Attorney General Of The Federation, Abubakar Salami
*Wants President to drop the case against Adoke, others for lack of evidence.
*Lawyers express the divergent views
*!AGF queries Magu, Keyamo overcharge against CCT chair
Doosuur Iwambe, and Myke Uzendu, Abuja
In what appears to be a confusion and lack of direction in the fight against corruption, a letter written by the Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), to President Muhammadu Buhari, urging him to back off on his administration’s legal battles against the principal actors in the controversial Malabu Oil deal has sparked a row in the country.
While some lawyers backed Malami for exercising the power of nolle prosequi, (power to continue and terminate any case in court), some other lawyers described what the AGF did as contrary to the mantra of Buhari’s war against corruption and politicising the system.
Speaking during separate interviews with The Daily Times on Monday, the lawyers said that the development will far-reaching effect on the war against graft. The lawyers are Chief Mike Ahamba (SAN), Mallam Yusuf Ali (SAN), Mr Femi Falana (SAN), Prof. Koyinsola Ajayi (SAN), Chief Mike Ozekhome (SAN), Mr Anthony Agbonlahor, Manny Ikpebe, Terhemen Ibeh and Hameed Jimoh. Speaking in a telephone interview, Ahamba (SAN), said: “I cannot comment on the propriety or otherwise of the action taken by the AGF. It is a professional matter and I don’t comment on issues that the facts are not before me.
“I don’t have details on Malabu oil except what I read in the newspapers. Those who ate the money are there and I don’t know why Malami has written to the president seeking to discontinue some of the cases. So whether he is wrong or right I cannot say for now.”
In his comment, Yusuf Ali (SAN), said: “As the Chief Law officer of the country, he is the only minister recognised by the 1999 Constitution (as amended) and empowered to enter any matter and to either continue or terminate it.
“Malami should be commended for doing his job diligently. As the chief law officer of the land, the EFCC, ICPC, Police and any other prosecuting agencies are under him.
“The ideal thing is that all these prosecuting agencies when they have carried out their investigation ought to get necessary input from the office of the AGF.
“In other words, the office of the AGF ought to scrutinise the level of investigation by the agencies in order to ensure that they have a prima facie case that could be sustained in the courts because investigations are very crucial and germane in any case that is referred to court for adjudication.
“It is because this procedure is not usually followed, that is why you have cases thrown out. Once you do not have a good evidence to build up your case, it will be thrown out.
“Regarding the case of Malabu, Malami should be commended because he has done a good job. There is no point in engaging in endless litigations as it is obvious in the view of the AGF that there is no prima facie case on Malabu matter”.
Falana said, “ Instead of writing to the president or issuing queries, the AGF should exercise his powers under section 174 of the Constitution by filing nolle prosequi to terminate the criminal proceedings if he is sure that the EFCC has abused the prosecutorial powers of the state.”
Prof. Konyinsola Ajayi, in his reaction, said: ” From what we know from the facts of the case as presented to the public, this will be one of few that will not bring the voices on the government to congruence at the confluence of our large rivers (of justice).
“I expect water ran against its course with PDP perhaps hailing it, and Puritans bemoaning it. I am constrained on this occasion to side with the AGF. I could see no probable cause other than impugning acts of state; undermining the office of the President and treating the kicks of the slaughtered cow as tremors of a quake.
“Pressing on would have meant no international or domestic government, business, or person should trust the executive acts of the President, supported by various ministers and agencies of the state. It is a sad narrative that EFFC is unable to see the wood for the trees, and in what appears to be a quest for enemy’s fall rather than blind cause of justice, EFFC was blinded in the glare of the sun of justice as it came out of the darkroom unprepared as a true independent non-partisan Puritan warrior. If only EFFC has seen the signals.”
For Ozekhome (SAN), “That is how it should be. The AGF is the chief law officer for the whole country. He is supposed to be a prosecutor and not persecutor under section 174 of the 1999 Constitution. Once he finds that a case lacks certain ingredients to sustain its prosecutor, he should do the needful by discontinuing it, rather than get humiliated in open court.”
Anthony Agbonlahor in his contribution called on the AGF to use his powers appropriately. He said even though the constitution has empowered the AGF to enter the power of nolle prosequi, the powers should not be abused most especially by a government that came on board with the mantra of fighting corruption.
But Manny Ikpebe wondered why the AGF did not write directly to the court of whatever his intention was.
He said, “If the AGF had intended to enter a nolle prosequi, the letter would have been sent to the court directly and not the president.
“If the said letter was directed to the court, it won’t have raised any question because that way; Nigerians will know that he is only exercising his power of nolle prosequi which requires no explanation but writing a letter to the president now brings him to the political terrain and politics and law at this stage do not go hand on hand.
“What he did is not good for the people and the image of the country at all because Nigerians want to see people presumed to be corrupt go through the process and sentenced accordingly but when you do not allow the process of law to go through completely, it will dampen the spirit of the people”.
For Terhemen Ibeh, nothing is wrong with what the AGF did.
He said: “Since the constitution has empowered him, he has no explanation for his action. The AGF is answerable to the president and is not out of context for him to inform him of his decision, hence the president is the Chief Executive Officer”.
In his view, Hameed Jimoh said that by virtue Section 174 of the 1999 Constitution and other judicial pronouncements, the AGF is empowered to exercise discretion to decide whether to send a letter for Presidential approval or to act without recourse to him on any matter before the court.
He said, “So, sending the letter the President is a discretionary act which no court can query or compel him to act in one way or the other.
“Only that it might be viewed that seeking President’s approval might just be to prove the degree of his loyalty to the President and might be political tactics.”
The Daily Times recalls that Malami had in the letter dated September 27, 2017, urged Buhari to back off on his administration’s legal battles against the principal actors in the controversial Malabu Oil deal.
The raging scandal over the OPL 245 oil block began in 2011 when the former President Goodluck Jonathan administration approved its purchase by Shell and Agip-Eni from Malabu Oil and Gas Ltd., a suspected briefcase firm with ties to Dan Etete, a convicted criminal who was Nigeria’s petroleum minister from 1995 to 1998.
The Jonathan administration officials who participated in the negotiation preceding the controversial sale of the massive oil block included former AGF, Mohammed Adoke (SAN) and Mrs Diezani Alison-Madueke, who was the former Minister of Petroleum.
Jonathan himself was named by investigators as being involved in the alleged fraud, but the former president strongly denies the charges.
The Economic and Financial Crimes Commission has been pursuing fraud and criminal conspiracy charges against Adoke, Mr Etete and their alleged accomplices since 2016. Adoke and Etete are at large while the anti-graft agency had repeatedly sought to fish them out.
In his letter to President Buhari, the AGF Malami said following due examination of the case files, he was able to determine that the EFCC has no significant evidence to prove its allegations of sharp practices against prominent players like Adoke, Diezani and others.
Meanwhile, the Al-Mushahid Initiative for Transparency and Accountability (AITA) has urged President Buhari to ignore the letter written to him by the AGF Malami, urging him to stop the legal battles against the principal actors in the controversial Malabu Oil deal.
President of AITA, Ambassador Aminu Abubakar Majidadi, who was reacting to a letter asking President Buhari to stop the prosecution of Diezani and Adoke over their roles in the controversial Malabu oil deal, said that everybody close to the president should encourage him to bring the prosecution to its logical end. Majidadi said it is untenable for anyone to ask the President to hands off this international case when everyone especially those working with this administration should be seen at the forefront of helping the President to achieve his anti-corruption war.
He said, “We urge President Muhammadu Buhari to ignore this letter but should rather redouble the efforts at seeing this case to its logical conclusion in the interest of national development and honour. This should even be a yard-stick to tackle other dragging corruption cases.”
He also called for special anti-corruption tribunals to fast-track stolen fund recovery and successful prosecution of corruption cases.
In a related development, the strained relationship between the AGF Malami and the Acting Chairman of the Economic and Financial Crimes Commission EFCC), Mr Ibrahim Magu, deepened on Monday as Malami queried Magu over the criminal charge filed against the Chairman of Code of Conduct Tribunal (CCT), Danladi Yakubu Umar.
The AGF also asked Mr Festus Keyamo (SAN) to explain his role over the two-count corruption charge filed before an Abuja High Court against the CCT Chairman.
In the query dated February 16, 2018, and with Reference No DPP/ADV: 368/15 signed by Mr Dayo Apata, the Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Magu has been asked to make his response available to the AGF on or before Tuesday (today).
Magu is asked to explain what informed the filing of corruption charges against the tribunal chairman after the EFCC had twice cleared Umar of the corruption allegation.
The query titled “FRN VS Danladi Umar (CR/109/18) request for Briefing” read thus: “The attention of the Honourable Attorney General of the Federation was drawn to the news report that the Economic and Financial Crimes Commission has filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.
“I am directed by the Honourable Attorney General of the Federation to seek clarification from you as to whether the charges were filed on your instruction or directive and if in the affirmative, what is the compelling basis for doing so. This clarification becomes imperative in view of the following background facts.
“The Commission’s investigation report dated 5th March 2015 addressed to the Secretary to the Government of the Federation stated as follows: “The facts as they are now against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the defence.
“The Commission’s position in paragraph 2(a) above was also maintained and sustained by the Honourable Attorney General of the Federation while appearing before the House of Representatives’ Investigative Committee sometimes in 2015 to the effect that report of investigations showed that the allegations against Hon. Justice Danladi Umar were based on mere suspicions.
“In view of the foregoing, the Honourable Attorney General of the Federation requests for your prompt briefing as to the existence of new facts which are contrary to the position in your attached investigation report, sufficient evidence or other developments upon which the prosecution of Hon. Justice Danladi can be successfully based.
“Kindly accord this letter top priority while your prompt response within 48 hours from the receipt of same is required in the circumstances.”
Also, in a separate letter to Keyamo (SAN), the AGF asked the lawyer who was purportedly engaged by Magu to prosecute the CCT boss to confirm who authorised him to file the corruption charge against Umar.
Keyamo was also given till Tuesday (today) to furnish the Office of the AGF in writing the detail of who engaged or issued him with authority to file the corruption charges.
The letter to Keyamo with reference No DPP/ADV: 369/15 dated February 16, 2018, which was also signed by the Solicitor General of the Federation and Permanent Secretary, reads in part:
“The attention of the Honourable Attorney General of the Federation was drawn to the news report that you have filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.
“The Honourable Attorney General of the Federation hereby requests that you kindly furnish this office with the details of the instruction or authorisation upon which you instituted the case under reference. Kindly accord this letter top priority while your prompt response on or before Tuesday, February 20, 2018, is solicited in this regard.”
Although the EFCC had in two separate letters it sent to the Federal Government through the Secretary to the Government of the Federation in 2015 and 2016 cleared Umar of any wrongdoing in an alleged N10 million bribery allegation by Rasheed Taiwo Owolabi who is standing trial at the tribunal over false asset declaration, the Commission went ahead and charged the tribunal chairman.
It is instructive to note that Umar’s clearance was done by the former Executive Chairman of the EFCC, Mr Ibrahim Lamorde in a letter reference No EFCC/EC/SGF/03/56 dated March 5, 2015, which exonerated the CCT boss.
The letter stated that “the facts as they are against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the offence.”
While the other EFCC’s letter stated that a further investigation in 2016 on the N10m bribery revealed that it remained a mere suspicion.
The EFCC report received by the office of SGF on March 6, 2015, was categorical that “the facts as they are against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the offence.”
The EFCC’s second report with reference EFCC/P/HRU/688/V30/99 dated April 20, 2016, and submitted to the SGF and signed by the Secretary to the Commission, Emmanuel Adegboyega Aremo, read in part: “Kindly recall our correspondence of March 5 2015 with Reference EFCC/EC/SGF/03/56 with above subject caption. We will like to reiterate the Commission’s position in regard to this matter as earlier communicated to you and state that the allegation levelled against Justice Umar were merely suspicions and consequently insufficient to prosecute the offence.”
The EFCC had on February 2, 2018, brought a two-count charge against the CCT Chairman, Danladi Yakubu Umar, bordering on alleged receipt of N10m bribe from one Rasheed Owolabi Taiwo in the charge signed by Festus Keyamo as a private prosecuting counsel and one Offem Uket, an official of EFCC.
Umar was accused of receiving N1.8m through his Personal Assistant, Gambo Abdullahi, for a favour to be afterwards shown to the petitioner who was standing trial for a criminal offence before the tribunal.
Meanwhile, March 15 has been fixed for the arraignment of the CCT boss at the High Court of FCT, Abuja. (Daily Times)