42
Law & Justice
Monday, February 11, 2013
National Mirror www.nationalmirroronline.net
‘We should blame lawmakers, prosecutors’
Yusufu
CONTINUED FROM PAGE 41 with the committed offence.” On his part, Mr. Jibrin Okutepa, SAN, blamed the EFCC for changing the law. His words: “As a matter of fact, EFCC which chose to arraign the convict under S.309 of the Penal Code law, has also joined in the criticisms pouring against the poor learned trial judge... instead of insulting, castigating and blaming the learned trial judge for what appears to be a disproportion sentence, compared to the amount of money stolen, we should blame the lawmakers and the prosecutors who decided to arraign Yusufu under the law wherewith he was convicted. “It is, therefore, necessary at this stage to look at the EFCC Act and see what are the punishments prescribed therein to fight corruption...Clearly, there can be no argument that judges cannot travel outside of the law a person is charged to impose punishment ac-
Mallam Ali (SAN)
INSTEAD OF CASTIGATING THE JUDGE, WE SHOULD BLAME THE LAWMAKERS AND THE PROSECUTORS, WHO DECIDED TO ARRAIGN YUSUFU UNDER THE LAW WHEREWITH HE WAS CONVICTED cording to their whims and caprices. “My view is that instead of inciting the public against the poor judge, we must rise in his defence and condemn in strong terms EFCC which, out of deliberate sabotage, decided to charge the convict under S.309 of Penal Code Law. “My conclusion is, until we all resolve to fight corruption and do so with patriotic and committed zeal, we all will be crying over spilled milk and blame wrong persons for our failure to do what is right”, Okutepa stated.
Francis Famoroti, Head, Judiciary desk
J
Chief Oke ( SAN)
ustice Musiliu Abisola Ope-Agbe is a retired Judge of the Lagos State High Court. He was appointed to the Bench on November 18, 1986 and retired on March 31, 2000. Prior to his retirement, he was one of the most hardworking judges of the state judiciary. He was always punctual and exhibited fine comportment on the Bench. Ope-Agbe was a diligent and upright judge and lawyers would readily attest that he sat at exactly 9.00 am prompt, hence those who had cases before him never compromised being punctual in court. He demonstrated admirable qualities of a judge, patience, brilliance and erudition. He was cautious in his decisionmaking and appropriately deferential to the executive and legislative branches of government. He was unfailingly polite to everyone. In every respect of the word, Ope-Agbe was a gentleman. He was of enormous value to the judiciary and regrettably; he could not reach the higher Bench before he eventually bowed out at the age of 65. While on the Bench, he had the rare privilege of being addressed as ‘’My Lord’’ by former President Olusegun Obasanjo,
Convicted Yusufu was charged with an “illegal act” of stealing pension funds meant for police retirees. Other co-conspirators still standing trial are: Esai Abubakar, Ahmed Inuwa Wada, John Yakubu Yusufu, Atiku Abubakar Kigo, Mrs. Veronica Ulonma Onyegbula and Sani Habila Zira. Specifically, the convict pleaded guilty to counts 18, 19 and 20, where he was alleged to have connived with others still standing trial to convert the sums of N24.2 billion, N1.3 billion and N1.7 billion respectively,
The offence, according to the commission, was committed between January 2009 and June 2011 at Abuja Division of the High Court of the FCT. Indeed, if Yusufu were to be tried in Lagos under S.390 (5) CC, he would be liable to seven years imprisonment without option of fine. Yusufu was on January 28, this year, re-arraigned before Justice Adamu Bello of a Federal High Court, Abuja, on a fresh four -count bordering on his failure to disclose his assets as they relate to his interest in a company called SY -A Global Services Limited. Counts two and four of the fresh charge read: “That you John Yakubu Yusufu on or about 14th February, 2012 at Abuja in the Abuja Judicial Division knowingly failed to make full disclosure of your assets and liability in the Declaration of Assets Forms filled by you, by not declaring your interest in the N250, 000, 000 (Two hundred and fifty million naira) you lodged in a fixed deposit account with the Zenith bank in the name of SY -A Global Services Limited a company in which you are the sole signatory to its account and you thereby committed an offence punishable under Section 27(3) of the Economic and Financial Crimes Commission (Establishment, etc.) Act CAP E1 2004. “That you John Yakubu Yusufu on or about 14th February, 2012 at Abuja in the Abuja Judicial Division, knowingly failed to make full disclosure of your assets and liability in the Declaration of Assets Form filled by you, by not declaring your interest in the sum of N29,000,000 (Twenty nine million naira) which was fixed on your instruction by one Danjuma Mele in his company account in the name of Jidag Technical Services Ltd with Diamond Bank and for your benefit and you thereby committed an offence punishable under Section 27 (3) of the Economic and Financial Crimes Commission (Establishment,etc.) Act CAP E1 2004.”
Celebrating judicial icon on Bench
and the late Biafran warlord, Ikemba Nnewi, Emeka Ojukwu, when they appeared separately before him as litigants. Obasanjo had testified before Ope-Agbe during the hearing of the libel suit he filed against the New Nigerian Newspapers in the early 90s. Similarly, Ojukwu had also testified as a defendant before the judge in the debt recovery suit instituted against him in the Lagos High Court by a French Bank, Banque Afrique Occidental in Cote D’Ivoire. An old boy of C.M.S Grammar School, Lagos, Ope-Agbe was born on March 31, 1935. He attended to Holborn College of Law in the United Kingdom (UK) between 1961 and 1964 and was called to the Nigerian Bar in 1966. He began his legal practice in the law firm of Oluwa, Kotoye and co, Lagos in 1966 till his appointment as Magistrate Grade 11 by the state judiciary. He rose through the ranks in the Magistracy till he was promoted Chief Magistrate Grade 1 on June 1, 1981. Ope-Agbe transferred his services to the Federal Judicial Service as the Deputy Chief Registrar of the Justice Ope-Agbe Supreme Court on February 1, 1983 and was appointed judge March 31, 2000, was Ope-Agbe was appointed the Administraof the Lagos State High Court on November 18, 1986. tor of the National Judicial Institute (NJI) in succession to reNotable among the cases he handled was trial of a socialtired Supreme Court jurist, Justice Andrew Obaseki. As NJI ite, Jennifer Madike and her cousin, Doris Obi, who were boss, he discharged his duties efficiently and he put the instiboth convicted for forging the handwriting of the former first tute in good stead before the expiration of his tenure. lady, Mrs. Mariam Babangida in the early 90s. The retired judge has, to his credit, some published works Due to his erudition on the Bench, he was appointed as namely, ‘’Overview of Failed Banks Tribunal Decree 1994, Dithe Judge/ Chairman of the Failed Bank Tribunal (Zone 2), rectors Liability’’, ‘’Overview of Failed Banks Tribunal Decree Lagos. 1994 NDIC Experience, and Adequacy of Institutes Curriculum He recorded a feat for being the first chairman of the triin responding to the Needs of Judicial Officers specially Lower bunal to secure conviction of suspects linked with financial Court judges .’’ malpractices when he jailed four top executives of the defunct Today, Ope-Agbe is enjoying his retirement with his spouse, Alpha Merchant Bank. Yetunde and children. Barely one month after his retirement from the Bench on