The query, which followed a petition by a civil society group, Civil Society Network Against Corruption, was signed by the Chief Justice of Nigeria and Chairman of the NJC, Justice Mahmud Mohammed.
This development is not connected to the allegation of bribery still pending against the judge.
According to a statement issued on Monday by CSNAC’s Chairman, Mr. Olanrewaju Suraju, the NJC’s query to Justice Yunusa, dated March 16, 2016 and with reference number NJC/F.3/FHC.49/1/421, demanded the judge’s response within 14 days.
The NJC’s query was said to have been served on Justice Yunusa through the Chief Judge of the Federal High Court, Justice Ibrahim Auta.
Justice Yunusa was recently redeployed from Lagos to the Enugu Division of the Federal High Court in the wake of the allegation by the EFCC that he took a bribe from Tarfa.
Tarfa is currently facing charges bordering on the bribery allegation before a Lagos High Court in Igbosere.
CSNAC had in its petition dated December 15, 2015, accused the judge of consistent refusal to abide by judicial precedents, laid down by the apex court, in granting orders and injunctions against the EFCC.
It listed some of the cases concerned as FHC/L/CS/1471/2015 Mr. Simon John Adonmene & 3ors v Economic and Financial Crimes Commission filed on September 21, 2015; FHC/L/CS/487/14 – FRN v. Michael Adenuga; FHC/L/CS/1342/15. Senator Stella Odua v. AG Federation, EFCC, ICPC and IGP; FHC/L/CS/1285/15 – Jyde Adelakun & Anor v. Chairman EFCC & Anor; FHC/L/CS/1445/15 – Dr. Martins Oluwafemi Thomas v. EFCC; FHC/L/CS/1269/15 – Honourable Shamsudeen Abogu v. EFCC & Ors; and FHC/L/CS/1012/15 – Hon. Teeth Dauzia Loya v. EFCC.
In response to the petition, the NJC in its query signed by the Justice Mohammed stated, “I forward herewith a petition dated 21st December, 2015 against you by Mr. Olanrewaju Suraju, Chairman, Civil Society Network Against Corruption, on the above subject matter.
“The petition speaks for itself. I shall be glad to have your comments within 14 days from the date of your receipt of this letter, please.”
In its petition to the NJC, CSNAC alleged that Justice Yinusa “will undoubtedly serve as a leeway for unscrupulous and corrupt individuals, who will stop at nothing to truncate their arrest, investigation and prosecution by the appropriate law enforcement agencies, to render our criminal law ineffective, as well as allowing corruption fester in the society.”
The organisation added, “The grant of the orders of mandatory and perpetual injunctions by Justice Yunusa against the EFCC is a grave departure from the established principles in the mentioned cases, as laid down by the Supreme Court and the Court of Appeal which are binding on the Federal High Court, being a lower court.
“Honourable Justice Yunusa, by the grant of these orders, has stripped the Economic and Financial Crimes Commissions of its constitutional powers as a law enforcement agency, as well its powers under the enabling law, the Economic and Financial Crimes (Establishment) Act, LFN 2004, a Federal Legislation. It is also a gross abuse of his powers as a judicial officer.”
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