Facts have emerged on how telecommunication giant, MTN Nigeria Communication Limited forced the embattled Judge of the National Industrial Court, Justice James Agbadu-Fishim, to hands-off its case for allegedly soliciting financial assistance to foot funeral bills from its counsel.
The Plaintiff was Sigismund Taiwo Williams, while MTN Nigeria Communication Limited was the defendant.
A document exclusively obtained by The Complete News showed that the MTN wrote a strong worded petition to then President of National Industrial Court, Honourable Justice Osatohanmwen Ayodele Obaseki Osaghae accusing Justice Agbadu-Fishim of gross misconduct stressing it lacked confidence in the judge and subsequently requested for the re-assignment of its case before him to another Judge.
Consequently, Justice Agbadu-Fishim withdrew from the case with the suit number: NICN/LA/ 182/2013 on May 20th, 2014.
Explaining why he disqualified himself from proceeding with case, the Justice-Fishim wrote in his ruling:
“The defendant’s counsel in this case had informed my colleague Hon. Justice O.A. Obaseki-Osaghae( Then President of the National Industrial Court) that I had sent a text message to him asking him for money in February this year due to the fact that I was bereaved.
“The said text message was forwarded by my learned brother to me and the Presiding Judge of Lagos Division. The defendant’s counsel also said as a result of this his client, MTN Nigeria. Communication Limited has lost confidence in me and would want me to disqualify myself from handling this case.
He continued, “After reviewing the allegation and the need to preserve the parties’ confidence on the court, I hereby disqualify myself from further hearing of this matter. This case file is hereby returned to the Hon. President of this court for re-assignment to another Judge. Hearing Notice will be issued to the parties after this is done”.
Justice Agbadu-Fishim who is allegedly notorious for requesting for financial assistance from people of means including senior lawyers is currently undergoing investigation with the Economic and Financial Crimes Commission.
Senior lawyers who responded to his usual distress calls in the past include: Dr. Muiz Banire, SAN, Paul Usoro, SAN, Chief Gabi Adetola-Kaseem, SAN and Chief Felix Fagbohungbe among others. The affected legal practitioners had appeared before the EFCC for interrogation.
It will also be recalled that yesterday one of the affected senior lawyers, Dr. Banire who was the National Legal Adviser of the ruling All Progressives Congress, APC temporarily step –aside as the APC legal adviser pending the outcome of the investigation.
In his letter to the National Chairman of the APC, Chief John Oyegun, among other things Banire said , “I have gone to the above length so that other members of the National Working Committee of our Party may become fully apprised of the allegation and the facts surrounding it, at least, as I have come to know/understand them. It is equally important to state that the said judge under one guise or the other solicited and collected from several other lawyers with not less than nine senior advocates involved as at the last count.
“The said judge does not deny the fact of solicitation equally. “My concern for the name and image of the party has become heightened following the frenzy of press reports (allegedly based on undisclosed EFCC sources) that have followed my interrogative visits to the EFCC all of which have not failed to play up the fact of my being the National Legal Adviser of our party, the ruling party.
“I have, throughout my life, believed in the primacy of the whole over its constituent parts, and, therefore, in the importance of building and doing everything possible to preserve the institution over and above the personal interest of any individual within that institution. “For me, this Party, our Party, and the government which it now leads at the federal level stands for something beyond any individual interest; I see it as the last beckon of hope for our long-suffering people.
“Whatever is necessary to be done to preserve it and ensure its effectiveness in order for it to attain and achieve its full potential must be done; and where that calls for our individual sacrifice, we must willingly offer it. That is the challenge before all of us, who genuinely seek a change in the pitiable situation of our country, Nigeria. “Therefore, as surreal as I find the allegation to be, I will not stand by and watch it negatively affect the name of the Party”.
