CJ reassigns EFCC suits from Justice Nyako to Justice Ojukwu

Chief Judge of the Federal High Court, Justice Adamu Abdul-Kafarati, has reassigned cases involving the Economic and Financial Crimes Commission (EFCC) and its acting Chairman, Ibrahim Magu, being handled by Justice Binta Murtala Nyako to Justice Ijeoma Ojukwu.

The reassignment of the cases followed letter written by the acting Chairman of EFCC, Ibrahim Magu, to the Chief Judge of the Federal High Court alleging “likely bias on part of the trial judge.”

Beside several criminal cases filed by EFCC which was before the judge, Justice Nyako was also handling 14 separate suits filed either in support or against Magu’s appointment as the acting Chairman of the Commission.

EFCC last week Wednesday insisted it had written to the Chief Judge to transfer the cases when the matter came up for hearing, before Justice Nyako.

EFCC Prosecuting Counsel, Onjefu Obe, had said that the request for transfer of the cases was in a bid to obtain fair trial.

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 is also prosecuting her husband, Murtala Nyako, a former Adamawa State governor for alleged fraud”.

Obe made this known on November 21, 2018 in the course of prosecution of the quartet of Umar Audu Bida, Truth Igogori, Ifenyinwa Nwankwesiri and Ogechukwu Obaji by the EFCC over their complicity in a $1 million fraud.

It was not certain on Monday whether the 14 separate suits which has been consolidated challenging the propriety or otherwise of Magu’s confirmation, now fixed for December 17 by Justice Ojukwu would start a fresh.

In one of the suits filed by a coalition of lawyers led by Barrister Johnmary Jideobi, the plaintiff is challenging the legality of Magu’s continued stay in office on the ground that his acting capacity elapsed when the President’s request for his confirmation by the Senate as the substantive chairman was refused.

Plaintiff also stated that by the statutes, Magu’s continuous stay in his Acting capacity should be declared illegal, null and void.

But the Federal Government, through the office of the Attorney- General of the Federation had objected to the application on certain terms but specifically that the power to appoint a chairman for the EFCC, whether in acting or substantive capacity rest with the President.