The Economic and Financial Crimes Commission (EFCC) has admonished the Chief Judge of the Federal High Court (FHC), Justice John Tsoho, not to transfer the case of Ex-pensions commission boss, Abdulrasheed to another judge.
The Anti-graft Commission called on Justice Tsoho also not to transfer the trial of his son, Faisal, and few other cases which matters had far been heard to a new judge.
It will be recalled that Justice Okon Abang was the presiding judge in the trial of the Chairman, dedunct Pension Reformed Task Team (PRTT), Maina, and his son before he was transferred to Warri division of FHC.
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The Chief Judge, Tsoho, had, in a March 16 circular, ordered a mass transfer of judges in the 36 divisions of the court and directed the newly posted judges to assume duty in their newly reassigned places on April 12.
While Justice D.U. Okonkwo took over from Abang, Justice Folashade Giwa-Ogunbanjo, who was transferred to Enugu, was replaced by Justice Zainab Abubakar, and Justice Ijeoma Ojukwu, now in Calabar division, was replaced by Justice Bolaji Olajuwon.
But no sooner than the judges’ transfer was done than the judiciary Staff Union of Nigeria (JUSUN) went on a 64-day strike to demand financial autonomy for the judiciary.
JUSUN, which began its nationwide strike on April 6, suspended it on June 9. The development, however, hindered court proceedings in the country, forcing the EFCC to apply to Justice Tsoho for a fiat to allow Justice Abang to conclude some of the cases it started, including Maina’s matter.
It is a common practice that whenever a judge is transferred before delivering judgment in a case he or she handles, the case will have to start afresh if another judge takes over.
Such a case, however, can continue only where parties in the suit apply for fiat to allow the presiding judge to conclude the matter irrespective of his or her new posting. The judge is then bound to come from his current division to hear the case.
Maina’s trial was surrounded by controversies and dramas. Maina (1st defendant) was arraigned before Justice Abang on Oct. 25, 2019, by the EFCC alongside his firm, Common Input Property and Investment Ltd (2nd defendant). He pleaded not guilty to the 12-count charge bordering on money laundering to the tune of N2 billion.
