Justice Sherifat Solebo of the Special Offences Court, Ikeja, has fixed 15th February to rule on a no-case submission filed by Esther Agbor, co-defendants of an embattled Federal High Court judge, Justice Mohammed Yunusa.
In January 2018, the EFCC arraigned Justice Yunusa and Agbor on three counts of taking bribes from a Senior Advocate of Nigeria (SAN), Rickey Tarfa, who is also being separately prosecuted by the commission on similar charges.
The anti-graft agency, in February 2020, scaled up the charges to nine counts as it re-arraigned Justice Yunusa alongside Esther Agbor, a worker at Mr Tarfa’s law firm, who was accused of paying One Million, Five Hundred Thousand Naira (N1,500,000.00) only to the judge’s bank account.
The commission, in the amended charges, accused the two defendants of attempted perversion of the course of justice, corruption by a public official, use of office or position for gratification to the tune of Two Million, Two Hundred Thousand Naira (N2.200,000.00)
While the bribery case later filed against him by the EFCC was pending at the court, the NJC in December 2020, issued a report clearing Justice Yunusa of the allegations of misconduct for which he was earlier suspended in 2020.
The NJC in a 29 December 2020 letter signed by its then Deputy Chairman, Olabode Rhodes-Vivour, who retired in March as a Justice of the Supreme Court, informed Mr Yunusa that his suspension had been lifted while the council “awaits the decision of Mr President on the recommendation.”
Although the President’s approval was still being awaited, Justice Yunusa, in January 2021, took the clearance letter issued by the NJC to the Lagos High Court judge, before whom he was being prosecuted over separate allegations of bribery, to get his trial terminated.
Acting on the letter, the trial judge, Justice Serifat Solebo, gave the order discharging Justice Yunusa in a ruling delivered on 25th January.
The EFCC had called 10 prosecution witnesses before he was discharged.
This prompted the EFCC to amend the charges to be able to proceed with another defendant who is Esther Agbor in the case.
At the resumption of the trial today, Esther Agbor’s counsel, Mr Abubakar Shamsudeen informed the court that the defence team has filed an application seeking to quash the charges against the defendant.
He noted that during the trial the prosecutor has not been able to establish a prima facie against the defendant with all the witnesses who had testified before the court.
Mr Shamsudeen said that the prosecutor is relying on speculation, not a fact to try the defendant as such the court should strike out the charges against the defendant
In a counter-reaction, the prosecuting counsel, Mr Wahab Shittu opposed the application on the ground that the essential ingredients of an offence contrary to and punishable under the law have been established by the prosecution.
He emphasized that the law is clear about offering gratification to public officers and Judge’s that it’s an offence as such the defendant has a case to answer.
He said that the prosecutor has been able to establish that the defendant transferred N1.5m to the embattled judge and she did not counter the claim during her cross-examination.
He further argued that the defendant owed the court an explanation as to why she paid the money, her relationship with the judge, and who authorized her to pay.
Mr Shittu urged the court to dismiss the no-case submission and the defendant should be ordered to open her defence
