Piqued over explanation of the Economic and Financial Crimes Commission, EFCC, that the visitation of its Chairman Abdulrasheed Bawa, to the Administrative Block of the Chief Justice of Lagos State as routine, a legal practitioner and human rights activists, Mr. Kayode Adaramoye, has called on relevant authorities to beam its searchlight on the claim.
To Adaramoye, the purported meeting with a judge, Justice Christopher Balogun as reported in This Day newspaper publication of 19th April, 2022 is so weighty and deserves thorough investigation and sanction.
Earlier in the month of May, 2022, Adaramoye raised the issue in a press release titled: “The Visitation of Abdulrasheed Bawa, Chairman of Economic and Financial Crimes Commission (EFCC) To The Lagos High Court Judge,” dated 5th May, 2022.
But finding by our reporter revealed that the news about the controversial meeting spread like a wildfire in the Lagos judiciary as disclosed by a top member of staff in the judiciary who did not want his name in print told the reporter that a female registrar from Justice Balogun’s court led the Bawa to the venue of the meeting.
The source further said that while the Chairman of the anti graft agency entered the building using the Appeal Section of the building, Justice Balogun entered through the main entrance door to the building.
“It was a meeting held at the speed of light. The Chairman of EFCC used the small door leading to the Appeal Section department. My lord Balogun entered through the main door. The meeting lasted less than 30minutes.” The source disclosed.
The source further affirmed the fact that the controversial meeting was held shortly after Mr. Bawa stepped out of the witness box where he had testified in a case between the Federal Republic of Nigeria versus Nadabo Energy Limited, Mr. Abubakar Ali Peters. Mr Bawa has been in the witness box for over five years in the said criminal case pending before Justice Balogun before he became the EFCC boss.
Speaking on the controversial meeting, Adaramoye said that he was left with no alternative than to echo his voice on the subject matter after the anti graft agency Chairman accepted responsibility for meeting Chief Judge and silence on weighty allegation of meeting the judge in a response to This Day Publication of Tuesday 19 of April, 2022, on the allegation.
He said the confirmation of the allegation raised by This Day newspaper and some online media has violated the principle of fair hearing on the criminal trial of Nadabo Energy Limited, Mr. Abubakar Ali Peters.
Adaramoye said the meeting described by the EFCC as “routine” has cast big doubt on the impartiality of the trial judge in the matter FRN v Abubakar Ali Peters.
According to Adaramoye, “the time and venue of the meeting has back stabbed the principle of fair hearing which is the fulcrum of justice, equity and good conscience.
I have, as a legal practitioner and a Nigerian, carefully refrained myself from commenting on the issue of the alleged meeting between the EFCC Chairman, Abdulrasheed Bawa and the Lagos State Judge. However, I cannot but make my comment after the confirmation of the same by the EFCC as a ‘routine’ or courtesy meeting,” he said.
He further said that the time and place of meeting between the Chairman of EFCC, the Chief Judge of the state and the trial judge Justice Christopher Balogun of the Lagos High Court has given them out that it was held in bad faith as it has a negative effect on the trial.
He said: “That the EFCC Chairman would have chosen another day and time for the ‘courtesy or routine visit.’ That by stander cannot but read or impute the meaning of bad faith to the matter with the ultimate end of compromising the criminal case of Mr. Abubakar Ali Peters.”
He noted that the action of Mr. Bawa to hold a meeting with the trial judge has eroded the principle of fair hearing in the trial as their action has arm-twisted justice to the prosecution’s favour.
“That fair hearing is the fulcrum of justice, equity and good conscience. And that the confirmed visit cannot but erode the confidence of the defendant and the societies who are interested parties in the ongoing trial in the case. It is thus confirmed that fair hearing on this matter has been arm-twisted and justice cannot be attained in this matter.
It is therefore against this aforesaid that I believe that the umpire saddled with adjudicating on this matter has been a suspect as to the impartiality of adjudicating in this matter.
The confidence always associated with the fair hearing in a trial, very particularly in a criminal trial has been violently tampered with by this inauspicious visit.
It is the duty of the court to safeguard the rights and liberties of individuals and to protect them from any abuse or misuse of power. This dictum of Justice C. A. Oputa in Federal Civil Service Commission & Ors Vs. J. O. Laoye (1989)4 SCNJ (pt.11)146 at179 has been desecrated and violated by the so-called routine and courtesy visit of the EFCC Chairman.
This unfortunate visit becomes more worrisome when it is juxtaposed against the state of moral topsy-turvy the country finds itself in today. The moral propriety of the meeting is out of serious question and jeopardy.
It is in the light of the above that in the interest of justice, equity and good conscience that this matter be reassigned to another judge immediately, to do otherwise is to behead justice at dawn.” Adaramoye submitted.
It is noteworthy that Mr. Bawa was head of the team that investigated the matter long before he became the Chairman of the EFCC.
The trial commenced in 2012 and he has been in the witness box for the past five years.
