Thursday 28 July 2016

Obey the Rule of Law, Judge tells EFCC Lawyer

A Lagos High Court Judge, Justice Oluwatoyin Ipaye of Ikeja division has scold the Economic and Financial Crimes Commission, EFCC, for what she described as 'gross professional misconduct'.
Justice Ipaye gave the bashing while hearing a criminal charge filed by the agency against a business woman, Mrs. Moji Yakubu, and her company, Monan Trading Company and Nine persons over alleged eight hundred million naira land theft charge.
The commission had alleged that Moji Yakubu and her co-defendants had conspired to steal about 10 hectares of land located at Sangotedo, Lagos.
During the defendants formal arraignment in February this year, the judge had raised the issue on whether land can be stolen and asked the EFCC counsel to address her on the matter.
When the matter came up, Justice Ipaye informed parties that the ruling was not quite ready and that the matter would be adjourned till September.
However, Counsel to the defendant, Mr Yemi Adeshina drew the attention of the judge to the forfeiture order allegedly obtained by the EFCC against his client.
According to him, EFCC lawyer went before another judge, Justice Aishat Opensanwo and obtained a forfeiture order to temporary seal an ongoing project by Monan Trading Company on the 10 hectare land.
He told the court that the order amounted to window shopping by the EFCC, while urging court to set aside the suit.
When asked by the judge if the allegation by Adeshina was true, EFCC lawyer, Sonaiki confirmed  that he had actually gone before Justice Opesanwo to obtain the temporary forfeiture order.
The judge expressed dismay over Shonoiki action for going  before another court to obtain such order when the matter was still pending before her court.
Justice Ipaye noted that it appeared that the EFCC was poised on taking the law into its hand.
Ipaye noted the action of the EFCC lawyer was in bad taste and capable of giving the commission a bad name.
Addressing the EFCC Lawyer, Ipaye said: "It appears that you are keen on taking the laws into your hand. Why would you go before another court for this kind of order when the matter is before me? This kind of action is what is giving the judiciary a bad name."
In a shot ruling Justice Ipaye said she would institute a disciplinary action against the EFCC lawyer before the appropriate authority.
She subsequently adjourned the matter till September 14, 2016 for ruling on the defendant's application to set aside the forfeiture order and on whether land is capable of being stolen as contained in the EFCC charge.

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