Justice Binta Nyako, one of the wives of former Adamawa State Governor, Murtala Nyako, withdrew yesterday from cases involving Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu.
Most of the cases, 19 in all, are querying the propriety of Magu’s continued occupation of the headship of the EFCC, even after his nomination by President Muhammadu Buhari was rejected twice by the Senate.
Announcing her withdrawal yesterday, Justice Nyako hinged her decision on the persistent request by the EFCC that the court’s Chief Judge, Justice Adamu Kafarati, transfer the cases from her court in view of the ongoing trial of her husband and step son, Abdulazeez (a serving senator) by the commission.
Nyako and his son, Abdulazeez, are being tried with some others on corruption related charges before Justice Okon Abang, another judge of the Federal High Court.
The trial is ongoing at the Federal High Court Abuja, where Justice Nyako also sits.
Earlier yesterday, Justice Nyako drew the attention of lawyers in the cases to some number of letters by the EFCC, to the court’s Chief Judge, demanding the re-assignment of the cases to any other judge.
The judge said the fear expressed by the EFCC, to the effect that the commission’s prosecution of her husband and step son would affect her decision, was unwarranted.
Justice Nyako said the trial of her husband and his son would not affect her decision in the cases. She noted that any party, dissatisfied with her decision in the suits, has the right of appealing.
The judge noted that since justice was rooted in confidence, she was left with no option than to withdraw from the cases and return them to the Chief Judge for re-assignment.
A plaintiff in one of the cases, Wale Balogun, said the EFCC’s request for the re-assignment of the cases was without basis.
He noted that the EFCC has, before now, won some cases, particularly those relating to forfeiture of assets of suspects, before the judge.
Balogun noted that it was a ploy by the EFCC to delay the determination of cases.
Justice Nyako, after announcing her withdrawal yesterday, adjourned the cases indefinitely, pending their re-assignment to another judge.
Most of the cases relate to the dispute over whether or not Magu could continue to occupy the headship of the EFCC without the confirmation of his nomination by the Senate.
The court had, earlier in the year, upon a directive by the court’s Chief Judge, directed that all cases relating to the non-confirmation of Magu be transferred to Justice Nyako’s court for determination.
When the cases were all concentrated in her court by virtue of the Chief Judge’s directive, Justice Nyako, with the agreement of lawyers in the case, elected to consolidate the cases and render a single judgment that will bind, because most of the issues were similar.
Magu had, in a July 30, 2018 letter, to the lawyer handling the cases for the EFCC, Wahab Shittu, requested that he take steps towards ensuring the re-assignment of the cases.
Magu had stressed in the letter that the transfer was necessary “to avoid bias and conflict of interest because the commission is prosecuting the spouse and step-son of His Lordship, namely Admiral Murtala Nyako (retd), and Senator Abdulazeez Nyako, respectively”.
Based on Magu’s letter, Shittu wrote a letter dated July 31, 2018, to the Chief Judge of the Federal High Court, demanding that the cases be transferred to any other judges.
Again, Shittu wrote a reminder on October 5, 2018 addressed to the Registrar of the Federal High Court, drawing attention to his earlier letter, which was yet to be acted on.
Copies of the October 5 letter were sent to lawyers to parties in the affected cases.
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