Magu seeks transfer of corruption cases from Justice Nyako’s court

•Commission accuses trial judge of ‘likely bias’

ECONOMIC and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu has asked that corruption cases initiated by his agency be transferred from Justice Binta Nyako of the Federal High Court, Abuja.

EFCC spokesman Tony Orilade said in a statement yesterday that Magu’s request is contained in a letter he wrote to Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

Orilade, who was silent on the date of the said letter, attributed the information to an EFCC lawyer, Onjefu Obe.

Obe was quoted as stating Magu’s position in court on November 21.

Part of Orilade’s statement reads: “Magu has written to the Chief Justice of the Federation, requesting that all EFCC court cases being handled by Justice Binta Nyako of a Federal High Court Abuja, be reassigned to another judge in a bid to obtain fair judgment.

“EFCC prosecuting counsel Onjefu Obe told the court on November 21, 2018, during the trial of the quartet of Umar Audu Bida, Truth Igogori, Ifenyinwa Nwankwesiri and Ogechukwu Obaji. They are being prosecuted by the EFCC over their complicity in a $1 million fraud.

“According to Obe, the concern of the commission to reassign all EFCC cases before Justice Nyako, borders on likely bias on part of the trial judge, considering the fact that the EFCC was also prosecuting her husband, Murtala Nyako, a former Adamawa State governor for alleged fraud.

“The EFCC had in 2017 arraigned the defendants before Justice Nyako on a nine-count charge bordering on conspiracy, forgery and obtaining by false pretence to the tune of $1million. They allegedly defrauded Donald Latella of North Park LLC of the said sum in a business deal involving the supply of about two million barrels of Bonny Light Crude Oil.

“The offence contravenes Section 8 (b) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section 1 (3) of the same Act.

“They were arraigned alongside four companies: Universal Contractors, Lambda Energy Services Limited, Double Wonder Concept Limited and ICS Energy Services Limited.

“They had pleaded ‘not guilty’ to the charges.

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“According to Obe, he had come to court fully prepared with the prosecution witnesses to proceed with the case. But very unfortunately, the case (FHC/ABJ/C12/ 266/16), was not listed in the court’s schedule for today as it is yet to be reassigned to another court.”

The statement added: “Counsel for the second defendant Solomon Agada also lamented that his client usually travels from Lagos to Abuja for the case. He, therefore, urged the court to intervene and called for the speedy reassignment of the case in order for the case to proceed.

“Both counsels however agreed to await the reassignment of the case and thereafter mutually agree on the next possible adjournment.”

A lawyer to the EFCC, Wahab Shittu, had on July 31 this year, written similar letter, in which he requested that cases involving Magu and the commission be withdrawn from Justice Nyako by the Chief Judge of the Federal High Court and handed to any other judge of the court.

The letter was addressed to Chief Judge of the Federal High Court, Justice Adamu Kafarati.

The EFCC said its request was informed by the need “to avoid bias and conflict of interest, because the commission is prosecuting the spouse and step son of Justice Nyako, namely; Admiral Murtala Nyako (retd) and Senator Abdulazeez Nyako respectively”.

Shittu said, in the letter, that he was acting based on a written instruction by Magu, dated July 30, 2018, demanding that the cases, numbering about 17, be reassigned.