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A background to this drama hereinafter unfolded…
The AGF had on September 6, 2007 demanded an apology from the Chairman of the EFCC, Mallam Nuhu Ribadu, over the ‘rudeness’ of the commission’s counsel, Mr. Adebisi Adeniyi, to the nation’s Director of Public Prosecutions, Mr. Salihu Aliyu. Adeniyi and the DPP had on September 5 openly disagreed in a Federal High Court in
Abuja
over attempts by the office of the AGF to take over the trial of Kalu from the EFCC. Kalu is standing trial for a 107 – count charge of alleged mismanagement of N1bn. In a purported defence of the rule of law, the Attorney-General "ruled" that the charges filed by the EFCC against ex-gov Orji Kalu are illegal on the ground that they were filed in defiance of the ex parte order issued by an Umuahia High court. Sometime in May 2007, Chief Orji Kalu had approached the High court of Abia state holding at Umuahia for the protection of his fundamental rights to personal liberty. While granting him leave to enforce his fundamental rights, the high court directed that the leave shall operate as a stay of action pending the final determination of the substantive application…
Per, Chief Michael Aondoakaa (SAN) the Attorney-General of the Federation and Minister of Justice - “The chief law officer of the Federation”!
"If somebody comes to you and explains himself over an issue to the effect that the lawyer in question went beyond his brief and that he acted in error, I consider that as an apology...The EFCC blamed the situation on communication gap and I honestly understand with them. It is not a personal thing between the commission and myself. I have buried the issue which is not significant to distract my official duties."
Per Barrister Mallam Nuhu Ribadu – The anti-corruption Czar!
“The attention of the commission has been drawn to news reports that it tendered an apology to the Attorney-General of the Federation, Mr. Mike Aondoakaa, regarding the ongoing trial of former Abia State Governor, Chief Orji Uzor Kalu, currently facing criminal charges of money laundering to the tune of about N1bn, property of Abia State Government. The commission deeply regrets that its statutory anti-corruption and anti-money laundering mandate is being dragged into a murky political terrain by those who apparently seek to provoke it into a challenge with executive power.
For the avoidance of doubt, the commission will never put itself in a position to do battle with those whose mission is to aggravate and stampede it to actions that are inconsistent with its mandate. The commission never obtained a request, could therefore not, as indeed would never so, apologise for prosecuting criminal charges, which are properly defined within its statutory responsibilities. Keen observers of developments affecting the commission will recall that this type of provocation is not new and will probably not end soon.
To be sure, however, no formal records in the commission today suggest that an apology emerged from it to any person. The commission wishes to reiterate that its investigations and prosecutions of public officers are properly in sync with statutory demands to improve the integrity quotient in public service. And while this may not sit well with subjects under the commission’s scrutiny, they will be well served to appreciate that there are no personal scores involved."
Per Femi Falana – Eminent Lawyer and Human Rights Activist
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“With respect, the interpretation of the learned Attorney-General to the effect that Chief Kalu could not be arrested or charged to court until the final determination of the application for the enforcement of his fundamental rights is totally misleading. In the case of Nzewi and others vs. Commissioner of police (2000) 2 HRLRA 156 the applicants complained of arbitrary arrest and detention by the police. The federal High court granted them leave to enforce their fundamental rights and directed that leave should operate as a stay of further action pending the determination of the substantive case. The applicants proceeded to commit the respondents for contempt when they were invited by the police to answer the criminal complaint against them. In dismissing the application for contempt, the federal High court (per Ajakaiye J.) held inter alia:
"It is clear that what the Court intended in that order is that the applicants should not be arrested unless there is a legal basis or justification for it. It cannot be said to mean that the order granted to the applicants is a general bill of immunity or insurance from legal processes or redress in appropriate cases. The order was not meant or could not have intended to make the applicants or any of them an institution or anybody above the law. It was implicit in that order that while they carry on their lawful business peacefully and while they continue to be law abiding, their fundamental rights as enshrined in our constitution remain inviolate and guaranteed. No court of law can make an order capable of turning a citizen into an outlaw." |
Since the EFCC arrested Chief Kalu and charged him to the federal high court promptly it cannot be said by any stretch of imagination that the order of the Umuahia High Court was disobeyed by the anti-graft agency. In any case if the EFCC has committed contempt in the circumstances, it is left for the Umuahia High Court to take appropriate action under the law. The honourable chief law officer has no power whatsoever to usurp the judicial functions of the Abia state High Court. Therefore, the pronouncement credited to him on a matter that is pending Instead of playing on the collective intelligence of Nigerians, the Umaru Yar’Adua regime should be courageous enough to drop all corruption charges against his brother Governors and stop masquerading under the Rule of Law”.
Per Alhaji Umaru Musa Yar’Adua, the President and Commander-in-chief of
Nigeria
Armed Forces – ‘servant leader’ but the buck stops here
Lift the ban on importation of bagged cement into
Nigeria
if the price of cement is not brought down through due process!
Declare Emergency in the power sector but observe due process!
Unbundle and scrape the NNPC which was established under the NNPC Act of 1977 and amended in July 2007 without recourse to the National Assembly – that of course is due process!
Suspend the CBN's strategic new naira policy - it did not follow due process!
Suspend or scrap the reforms in the Education sector started under Mrs. Oby Ezekwesili – ‘madam due process’ herself!
Suspend the Health care projects in the local governments in
Nigeria
through Due process!
Suspend the prosecuting powers of the EFCC if it does not follow due process but reverse it later under the heat.
Finally, just go slow, take it easy!
Apology: (synonyms - apology, apologia, excuse, plea, pretext, alibi). 1. A poor substitute: 2.An expression of regret for a mistake or wrong with implied admission of guilt or fault and with or without reference to mitigating or extenuating circumstances. 3. Apologia implies not admission of guilt or regret but a desire to make clear the grounds for some course, belief, or position. 4. Excuse implies intent to avoid or remove blame or censure. 5. Plea stresses argument or appeal for understanding or sympathy or mercy. 6. Pretext suggests subterfuge and the offering of false reasons or motives in excuse or explanation. 7. Alibi implies a desire to shift blame or evade punishment and imputes mere plausibility to the explanation. – Merriam-Webster Dictionary
Is the first 100 days of President Yar’Adua an apology - a poor substitute? A rudderless ship? Reactionary? Siddon-look?
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Authors 
Posted by Robot| 13.09.2007 10:01