Nwobike SAN, filed 2 of 8 suits that earned Justice Yinusa NJC’s sanction – EFCC

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* How Nwobike SAN, Corrupted A Federal Court
Judge

The Economic and Financial Crimes Commission (EFCC) on Wednesday
made a shocking revelation before a Lagos High Court, Ikeja
Judicial Division. The anti-corruption agency revealed how an
embattled senior lawyer, Dr Joseph Nwobike corrupted a Federal High
Court judge, Justice Mohammed Yinusa.

EFCC Prosecutor, Mr Rotimi Oyedepo told Justice Raliat Adebiyi
how Dr Nwobike handled two out of the eight cases that led the
National Judicial Council (NJC) to sanction Justice Yinusa.
Oyedepo, the made this known while cross-examining the SAN in his
ongoing trial for perverting the course of justice and offering
gratification to public officials.

Cases where misconduct and perversion of justice is established
include John Simon Adhomene V The EFCC and Dr Femi Thomas V The
EFCC. The prosecutor Showed Nwobike a letter from the NJC dated
Nov. 8, 2016 which was addressed to the Acting Chairman of the
EFCC, Oyedepo said “The NJC had considered the Simon John Adhomene
suit and Dr Femi Thomas suits you filed against the EFCC.

Oyedepo said: “In recommending Justice Yinusa for dismissal, it
was the findings of the NJC that the decision of the judge
restraining the EFCC in those cases and five other cases were
contrary to the Supreme Court decision in A.G Anambra V Andy Ubah.
Out of the eight cases adjudicated by Justice Yinusa, the handling
of which he was recommended for dismissal, two of those cases were
filed by you.”

Confronting Nwobike further about the John Simon Adhomene V The
EFCC suit, Oyedepo said “Are you aware that as a SAN, a statutory
body should not be restrained from carrying out its lawful duties.
Would you agree with me that your client Mr Adhomene was a public
servant and a staff of the Niger Delta University?

‘In the Simon Adhomene suit your prayer was that Justice Yinusa
should set aside the order of interim attachments granted by the
Lagos High Court. You also asked Justice Yinusa for an order
preventing the EFCC from restraining, inviting, interrogating,
arraigning, and detaining your client in this suit;

“Your client Mr Adhomene prior to filing this suit was yet to
report to the EFCC not withstanding an invitation to him. Your
friend Justice Yinusa presided over this matter, stopped the EFCC
from arresting and arraigning your client. He set aside the order
of the Lagos High Court which froze the account of your client as
shown in exhibit 11;

“When you filed the suit before Justice Yinusa, the EFCC had
filed a counter-affidavit and had attached the Lagos High Court
order freezing that account to it,” he said.
Oyedepo alleged that prior to the suit being filed before Yinusa ,
the SAN allegedly had text message communication with one Mr Jide,
a Deputy Registrar of the Federal High Court requesting the case be
assigned to the judge.

“At 6.43am on Sep. 28, 2015, you sent the suit details of the
Adhomene V EFCC case to the Mr Jide, you included the name of
Justice Yinusa in that text,” Oyedepo alleged.

Responding to the EFCC allegations, Nwobike said “I was not
aware that my client was under investigation by the EFCC, I was
only aware of the facts given to me by my client. The brief I had
was that the EFCC was not conducting the matter within the ambit of
the law that set it up and that we should go to court seeking an
order directing the EFCC to comply with the law. I can’t recollect
knowing the fact that my client was a public servant before the
commencement of the charge.”

On the Dr Femi Thomas V The EFCC case, Oyedepo noted that text
messages asking that the case be assigned to Yinusa were exchanged
between the SAN and Mr Jide.
He said “For the second case that led to Justice Yinusa’s sanction
which is Dr Femi Thomas V The EFCC, you forwarded the suit number,
parties and Justice Yinusa’s name via text message to Mr Jide on
Sep. 22, 2015.

“You also forwarded the same suit details to Mr Baruwa of the
Federal High Court on the same day. When Collins the lawyer in your
chambers was almost done filing the suit at the registry, he sent a
text to you. He told you in the text to call Mr Jide because he was
informed by Mr Baruwa that you should call him. Justice Yinusa also
heard that suit,” he said.

The EFCC prosecutor also revealed details of more text message
communications between the SAN and court officials from an
Extraction Report beamed onto a projector in the courtroom.

“At 16.27 on June 2, 2015, you sent the suit details to Mr Jide
of Transnational Corporation V Attorney-General Federation with the
names Yinusa J or Saidu J stating that ‘there is urgency’.
“You received the suit details of AMCON V Chief Aribisala on April
16, 2015 from Mr Felix Deckon your litigation officer.

“At 18.01 the same day, you forwarded the text to Mr Jide
mentioning ‘Idris J because he handles all the sister cases’.
“On April 14, 2015 a text message with the suit details of Ikeja
Hotels V Goodie Ibru was sent to you.

“About 15 minutes later, you sent the details of this suit and
suggested Justice Yinusa.
“This matter was eventually assigned to Justice Yinusa on April 15,
2015.

“Mr Felix Deckon upon filing the suit of Toyin Subair V GTB and
five others in court, sent the suit details to you on April 13,
2015.

“Immediately you received the text, you sent the details of the
suit to Mr Jide stating that it was a fundamental human rights
action adding that it should be assigned to Yinusa J.

“On Dec. 9, 2015 you sent the suit details of AMCON V Mettle
Energy and Gas to Mr Jide, you suggested that the matter should go
before Justice Aneke.

“This suit went to Justice Aneke and you appeared before him.”
Oyedepo said.

Nwobike, however, did not outrightly deny sending the text
messages.

The court adjourned further hearing in the case till July 21 for
continuation of trial.