Chain Of Fraud: EFCC Unveils Criminal Conspiracy Between Corrupt Judges And Lawyer Rickey Tarfa
The
Economic and Financial Crimes Commission (EFCC) today in Lagos unveiled
a criminal network of collaboration and illicit transfer of funds
between Justice H. A. Nganjiwa and Justice M.N. Yunusa, saying
that abundant evidence is available as to how the judiciary chieftains
obtained and transferred huge sums of money between them.
The
startling revelations are contained in a court counter-affidavit by EFCC
Special Task Force (STF) member Moses Awolusi in response to an earlier
affidavit by Mohammed Awwal Yunusa in the twisting and turning case
against senior Lagos lawyer Rickey Tarfa, who is alleged to have bribed
Justice M.N. Yunusa with N225,000 to pervert the course of justice.
Tarfa had instituted his case against his arrest by the EFCC in an effort to invoke his fundamental human rights.
About what the EFCC called a ‘chain of fraud’, Mr. Awolusi affirmed: “That
through the above network collaboration, the Applicant between 27th
June, 2012 and 23rd December 2014 paid the total sum of N5,335,000.00
(Five Million Three Hundred and Thirty Five Thousand Naira only) to Hon.
Justice H. A. Nganjiwa’s personal account number domiciled in Fidelity
Bank Plc, out of which the said Hon. Justice H. A. Nganjiwa transferred
the sum of N1,600,000.00 to Hon. Justice Mohammed Nasiru Yunusa’s
personal account No. 1005055617 domiciled with UBA Plc. A copy of the
UBA personal account detail no. 1005055617 of Hon. Justice M.N.Yunusa is
shown to me and marked ‘RT 3’.”
He said investigations
further revealed that Hon. Justice H. A. Nganjiwa also sent his company
(incorporated in 2006) bank details of AWA AJIA NIG. LTD with Account
No. 0000971931 domiciled with Access Bank Plc to Mr. Ricky Tarfa.
“That
investigation revealed that the Applicant was a referee to AWA AJIA
NIG. LTD’s account, a company, belonging to Hon. Justice H.A. Nganjiwa.
Now shown to me and marked RT 4 is a copy of the Account opening
details of AWA AJIA NIG LTD owned by Hon. Justice H. A. Nganjiwa through
which medium money has been confirmed to be transferred to Hon. Justice
M.N. Yunusa’s UBA Account No. 1005055617.”
He also
affirmed that as part of this chain of fraud, Mr. Joseph Nwobike also
transferred the sum of N300,000.00 to Hon. Justice H. A. Nganjiwa; and
Justice M.N. Yunusa received the sum of N750,000.00 from Mr. Joseph
Nwobike SAN & Co., showing evidence that the statement of Mr.
Nwobike confirmed this payment to Hon. Justice M.N. Yunusa.
Concerning
Tarfa’s original N225,000 payment to Justice M.N. Yunusa, the deponent
stressed that the cheque issued to the deponent attached as Exhibit ‘E’
was in the name of Mohammed Awwal and not in the name of Honourable M.
N. Yunusa and was therefore related to a different transaction entirely.
He
also pointed out that in the applicant’s further affidavit deposed to
on February 19, he had admitted making the payment of N225,000.00 to
Justice Yunusa, and that the circumstance surrounding the payment to the
judge relating to the funeral rites his father-in-law was different
from the course in which payment was made to the deponent by the
Applicant’s law firm.
In a later development, the Federal High
Court in Lagos today ruled that Mr. Tarfa can file a further and better
affidavit to prove that the controversial N225,000 was not paid into a
judge's account but to a former employee of his law firm.
After hearing the arguments of both parties last Monday, Justice Ibrahim Idris adjourned judgment.
But
before the judgment could be delivered today, a former staff of Rickey
Tarfa and Co, Mr. Muhammed Awwal Yunusa in a sworn affidavit stated that
he was the person into whose account Tarfa had paid the said money,
contrary to earlier depositions that the money was paid into the judge’s
account to assist him to bury his father-in-law.
This new
evidence halted the delivery of the judgment more so as Tarfa through
his lead counsel, Chief Bolaji Ayorinde, asked the court to allow him to
bring the new evidence on his record.
But, EFCC lawyer, Mr. Wahab Shittu opposed the application to file the new evidence.
Ruling
on the application, Justice Idris agreed with Tarfa and held that "in
the interest of justice, a party should be allowed to bring any evidence
or material that would aid his case."
Further hearing in the matter continues tomorrow.
Full text of the affidavit:
IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT LAGOS
FHC/L/CS/172/16
IN
THE MATTER OF APPLICATION BY MR. RICKEY TARFA SAN (TRADING UNDER THE
NAME AND STYLE OF MESSRS RICKEY TARFA & CO.)FOR THE ENFORCEMENT OF
HIS FUNDAMENTAL RIGHTS.
AND
IN THE MATTER OF FUNDAMENTAL
RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009, MADE BY THE CHIEF JUSTICE OF
NIGERIA PURSUANT TO SECTION 46(3) OF THE CONSTITUTION OF THE FEDERAL
REPUBLIC OF NIGERIA, 1999 (AS AMENDED).
BETWEEN:
MR. RICKEY TARFA SAN
(TRADING UNDER THE NAME AND APPLICANT
STYLE OF MESSRS RICKEY TARFA & CO)
AND
ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC)
IBRAHIM MUSTAFA MAGU RESPONDENTS
MOSES AWOLUSI
ILIYASU KWARBAI
COUNTER AFFIDAVIT IN OPPOSITION TO THE FURTHER AND BETTER AFFIDAVIT OF MOHAMMED AWWAL YUNUSA DATED 23RD FEBRUARY 2016
I,
Moses Awolusi, Male, Nigerian, Christian, an officer attached to
Economic and Financial Crimes Commission (EFCC) of No. 15A, Awolowo Way,
Ikoyi, Lagos do hereby make oath and depose as follows:
I am one
of the Special Task Force (STF) Team 2A assigned to investigate this
matter and the 3rd Respondent in these proceedings.
By virtue of
my position, I am conversant with the facts of this case as deposed to
herein and eminently informed and competent to depose to this Counter
Affidavit on behalf of myself and the 1st, 2nd and 4th Respondents
herein.
I have the consent and authority of the 1st, 2nd, and 4th Respondents and its counsel to depose to this Counter Affidavit.
Except
where otherwise expressly stated, all the facts deposed to herein are
within my personal knowledge, information and belief.
I have
been shown a copy of the further and better affidavit of one Mohammed
Awwal Yunusa dated 23rd February, 2016 together with the exhibits
attached thereto and I respond to same as follows:
That Paragraphs 1,2,3,4 and 5 are facts within the knowledge of the deponent therein.
That
in response to Paragraph 6, I know as a fact that the cheque issued to
the deponent therein attached as Exhibit ‘E’ was in the name of Mohammed
Awwal and not in the name of Honourable M. N. Yunusa and therefore the
cheque related to a different transaction entirely.
That in
further response to Paragraph 6 thereof, I know as a fact that in
Paragraphs 35,36,37,38 and 39 of the Applicant’s further affidavit
deposed to on 19th February,2016 the Applicant admitted making the
payment of N225,000.00 (Two hundred and Twenty Five Thousand naira only)
to Hon. Justice M. N. Yunusa as reproduced hereunder:
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