not produce any arrest warrant. The team leader said he was acting on orders from above.

“After his arraignment in Abuja, EFCC lied to the judge that it was through intelligence that Fani-Kayode was arrested and that he would jump bail. They never disclosed he was arrested in court.

“As at this morning, he has been transferred to Kuje Prison. His family and friends have been making efforts to perfect his bail. We condemn in strong terms the prosecution’s style.”

Danjuma’s lawyer Mr. S. I. Ameh (SAN) said EFCC’s action was an affront on the court.

“Most times, they do these things because they get away with it. They should have produced him in court this morning to show that what they did was not deliberate,” he said.

EFCC’s lawyer Oyedepo Rotimi said the case in Abuja had no connection with the one in Lagos.

He said he was not aware that Fani-Kayode was re-arrested on the court premises as he was attending to another case before another judge.

“My attention was not drawn to his arrest in court although I was before another judge,” he said.

He said Fani-Kayode was arrested “with a view to serving him with the charge and presenting him before Justice Tsoho for the purpose of his arraignment”.

While Rotimi was speaking, the judge cut in and said: “He (Fani-Kayode) was arrested on the court premises in flagrant disobedient of the order of this court and kept in detention for 21 days.”

The judge went on: “In a civilised society, are you supposed to keep him in detention after he was granted bail?”

When Rotimi said he was not part of Fani-Kayode’s re-arrest, Justice Hassan said: “Instead of defending what you don’t know, you should have simply said you were not privy to the facts of the case.”

It was at this point that Rotimi apologised, saying: “In the unlikely event that your lordship construes his arrest as disobedience to the order granting him bail, we apologise.”

In a short ruling before adjourning the case, the judge said he would not make any further comments not to prejudice any application Fani-Kayode might file against his re-arrest.

Usman’s lawyer Chief Ferdinand Orbih (SAN) said his client had a pending application, praying the court to transfer the case to Abuja.

“In summary, we’re saying the forum is not convenient,” he said.

In the charge before Justice Hassan, Fani-Kayode and others were accused of indirectly retaining N300 million, N400 million and N800 million – proceeds of alleged corruption.

EFCC said they allegedly committed the offence between January 8, 2015, and March 25, 2015, ahead of last year’s general election.

In another count, the prosecution alleged that Fani-Kayode directly retained N350 million, which he ought to have “reasonably known formed part of the proceeds of an unlawful act to wit: stealing.”

The commission said Fani-Kayode directly used N170 million, among other funds, which he reasonably ought to have known forms part of proceeds of corruption and stealing.

He was also accused of doing cash transaction of N24 million with Olubode Oke, said to be at large, without going through a financial institution.

The offence, EFCC said, violated sections 1(a) and 16 (d) of the Money Laundering (Prohibition) (Amendment) Act, 2012, and punishable under Section 16 (2) (b).

Justice Hassan adjourned till December 12 for trial.

November 15, 2016
Alleged N92m bribe: EFCC secures court order to detain female judge, SAN

The Economic and Financial Crimes Commission (EFCC) has secured a court order to detain a female judge of the Federal High Court, Justice Rita Ofili-Ajumogobia, and a Senior Advocate of Nigeria, Mr. Godwin Obla, in connection with alleged N92million bribe.

The judge is under investigation over a strange deposit of N69million ($150,000) into her domiciliary account; another N18 million wired into her foreign account for the purchase of a property in the United Kingdom; and alleged N5million from a Senior Advocate of Nigeria, Obla.

Also, many choice properties allegedly linked to the judge are being investigated by detectives in Lagos, Edo, and Delta states.

A top source in the EFCC, who spoke in confidence, said: “As part of the ongoing investigation of the female judge, Justice Rita Ofili-Ajumogobia, for a high-net worth bribery allegation, we have secured a court order to detain her and Gowin Obla (SAN).

“The nature of the investigation requires that she should be in custody . Her statements to our investigating team had been contradictory.

“We need to bring her together with other accommplices or suspects to hear from all sides. They will be able to say it as it is.”

Obla and the judge had contradicted themselves before the EFCC team of interrogators.

According to findings, the judge had told the EFCC that the N5million was a part payment for a N40million property she sold to Obla in 2015.

Obla, however, said the cash was meant for buying of building materials (iron rods) for a building he was putting up in Abuja and not for buying of any property.

He said the judge, who was a colleague in the university, only assisted in buying the said building materials.

He said he came across the judge during a trip to Lagos and sought for her assistance to buy the building materials.

A source said: “Obla said the judge gave him the name of someone who plies the trade. She provided the company’s name and the account number for the transaction. Obla said he paid the money and goods were supplied.

“When asked the name of the trader, receipt of transaction and delivery evidence of the goods, the learned silk said he could not remember the name of the trader or his location, neither was there any receipt or delivery note for the transaction.

Investigation by EFCC detectives confirmed that the N5million was paid into the account of a company in which the judge and her children have interest.

The source added: “The registered company, not known to be engaged in building materials or any viable business is suspected to be surreptitiously set up for the purpose of warehousing proceeds of gratification.

“The same company has been fingered in other illegal transactions, including suspicious payments of sorts by some other persons.”

The National Judicial Council (NJC) had in February sanctioned Justice Rita Ofili-Ajumogobia for misconduct on the bench.

The council also barred her from elevation to the Court of Appeal or taking any judicial appointment.

A statement by the Acting Director of Information of NJC, Mr. Soji Oye, said: “The NJC, under the chairmanship of Justice Mahmud Mohammed, at its meeting on February 24 and 25, 2016 decided to warn Justice Rita Ofili-Ajumogobia and put her on the “watch-list” of the council for the next four years.

“The judge will also not be considered for any elevation to the Court of Appeal or any ad hoc judicial appointment till her retirement from the Bench.

“The decision was sequel to the petition written against her by Victoria Ayeni, alleging misconduct and injustice on the part of Justice Ofili-Ajumogobia for failing to deliver judgment in Suit No FHC/AB/CS/31/2011, a pre-election matter between Victoria A. A. Ayeni and Olusola Sonuga and two Ors.

“She was also alleged to have adjourned the pre-election matter severally until the termination of the life span of the Ogun State House of Assembly. The decision of the Council on Justice Ofili-Ajumogobia is with immediate effect.”

November 12, 2016
FUNAAB sacks 23 staff over festering internal crisis

The crisis at the Federal University of Agriculture (FUNAAB), Abeokuta, Ogun State, have worsened as its Governing Council allegedly sacked 18 staff of the university.

Also, the Vice – Chancellor, Prof. Olusola Oyewole, in separate move, allegedly relieved five others of their appointments.

The decision to sack the affected university workers was reached at a meeting chaired by the Chairman of the Council, Senator Adeseye Ogunlewe, who is reportedly being investigated by the Economic and Financial Crimes Commission, (EFCC).

The Nation learnt that those sacked included three members of Senior Staff Association of Nigeria Universities; Lasun Somoye, Abdusalaam Sobbor and E.A. Bankole.

The trio were said to have written a petition against the management of the institution to the anti-graft agency – the Economic Financial Crimes Commission (EFCC) relied upon to interrogate the Vice – Chancellor and others recently.

Also, the trio were earlier placed on suspension by the management of the institution since August 22 with half salary before the bigger hammer fell on them last Thursday.

Others relieved of their jobs include three medical doctors – Dr Ajayi A.O., Dr Olaniran I.O. and Dr O.O. Salami, two health workers – Mr Oyero, a laboratory scientist and Miss K.O. Adeyemi, a medical record officer.

According to the letter dated November 10, 2016 and signed by the School registrar, M.O. Ayoola, the school said the decision followed a re-organisation in the University system.

“Due to re-organisation in the University system, the Governing Council has directed that your services are no longer required. Your appointment as… is therefore, terminated with immediate effect.

“Please hand over all University property in your possession to the Head of your Department/Unit immediately, while your Staff Identification Card should be submitted at the Establishment and Human Resources Directorate of the Registry. Please note that you will be paid one month’s salary in lieu of notice,” the letter reads in part.”

The Head, Directorate of Public Relations of the Institution, Emi Alawode, when contacted promised to send the university’s reaction but is yet to respond as at the time of filling the report.

November 11, 2016
Jonathan’s ex-aide alleges plot by EFCC to implicate Jonathan’s wife

THE embattled Senior Special Assistant on Domestic Affairs to former President Goodluck Jonathan, Waripamo-Owei Dudafa has accused the Economic and Financial Crimes Commission (EFCC) of illegally detaining him for his refusal to incriminate former first lady, Dame Patience Jonathan.

Dudafa made the allegation in a November 4 petition to the National Human Rights Commission (NHRC), wherein he also accused the EFCC of deliberately keeping him in detention despite his fulfilling the bail conditions set by the Federal High Court, Lagos.

The commission arraigned Dudafa on June 15, before Justice M.B. Idris on a 23-count charge bordering on the laundering of over N1. 67 billion and he is also standing trial before Justice Babs Kuewumi for other alleged offences.

But in the petition, Dudafa, who was granted N500million bail by both justices, said “despite meeting all the Herculean bail conditions as ordered by the two courts, the commission has failed to fulfil its part, by verifying all the title documents of my sureties”.

He accused the anti-graft agency of punishing him for his loyalty to former President Goodluck Jonathan and his family.

“Various attempts by my lawyer to ensure that the commission deposits my international travel passport with the court since I was admitted to bail have proved abortive, irrespective of the fact that the two courts at various sittings compelled and ordered it to release the said passport.

“The EFCC has also refused blatantly to verify all the title documents provided by my sureties at the Land Registry for over two months in relation to the bail conditions granted me by Justice Babs Kuewumi of a Lagos Federal High Court.

“From the above, it has become obvious that the EFCC is desperate to keep me perpetually in prison with the ultimate aim of killing me in prison despite the fact that my deteriorating state of health has been made known to the EFCC through a medical report dated August 29, 2016, and issued by the Nigerian Prison Service, Ikoyi, Lagos,” Dudafa said.

He appealed to the commission’s chairman “to use his good offices to intervene speedily in my predicament in the hands of the EFCC, as it is clear case of arbitrary abuse of power, flagrant disregard to court order and breach of my fundamental rights as a citizen of Nigeria”.

November 8, 2016
How businessman was duped of N30.7m, by EFCC official

TWO businessmen, Jimoh Aremu Oderinde and Sheriff Olaseni Ajaga, have been arraigned before an Ikeja High Court, for allegedly defrauding a businessman, Mr Jimoh Oyesiji, of N30.7 million.

The Economic and Financial Crimes Commission (EFCC) arraigned the defendants on a seven-count charge of obtaining money falsely, punishable under Section 1(3) of the Advance Fee Fraud and Other Related Offences Act No 14 of 2006.

An EFCC operative, Mr Kajethan Egerue, told Justice Kudirat Jose, that he knew the defendants, following a petition by one Oyesiji dated February 9, last year.

Egerue, led in evidence by EFCC lawyers, Mrs Vera Agboje and Olakunle Afolabi, said the defendants collected the money from the complainant as cost to facilitate the release of his goods seized by officials of the Nigeria Custom Service, supposedly acting on the order of their boss.

Relating how the complainant was duped, the witness said in 2014, the complainant imported 8,000 bags of rice which were seized by Customs.

He said the first defendant promised to assist him to secure the release of the goods through his contact in the Presidency.

According to him, the first defendant, Oderinde organised a meeting with the complainant during which  the second defendant, Ajaga,  acted as George Olawale, and assured their victim that he had discussed his matter with the former Customs boss, Alhaji Abdullahi Dikko.

He said the first defendant collected N200,000, while the second accepted N1 million to facilitate a meeting between them and Dikko.

The witness said: ‘’The second defendant later instructed their victim to transfer N29.5 million through his FirstBank account to secure the release of the goods but no goods were released after the transaction.’’

He further told the court that the operative then wrote the bank to get account details of Olawale and the bank responded.

”From the response we got from the bank, we discovered that the sum of N29.5 million was paid by the complainant. We also got to know that N7 million was transferred to one Toyin Oderinde, wife of first defendant while another N7 million was transferred to second defendant’s  Diamond Bank account.

“When Toyin Oderinde was invited, she said her husband (Sheriff) transferred the money into her account,” the witness said, adding that the development led to the arrest of the second defendant.

The witness further told the court that the second defendant used N7.8 million to purchase Honda Accord, 2014 model, adding that the car was later collected from him and registered as exhibit.

He said he, however, promised to refund the balance.

The witness further said the first defendant transferred his share of the money to Agro Company Limited to buy a tractor. He refunded N2 million.

However, under cross examination by the defendants’ counsel, Olanrewaju Ajanaku, the witness, said he carried out discreet investigation which revealed that  there was no prior business transaction between the complainant and defendants.

Egerue said he did not come across anything showing that the defendants have a quarry business before the incident.

November 8, 2016
EFCC traces slush funds to more Supreme Court Justices

•NJC to write judges under probe

The Economic and Financial Crimes Commission (EFCC) has traced suspicious funds to more Supreme Court Justices.

Two Justices of the Supreme Court – Justice Inyang Okoro and Justice Sylvester Ngwuta – are among the 15 judges under probe by the EFCC and the Department of State Services (DSS) for alleged corruption.

It was also learnt yesterday that the National Judicial Council (NJC) will write to judges under probe to stop perform their official responsibilities until their innocence is established.

The NJC, which took the decision last week, was said to have decided to formally notify the judges to avoid a haphazard compliance with the directive.

A source said the letters will be sent to them before the end of this week.

It was also learnt that the EFCC is preparing charges against the six judges it had interrogated.

One of the judges, whose case file was being “fine-tuned”, might face a 12-count charges.

Also, all the 15 judges under investigation by the EFCC and the DSS have had their movement restricted to the country pending the conclusion of the probe.

The EFCC team is believed to have discovered that suspicious funds were lodged in the accounts of more Supreme Court Justices.

The Federal High Court and the National Industrial Court (NIC) judges under investigation are: Justices Mohammed Nasir Yunusa; Hyeladzira Ajiya Nganjiwa; Musa Haruna Kurya; Agbadu James Fishim; Uwani Abba Aji; and Rita Ofili-Ajumogobia, Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Ladan Tsamiya, Justice Adeniyi Ademola( Federal High Court); the former Chief Judge of Enugu State, Justice I. A. Umezulike; Justice Kabiru Auta of Kano State High Court; Justice Muazu Pindiga (Gombe State High Court); Justice Bashir Sukola and Justice Ladan Manir, from the Kaduna State High Court..

An EFCC source said: “From our findings so far, there is much rot in the Judiciary.

“More Supreme Court Justices have questions to answer on suspicious funds in their accounts. We cannot give you their names but it is certain that the apex court needs a surgical cleansing.

“We are already preferring charges against some of the six judges of the Federal High Court and the National Industrial Court interrogated by our team. In fact, one of them will face a 12-count charge.

“ We do not want piecemeal arraignment of the judges in court. We plan to file charges against all of them at once.”

On the restriction of the 15 judges, the source said: “It is only in exceptional circumstances like ill-health and any emergency that these judges will be allowed to step out of the country. They have all been watch-listed pending the conclusion of investigation or their trial.”

The NJC is said to be unhappy with the Executive’s delay in acting on its recommendation of the retirement or dismissal of erring judicial officers.

The practice is that the council writes to the President (in the case of a judge of a federal court) and to the governor (in the case of a judge of a state court) about its recommendation. Either the President or the governor is required to write back to the NJC about its acceptance and execution of the council’s recommendation.

It was learnt that in most cases the Executive has always been reluctant in implementing the recommendations of the NJC and writing back.

The Chief Justice of Nigeria (CJN), Justice Mahmud Muhammed, expressed a similar reservation in an October 26, 2016 letter to a group, Socio-Economic Rights and Accountability Project (SERAP).

In the letter written by his Senior Special Assistant, H. S. Sa’eed, the CJN said: “The failure on the part of the executive arm of government to act upon recommendations by the NJC cannot be blamed upon the NJC.”

He said the Constitution empowers the NJC only to recommend to the President and the governors the removal from office of judicial officers and to exercise disciplinary control over such judicial officers, which in effect is the extent of its power to discipline.

The CJN added that it was not within the powers of the NJC to implement its recommendation of retirement or dismissal, but that the most it could do is to suspend an erring judicial officer until its recommendations are accepted by the Executive.

The Nation’s investigation revealed that the President and some governors are yet to act on some specific recommendations involving judicial officers, such as Justice Musa Ibrahim Anka (Zamfara High Court), Justice Mohammed Yunusa (Federal High Court), Justice Olamide Oloyede (Osun State High Court) and Justice I. E. Umezulike (Chief Judge of Enugu State) and Kabiru Auta (Kano State High Court).

In 2011, the NJC directed that Justice Anka be sacked, having been found guilty of gross misconduct (bribery and corruption). It found that the judge received bribe from Zubairu Abdulmalik to deliver judgment in his favour.

Justice Anka, before then had been on suspension by the NJC since July 2010, following a petition written against him by Zamfara State DSS, alleging that he received bribe from one Zubairu Abdulmalik in order to deliver judgment in his favour.

The NJC, in July, recommended to President Muhammadu Buhari that Justice Yunusa be compulsorily retired for granting interim orders and perpetual injunctions, restraining Attorney-General of the Federation (AGF), Inspector General of Police (IGP), Independent Corrupt Practices and related offences Commission (ICPC) and EFCC from arresting, investigating and prosecuting some persons accused of corruption in some cases.

Also in July, the NJC recommended to the Osun State Governor, the compulsory retirement from office of Justice Olamide Oloyede for failing “to conduct herself in such a manner as to preserve the dignity of her office and impartiality and independence of the judiciary.

The NJC, in a statement on July 18, 2016, said Justice Oloyedee “derailed when she wrote a petition against the Osun State Governor and his Deputy to members of the State House of Assembly and circulated same to 36 persons and organisations”.

The petition was said to have contained political statements, unsubstantiated allegations and accusations aimed at deriding, demeaning and undermining the Government of Osun State.

On the case of Justice Auta, the NJC, in a statement on September 30, 2016, recommended to the Kano State Governor, Alhaji Abdullahi Umar Ganduje, that the judge be dismissed and be handed over to the police for prosecution following its findings on the allegations levelled against him by Alhaji Kabiru Yakassai.

Yakassai had petitioned the NJC, claiming that he paid N125, 000.000.00 into an account approved by the Judge.

The NJC also recommended that Justice Auta be handed over to the Assistant Inspector-General of Police, Zone 1, Kano, for prosecution

Also in September, the NJC recommended Justice Umezulike to the Governor of Enugu State, Rt. Hon. Ifeanyi Ugwuanyi, for compulsory retirement.

The council confirmed the allegations levelled against him by Barrister Peter Eze.

It was alleged that Justice Umezulike failed to deliver judgement in suit No E/13/2008: Ajogwu V Nigerian Bottling Company Limited in which final addresses were adopted on 23rd October, 2014.

The judgement was however delivered on 9th March, 2015, about 126 days after addresses had been adopted, contrary to constitutional provisions that judgement should be delivered within 90 days.

It was learnt that neither the President nor the governors have written the NJC in relation to its recommendations on the judges.

November 7, 2016
EFCC quizzes female judge’s brother over N69m deposit

The Economic and Financial Crimes Commission ( EFCC) has quizzed Donald Ofili, a brother to one of the judges under probe, Justice Rita Ofili-Ajumogobia, over a strange deposit of N69 million ($150,000) into the judge’s domiciliary account.

According to a top source in the anti-graft commission, Donald was interrogated on Saturday at the Lagos office.

The source said: “We have asked him to explain the source(s) of the cash in question and for what purpose. We may invite others connected with the said cash.

“The judge’s account records indicated that the cash was paid into the judge’s account in 2014.

“This is coming barely a week after we stumbled on another N18 million wired into the foreign account from her domiciliary account for the purchase of a property in the United Kingdom.”

The National Judicial Council (NJC) had in February sanctioned Justice Rita Ofili-Ajumogobia for misconduct on the bench.

The council barred her from elevation to the Court of Appeal or taking any judicial appointment.

A statement by the NJC Acting Director of Information, Mr. Soji Oye said: “The NJC, under the chairmanship of Justice Mahmud Mohammed, at its meeting on February 24 and 25, 2016 decided to warn Justice Rita Ofili-Ajumogobia and put her on the “watch-list” of the council for the next four years.

“The judge will also not be considered for any elevation to the Court of Appeal or any ad hoc judicial appointment till her retirement from the Bench.

“The decision was sequel to the petition written against her by Victoria Ayeni, alleging misconduct and injustice on the part of Justice Ofili-Ajumogobia for failing to deliver judgment in suit No FHC/AB/CS/31/2011, a pre-election matter between Victoria A. A. Ayeni and Olusola Sonuga and two Ors…”

November 7, 2016