The Economic and Financial Crimes Commission has accused
Justice Taiwo Taiwo of the Federal High Court in Abuja of exhibiting bias in
favour of former Senate President, Bukola Saraki and the immediate past
Governor of Imo State, Rochas Okorcha, in his handling of the cases they
filed.
The allegation is contained in two fresh motions the EFCC
filed before the court, demanding the withdrawal of Justice Taiwo from the two
fundamental rights enforcement cases filed by Saraki and Okocha.
The EFCC said although it did not hope to always win its
cases before the judge, the trend of Justice Taiwo’s orders in cases where it
was conducting corruption/financial crimes investigations, made it difficult
for it (the EFCC) to believe in the judge’s impartiality. The commission
resorted to filing the fresh motion following the refusal by the court’s Chief
Judge, Justice Adamu Kafarati to transfer the cases from Justice Taiwo’s court,
as requested by the EFCC in a petition it earlier wrote against the judge.
The grounds, on which the EFCC based its fresh motions,
include that: “His Lordship while
sitting in Ekiti Judicial Division of the Federal High Court had in two
previous cases involving former Governor of Ekiti State, Ayo Fayose,
Attorney-General of Ekiti State and officials of Ekiti State Government given
orders/decisions wherein the 4th respondent/applicant’s statutory powers to
investigate economic and financial crimes were curtailed and gagged contrary to
the established principles by superior courts.
“One is suit number, FHC/AD/CS/32/2016 between A.G. Of Ekiti
State vs. EFCC and 17 Ors, while the other has been upturned by the Court of
Appeal in Appeal No. CA/EK/8C/2017 between EFCC V. Mr. Ayodele Fayose &
Anor.
“The 4th respondent/applicant does not expect to always win
its cases before this honourable court, but the trend of decisions/orders being
made against it by my lord in cases where it is conducting corruption/financial
crimes investigations. has made it difficult for it to believe in my lord’s
impartiality.
“The 4th respondent/applicant had petitioned the Chief Judge
of the Federal High Court seeking that this matter be re-assigned from my
Lord’s court to another court, and the Chief Judge advised that a formal motion
be filed to that effect.”
It faulted the ex parte orders parte directing the
respondents in the case, including the EFCC,”to stay all action in connection
with the subject matter of this suit, to stay all action in connection with the
subject matter of pending the determination of this suit”.
The commission said the orders had an indefinite life span
“since no one can state when the main case can be determined.” It added that the orders were in the nature
of interlocutory injunction “which ordinarily requires the aderse party to be
put on notice” The EFCC stated:
“Without considering the merit in the application vis a vis
the venue of the alleged violation of the fundamental rights, the court made an
interlocutory order without hearing from the respondents applicant.
It is well established legal principle that no court has the
power to stop the investigative powers of the 4th respondent or any agency
established under the laws to investigate crimes.”
The commission argued that the orders issued by the court on
May 9 and May 14, 2019 restrained it from performing its statutory duty. Other
respondents in both cases the Attorney-General of the Federation (AGF), the
Department of State Services (DSS), the Inspector-General of Police (IGP), the
Independent Corrupt Practices and other related offences Commission (ICPC) and
the Code of Conduct Bureau.
The EFCC had, in its earlier petition to Justice Kafarati,
May 21, 2019, accused Justice Taiwo of being bias against it. In the petition, signed by the EFCC’s acting
Chairman, Ibrahim Magu, the commission equally complained about the ex parte
orders made by Justice Taiwo on May 9 and 14, restraining the commission from
continuing its investigations of certain corruption allegations against Saraki,
and Okorocha.
It requested in the petition the re-assignment of the two
men’s cases and all other ones involving it in the judge’s docket to another
judge of the court. It also recalled in the petition how the judge, out of
alleged bias while sitting in the Ado-Ekiti Division of the court, gave rulings
in favour of a former Governor of Ekiti State, Ayo Fayose.
In their separate responses, Okorocha and Saraki urged
Justice Kafarati to ignore the request by the EFCC, arguing that it was
baseless. Saraki and Okorocha also
contended that the orders made in their favour by the judge were justified
owing to the circumstances of alleged harassment by the commission leading to
their decision to file the cases in which the judge issued the restraining
orders.
When the cases came up on Thursday, Justice Taiwo drew
parties’ attention to the fresh motions by the EFCC,to which lawyers to Saraki
and Okorocha sought time to respond to. The judge consequently adjourned both
cases till September 27, 2019 for the hearing of the motions.