The Economic and Financial Crimes Commission (EFCC) has requested that cases involving it and its Acting Chairman, Ibrahim Magu be withdrawn from Justice Binta Nyako by the Chief Judge of the Federal High Court and handed to any other judge of the court.
The request is contained in a letter by the EFCC, addressed to Chief Judge of the Federal High Court, Justice Adamu Kafarati.
The EFCC said its request was informed by the need โTo avoid bias and conflict of interest, because the commission is prosecuting the spouse and step son of His Lordship (Justice Nyako), namely; Admiral Murtala Nyako (rtd) and Senator Abdulazeez Nyako respectively.โ
Lawyer to the EFCC, Wahab Shittu, who wrote the letter, dated July 31, 2018, said he was acting based on a written instruction by Magu, dated July 30, 2018, demanding that the cases, numbering about 17 be reassigned.
On Tuesday, Shittu drew the courtโs attention to a fresh letter dated October 5, this year, which he authored and addressed to the Registrar of the court, reminding it about his earlier letter of July 31 to the Courtโs Chief Judge.
The October 5 letter reads:โRespectfully, we write to draw His Lordshipโs attention to our letter dated 31st July, 2018, addressed to the honourable Chief Judge of the Federal High Court conveying our clientโs request to the Chief Judge to the Federal High Court that all matter concerning the subject matter above be transferred from this honourable court for reasons contained on our clients attaches letter.
โRespectfully we tremble in requesting that out clientโs position be respected in the interest of justice in this matter.
โKindly draw His Lordship attention to our clients โ predicament as expressed in attached letter now receiving the consideration of His Lordship, the Chief Judge of the Federal High Court.โ
The affected cases include:
The matters in question are; Barr Bello Bakari vs. AGF; Abubakar Sani vs.the Senate of the Federal Republic of Nigeria; Jibrin Samuel Okutepa vs. President of the Federal Republic of Nigeria and Lady Chidinma Udebani.
Others are the Incorporated Trustees of Justice Mission International vs. AGF; Barr Alia Jamilu vs. President, Federal Republic of Nigeria & 4 others; Emmanuel Esero vs. Ibrahim Magu; the Registered Trustees of African Patriotic Youth Assembly vs. Ibrahim Magu & 6 others.
There are also the cases involving Wale Balogun vs. the President of the Federal Republic of Nigeria and 4 others; Chijioke Kanu vs. AGF and Johnmary Chukwukasi Jideobi vs. the Senate of Federal Republic of Nigeria and 3 others be transferred.
Most of the cases relate to the dispute over whether or not Magu could continue to occupy the headship of the EFCC without the confirmation of his nomination by the Senate.
The court had, earlier in the year, upon a directive by the courtโs Chief Judge, directed that all cases relating to the non-confirmation of Magu be transferred to Justice Nyakoโs court for determination.
When all the cases were all concentrated in her court by virtue of the Chief Judgeโs directive, Justice Nyako, with the agreement of all lawyers in the case, elected to consolidate all the cases a render a single judgment that will bind all, because most of the issues were similar.
Many lawyers in the case however expressed surprise on Tuesday on learning about EFCCโs request.
They doubted EFCCโs reason for seeking the transfer of the case, but claimed the commission might have acted the way it did to prevent prompt determination of the cases.
Justice Nyako has however adjourned the cases indefinitely.
