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Thursday, June 23, 2011

EFCC asks judge to disqualify self from ex-banker’s trial

The Economic and Financial Crimes Commission on Wednesday asked a Lagos High Court judge, Justice Adeniyi Onigbanjo, to disqualify himself from further hearing of the two cases involving former Managing Director and Chief Executive Officer of Bank PHB Plc, Mr. Francis Atuche.
A counsel to the EFCC, Mr. Sebastine Hon (SAN), told the court to hand-off the prosecution’s two separate applications in the cases, one involving Atuche and Mr. Funmi Ademosun; and the other involving the ex-bank MD and Mr. Lekan Kasali.
The EFCC’s applications came on the heels of the refusal of the Lagos State Chief Judge, Justice Inumidun Akande, to re-assign the cases to another judge, as the commission had requested in a petition.
In the applications dated June 22, the EFCC asked for an order of the court, presided over by Justice Onigbanjo, to disqualify itself from further presiding on the cases or any other application pending before it.
In one of the applications, EFFC asked the court to give an order “that this Honourable Court presided over by Honourable Justice Onigbanjo to excuse, remove and or disqualify itself from presiding over, sitting upon or hearing to determine or continue to preside over the determination of charge No. ID/150C/2011.”
The EFCC said it would not get justice from the judge.
Justice Onigbanjo adjourned the matters to September 19 after Atuche’s lawyer, Mr. Rickey Tarfa (SAN), and other defence lawyers requested for time to respond to the EFCC application.
The anti-graft agency had, in a petition dated June 8, asked the CJ to re-assign the two cases to another judge, claiming that Justice Onigbanjo had earlier in a ruling on the accused persons’ application for bail made comments that amounted to prejudging the substantive suit.
The anti-graft agency, in the petition, had alleged that Justice Onigbanjo’s comments that the two cases involving Atuche and two others were substantially similar to the case with Suit No. FHC/L/396C/09 the EFCC preferred against Atuche at the Federal High Court, Lagos.
The CJ, responding to EFCC’s petition in a letter dated June 15 and signed by the Deputy Chief Registrar of the High Court, A. Ipaye-Nwachukwu, stated that the rulings on which their petition was premised only formed part of the rulings of the court.
By Ade Adesomoju                           Courtesy Of: Punch

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