EFCC Reports Justice Taiwo To NJC Over Restraining Order On Okorocha, Saraki

…writes CJ to transfer all corruption cases away from
Judge

After granting similar injunctions stopping the probe of Senate
President, Bukola Saraki, Imo State Governor, Rochas Okorocha, the
Economic and Financial Crimes Commission has dragged a Federal High
Court judge before the National Judicial Council.

The commission, apparently pissed off by what it considers as a
brazen attempt by Justice Taiwo Taiwo to stop its constitutional
duties, Will today formally present a strongly-worded petition
before the NJC against the judge.

At the same time, the petition, which was personally signed by
the chairman of EFCC, Mr. Ibrahim Magu, is to be made available to
the Chief Judge of the Federal High Court, Justice Abdul Kafarati,
asking him to retrieve all corruption cases filed by EFCC from
Justice Taiwo’s court.

A top EFCC source told Vanguard, Not Nairalaw that the
commission came to the unavoidable decision to move against Justice
Taiwo after he gave similar restraining orders to two top
politicians facing probe by the anti-graft agency within a
week.

incidentally, the two injections issued in favour of Saraki and
Okorocha against their investigation by the EFCC were argued by the
same lawyer, Sunday Onubi and and granted by the same judge on May
15 and May 8, 2019 respectively.

In the two injunctions sighted by Vanguard last night, the same
set of government agencies and officials were listed as the
respondents while Governor Rochas Okorocha and Senator Bukola
Saraki were the applicants.

The judge effectively restrained the Attorney General of the
Federation, the Inspector General of Police, the DSS, the EFCC and
the ICPC from going ahead with the probe of the applicants despite
decided cases that the agencies have the right to do so.

In a ten-paragraphed petition addressed to the NJC dated May 21,
2019, accused Justice Taiwo of professional misconduct and
impropriety and asked that he should be appropriately sanctioned to
serve as a deterrent.

Part of the petition reads: “My Lord, we respectfully petition
Your Lordship on the unwholesome Conduct of Honourable Justice
Taiwo O. Taiwo for granting orders ex-parte restraining the
Economic and Financial Crimes Commission from performing its
statutory functions in the ongoing investigation of the Senate
President, Bukola Saraki.

“The EFCC is conducting investigation into allegations of
corrupt practices by the Senate President, Bukola Saraki, while
serving as the Executive Governor of Kwara State and also as the
Senate President of the Federal Republic of Nigeria. In the course
of the investigation, Senator Saraki instituted two separate suits
Nos. FHC/ABJ/cs/507/2019 and FHC/ABJ/cs/508/2019 essentially
seeking to restrain the EFCC from performing its statutory and the
matters were assigned to Justice Taiwo O. Taiwo.

“My Lord, it is a well established legal principle that no court
has the power to stop the investigative powers of the EFCC or any
agency established under the laws to investigate crimes. This
principle has received judicial pronouncements in a host of cases,
which include: Orji Uzor Kalu v Federal Republic of Nigeria,
Attorney General of Anambra State v Uba and Obiwusi v EFCC
2018.

“My lord, despite this well established principle, Honourable
Justice Taiwo made to separate ex-parte orders in the said cases on
14th May, 2019 restraining EFCC from performing its statutory
functions of carrying out criminal investigation pending the
determination of the motions on notice.

“My lord, by ignoring or refusing to follow the above laid down
principle by superior courts; Hon. Justice Taiwo O. Taiwo acted in
bad faith and had abused his powers as a judicial officer.

“It is our further contention that the conduct of His lordship,
Hon. Justice Taiwo Taiwo, is contrary to Rule 3.5 of the Revised
Code of Conduct for Judicial Officers of the Federal Republic of
Nigeria which states that a judicial officer must avoid the power
of issuing interim injunctions.

“My lord, it is apt to mention that this is not the first time
that His Lordship Hon. Justice Taiwo Taiwo has engaged in judicial
impropriety in matters concerning the EFCC. In one of such
instances, in the 24th day of June, 2016, the EFCC applied and
secured interim freezing order from the FHC Lagos whereby His
Lordship Justice M. B. Idris ordered the Manager of Zenith Bank to
freeze the bank account Numbers: 1003126654 and 9013074033 among
others operated by Mr. Ayodele Fayose pending the investigation and
possible prosecution of the criminal case involving the
accounts.

“My Lord, Mr. Ayodele Fayose subsequently instituted another
suit No. FHC/AD/15/2016 at the FHC, Ado Ekiti Judicial Division,
praying the court for an order directing the EFCC and Zenith to
unfreeze and make the said accounts operational.

My Lord, surprisingly, Justice Taiwo Taiwo, despite being aware
of the pendency of the matter before Justice Idris and the order of
His learned brother, freezing the accounts, ordered the EFCC and
Zenith to unfreeze, unblock and make the said accounts operational
thereby constituting himself as an appellate court over the
decision of a court of coordinate jurisdiction.

“My Lord, by the code of conduct for judicial officers, members
of the public expect a high standard of conduct from a judge who at
all times must avoid impropriety and the appearance of impropriety
in all his activities both in his professional and private life. We
therefore respectfully urge your lordship to set appropriate
machinery in motion to sanction against Justice Taiwo,” Magu
said.

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