 | | Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One!
Submitted by Robot
Oct 8, 2007
| Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Corruption is worse than terrorism
A comparison of corruption devastation on Nigeria with... Read the full article. |  Member rating | | Relevance of Topic | N/A | Uniqueness: How different is this from other writeups? | N/A | Timelessness: Will this still be a good read in years to come? | N/A | | Author's Writing Style | N/A | |
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| | | | | | | | | | Oct 8, 2007
, 09:41 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! ...limited to three cities; vide New York, Pennsylvania and Washington DC.
Paul, Paul, Paul:
You didn't mean that Pennsylvania thing up there, did you?
Later
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| | Oct 9, 2007
, 07:20 AM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Oga Paul,
If you go through my posts, you will find that I am one of your admirers.
Today, I write to point out two types of flaws in this and some of your other writings.
Number one, the mistake you make frequently is the gratuitous use of hyperbolic titles and headlines. Can you really mean that the AG is Nigeria’s number one public enemy? Can you really mean that he is aiding and abetting the escape of criminals? Come on, Paul. Perhaps you do it to get attention, but it has the effect of giving some of your writings the appearance of trashy tabloid journalism. Such hyperbolic headlines, used too many times, turn off some readers from even reading the articles.
Number two, please take the time to read and re-read your articles before publishing them. This latest article, just like some previous ones, has many (although minor) grammatical mistakes. I assume that you miss these errors because you were in a hurry to publish. But readers and admirers of other writers (Ndibe, Abati, for example) mentally associate well-written, grammatically-correct articles with professionalism and consequently accord the opinions of those writers high credibility and respect. In other words, the quality of the writing affects the credibility of the message. If your goal is to affect public opinion and Nigerian government action, as opposed to writing to entertain, a polished writing will seriously improve your chances.
Just a couple of friendly observations and I hope you see them in that friendly spirit.
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| | Oct 9, 2007
, 01:09 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Oloye Sir,
I disagree with you completely on your failure to see the implications of the unfortunate actions of our so-called AGF. I'm afraid Paul Adujie hit the nail head on. The actions of the AGF are very much malignant to the fight against corruption. You obviously belong to the line of the divide buying into this fraudulent use of the 'rule of law'. I respect your views and simply beg to disagree.
Having said that, I guess I would have been very grateful to you for the very friendly tips in your comment, if they were addressed to me. I hope Paul Adujie will take heed and apply more care in future write-ups.
Cheers Sir!
__________________ Frisky Larr (M. A.)
Radio/Television Journalist/Communication Scientist
Govt.-accredited Translator/Interpreter of the English language
Germany
Email: FriskyLarr@aol.com |
| | Oct 9, 2007
, 01:11 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Oloye wrote: Can you really mean that the AG is Nigeria’s number one public enemy? Can you really mean that he is aiding and abetting the escape of criminals?
I answer with a resounding yes to both of your questions!
As far as I am concerned, corruption is worse than terrorism... it therefore follows that Nigeria is in a state of war against something worse than terrorism and there are no holds barred... and anyone including your friend, Mr. Andoakaa, who is writing get-out-jail cards for looters is what he is....
NIGERIA'S PUBLIC ENEMY NUMBER ONE! Take that to the bank!
No genuflecting from me for Mr. Andoakaa and his types!
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| | Oct 9, 2007
, 03:18 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Isn’t the present political leadership founded largely on a pedestal of dishonest appropriation of the people’s votes? Isn’t the present AG nominated for a purpose, to wit subversion of the corruption crusade against the erstwhile governors? The Attorney General has been doing a great job so far – subversion of the truth and manipulation of the due process of law! He, the incumbent AG, belongs to an administration that lacks a fundamental credibility of mandate. Did anyone really expect this man to perform better than this? Have we all quickly forgotten the last AG, Bayo Ojo, who was found guilty of professional misconduct by the UK Law Society – twice? A petition against Bayo Ojo was sent to the Nigerian Bar Association but nothing was heard of it till date! Only a few Lawyers are prepared to stand up and be counted when it comes to condemning the shenanigans of their peers in Nigeria. Legal Practice in Nigeria is largely unregulated hence we easily have men lacking in moral rectitude being nominated as Chief Law Officers! Men and women of integrity are scarce in Nigeria. What we have been cursed with a charlatans and rogues masquerading as politicians! Just look at the characters of the Senate President, the Speaker of the House of Representatives, et al! Those of them masquerading as good Muslims – and a good Muslim (if there is any) will not accept stolen mandates – are on pilgrimage to Mecca, all funded of course by the tax payers!
Unless somebody cart all these looters to long-term jail or do us an eternal favour by shooting them, lessons will never be learnt and this charade will continue. 47 years after independence...look at us! We still cannot feed our people, educate our children, provide basic necessities of life, etc!
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| | Oct 9, 2007
, 03:41 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Originally Posted by Frisky Larr Oloye Sir,
I disagree with you completely on your failure to see the implications of the unfortunate actions of our so-called AGF. I'm afraid Paul Adujie hit the nail head on. The actions of the AGF are very much malignant to the fight against corruption. You obviously belong to the line of the divide buying into this fraudulent use of the 'rule of law'. I respect your views and simply beg to disagree.
Having said that, I guess I would have been very grateful to you for the very friendly tips in your comment, if they were addressed to me. I hope Paul Adujie will take heed and apply more care in future write-ups.
Cheers Sir!
Thank you Mr. Larr.
I agree that I have joined "the line of the divide buying into .... the 'rule of law'"
It is the highest ideal of a democratic society: the same law and the same due process for every citizen, big or small, poor or rich, accused or innocent.
As to whether the advocates are using 'the rule of law' in a fraudulent manner, based on my readings so far, I respectfully disagree with you.
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| | Oct 9, 2007
, 06:23 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Number two, please take the time to read and re-read your articles before publishing them. This latest article, just like some previous ones, has many (although minor) grammatical mistakes. I assume that you miss these errors because you were in a hurry to publish. But readers and admirers of other writers (Ndibe, Abati, for example) mentally associate well-written, grammatically-correct articles with professionalism and consequently accord the opinions of those writers high credibility and respect. In other words, the quality of the writing affects the credibility of the message. If your goal is to affect public opinion and Nigerian government action, as opposed to writing to entertain, a polished writing will seriously improve your chances.
Just a couple of friendly observations and I hope you see them in that friendly spirit.
Thanks, Oloye.
After all these years, I just keep wondering if the moderators/owners of the board ever care; whether they have ever brought this to his attention, or they think that doing so might not be good for business. Well, my take is that, it's bad for business.
Now, before someone jumps in with the nobody-is-perfect cliché, I hastily admit that I'm not perfect, but g-o-s-h!
Later
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| | Oct 9, 2007
, 10:58 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Saul Adujie:
When will you stop being an i diot with all the miasma of gobbledegook that you m oronically exhale in Cyberspace with unbridled avidity and resounding gusto in order to make headline???? As usual, foolish title and stupid article. I didn't even bother to read it because I know this dunderhead is full of fiddle-faddle.
Presidency
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| | Oct 11, 2007
, 05:44 AM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! THE RABBLE AND ITS DING-DONG
That the current AG (AGF, for short) Aondoakaa is doing an excellent job with his insistence, that is to say that of the Yar'Adua administration, on due process and the rule of law as guiding principles for Nigerian civility is not in doubt. Only criminally minded individuals and those that did benefit tremendously from the rascality and lawlessness of the previous Obasanjo regime and would want to continue doing so have a problem with the new posture which is the antithesis of the reign of criminal impunity and terror that was the hallmark of the violent kleptocracy of the Obasanjo misrule between 1999 and 2007. Today, sadly, one is witnessing a lynch mob constituted essentially by Third Term apologists, carpet baggers of every hue, mindless opportunists who milked Nigeria dry and genuine but misguided characters join a wayward chorus out to smear the AGF through a resort to sophistry and the type of crude posturing and rabble-rousing that is reminiscent of the ugly days of the Obasanjo dictatorship.
Yet, it is clear that discerning minds repudiate the rabble and its ding-dong - the hangover from the impunity of the militaristic antics the nation was witness to in the last eight sordid years of Ali Baba. It is noteworthy that the heckling the AGF has been subjected to is the kind that is couched in pedestrian ethos that pander to emotionalism as opposed to appealing to rationality. It is the stuff that raw, grotesque propaganda of the vilest kind is made of.
Nigerians in their majority should remember that the Obasanjo interregnum, as evil and as nightmarish as it was, is no more. This is a fact that is hard for pro-Obasanjo acolytes and footsoldiers to swallow. And that is precisely why they are desperate. Their desperation to remain relevant is informing the vicious attacks against the AGF. That way, they hope to villify and cause unnecessary diversions for the Yar'Adua government. The perpetuation of the status quo is good for them. It is in their interest that Yar'Adua fails. Resorting to complacent and corrupt elements within a segment of the national media, the cabal that reigned supreme during the Obasanjo kleptocracy is especially irked by the AGF's principled stand on the rule of law. Citizens also remember vividly the illegalities and lawlessness the EFCC under Ribadu and his political master, the crooked Obasanjo, inflicted on the nation in a cynical but hypocritical witch-hunt of the ex-tyrant's political foes wickedly and infantilely masked as the war against corruption.
Well, Nigerians rejected what Obasanjo stood for and still do so. This is a critical point the rabble should take note of in their misguided campaign of calumny against the AGF. AGF, EFCC And The Rule Of Law
Leadership
Abuja
Tuesday, Oct. 09, 2007
By Max Gbanite
In this very analytical and engaging argument, Max Gbanite describes how the law enforcement agencies handle their jobs with flagrant abuse of the rule of law.
"The sacred rights of mankind are not to be rummaged for, among old parchments, or musty records. They are written, as with a sun beam in the whole volume of human nature, by the hand of the divinity itself; and can never be erased or obscured by mortal power."
Alexander Hamilton, 1775.
The rule of law is perhaps the most important stabilizing link to the establishment of true democracy. Rule of law does not protect or project any particular ethnic group, the rich or the poor; instead, it guarantees to protect the rights of the offender as well as that of the defender, and any individual’s right to fairness. The recent attack on the Attorney General of the Federation and Minister of Justice (AGF), Chief Michael Kaase Aondoakaa (SAN), by Chief Falana, the President of West African Bar Association, is in bad taste.
About two years ago, Mr. Falana argued for the plaintiff in a case involving a daughter of Chief MKO Abiola, Chief Tony Enahoro and Dr. Arthur Nwankwo (plaintiffs) vs. General Abdulsalam Abubakar (defendant) in a United States’ circuit court. He posited that the court should allow the case to be tried in the United States, not in Nigeria, because in his view the plaintiffs will not get justice due to "lack of Rule of Law." He was probably correct then in his assessment of ‘rule of law,’ as practised under former President Obasanjo and given that he is an articulate lawyer and a Senior Advocate of Nigeria (SAN)-in-waiting who understands the tenets of the laws of Nigeria. Why now ridicule the AGF on an issue he has already argued and stood for in the United States?
We all agree that Nigeria needs a vibrant and purposeful organization to tackle the menace of corruption and reduce it to the barest minimum. However, such an organization must not be seen to constrict and abduct the rights of the citizens on one hand and obliterate the rule of law and the constitution on the other. Mr. Nuhu Ribadu as head of EFCC, though a lawyer and policeman by training, has done more harm to the Constitution of Nigeria than the military. Whereas the military could be pardoned, after all, theirs is government by decree, Mr. Ribadu should he is operating under a democratic setup where the rule of law is essential.
In 1999, then defence minister General T.Y. Danjuma, GCON, discovered that President Obasanjo’s nephew, Mr. Makonjuola, allegedly stole well over 400 million naira, he handed him over to the police for prosecution. This novel case of corruption fell on Nuhu Ribadu’s desk in the DPP’s office. Mr. Ribadu prepared almost a 15-count case against the accused. Unfortunately for Nigeria, either for lack of legal knowledge, legal errors or inexperience, and youthful exuberance, Ribadu lost all counts in court. It was said that he went back to prepare another 22 count, but the AGF, after the embarrassment and having seen the legal incompetence displayed and being suffocated by pressure from the presidency, declared the case ‘nolle prosequi’ as a way out. After the case was discharged, President Obasanjo probably noticed that Ribadu with less legal prowess, will make a good cop. Therefore, when EFCC was created Obasanjo appointed Ribadu to head it.
Let us look back at some of the illegalities that Obasanjo, in collaboration with EFCC, the police, and SSS brought upon Nigerians and which almost destroyed the same nascent democracy that we are building. His actions generated bad blood among some of the people of Nigeria. There were the abduction of elected legislative assembly members of Bayelsa State by EFCC and were taken to Lagos against their will and forced to impeach the elected governor, who main offence was that he was alleged to be corrupt but who was against the third-term ambition of the former president. The constitutional requirements for such an impeachment were disregarded.
Clearly the rule of law was severely abused. Elected legislative assembly members of Plateau State, were kidnapped by EFCC and moved to an unknown location against their will and coerced under duress to impeach an elected governor, again without the quorum required under the Constitution. Though alleged to be corrupt and an acolyte of the then Vice President Atiku Abubakar, and was against third-term agenda, the process was devoid of due process or the rule of law. Others include the intrusion by security agencies and the then AGF, Mr. Bayo Ojo, (SAN) in the affairs of Oyo State, resulting in the illegal impeachment of the elected governor without constitutional quorum: The illegality was approved by then AGF Bayo Ojo; his interpretation of the Constitution was so warped and at variance with the reality that I went to the African Independent Television (AIT) to discuss the matter. The rule of law was garrisoned by PDP’s elder-statesman-thug, Chief Adedibu. Obasanjo, the State Security Services, the police, and EFCC were again implicated in the execution of an illegal operation tagged ‘Get Ayo Fayose’ in Ekiti State. The elected governor was again impeached without quorum. Some members of the legislative assembly were kidnapped and moved to a secret hideout, where they carried out the impeachment. Yes, he was alleged to be corrupt, but he claimed that he was impeached because he built a large chicken farm for the state, and this farm was to challenge Otta Farms (owned by Obasanjo).
In Anambra State, the police, led by the late AIG Ige, acting on what he (Ige) called "orders from above" and in collaboration with one of the Uba brothers and some shameless Anambra indigenes, abducted a sitting state governor, Dr. Chris Ngige, forced him to sign a forged letter of resignation, and wrecked havoc on the state.
Hon. Morris Ibekwe, a serving member of the House of Assembly, was arrested by EFCC for financial crimes (419), committed against a German national. He was denied bail. He subsequently died in custody. His wife and children were stripped of his assets, and the German who was equally a crime partner was let free.
Hon. Mrs. Bagge, the chief registrar of FCT courts, was arrested by EFCC based on illegal accusation from her male predecessor. Her rights were abused as EFCC refused to grant her bail, though a lower court had ruled in her favor. It took a higher court’s affirmation to get EFCC to conform to the rule of law. EFCC ultimately lost the case because of lack of preparation and proper investigations. Had they investigated the allegations in the first place, they would have found that the charges against Mrs. Bagge were false. Thank God, she is back to her seat and doing her job with due diligence. The court has since ruled that all her assets and property confiscated by EFCC be returned to her immediately. However, as of the time of writing this piece, it is not clear if EFCC has complied with the order of the courts.
There are many more examples. While these illegalities were going on, the same critics of the new AGF and rule of law were crying foul against EFCC, police, and the SSS on the manner with which EFCC abused the rule of law. Have we forgotten the numerous occasions that the SSS, under Colonel Are, invaded media houses, especially LEADERSHIP Newspapers without warrants from the courts? On other occasions, they did not obey court orders to release detainees. Is our memory so bad that we have forgotten how the former Minister of FCT, Malam El-Rufai approved the demolition of houses and structures against court orders? Yes, whilst Mr. Rufai deserves praise for his focused attention in restoring the city, he and his office blatantly flaunted the rule of law.
Now, obtaining of court orders does not end a case; instead, it means that the other party needs to apply to a higher court to overturn the earlier order in order to continue with the case. These are the wonderful blessings of democracy.
One might argue that some laws are antiquated and need to be reviewed and reformed, but that is up to the National Judiciary Council, the Body of Benchers, and Nigerian Bar Association. They need to refine the laws, lobby the members of the National Assembly through their chairmen of the judiciary committees. Most importantly, lawyers must be cautioned to stop filing frivolous lawsuits which clog the wheel of justice in their attempts to frustrate a case.
Section 36 (1) of the 1999 Constitution stipulates: "In the determination of his civil rights and obligations, including any question by or against any government or authority, a person shall be entitled to fair hearing within a reasonable time by court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality."
Simply put and according to The Guardian editorial of September 6th 2007, "In decoding the expression ‘reasonable time’ the Constitution states that in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of 40 kilometers, ‘reasonable time’ means a period of one day (or 24 hours); and in any other case, a period of two days (or 48 hours), or such longer period as in the circumstances may be considered by the court to be reasonable. If any arrested or detained person, who is not entitled to bail, is not tried within a period of two months or, where he has been released on bail, he is not tried within a period of three months from the date of his arrest or detention he "shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date
The SSS did not follow the above when they arrested my friend Mr. Gbenga Arulegba of AIT for simply restating what he read in the newspapers regarding the Presidential jet being a used aircraft and not a new one, though President Obasanjo was alleged to have paid for a new plane. The case is still in court, and the government knows that at the end of the day, it will be embarrassed, and that is why they are stalling.
The absence of the practice of rule of law during the eight years of President Obasanjo gave the security agencies the impetus to invade an ANPP political rally in Kano and attack their leaders with tear gas; the inhalation of that nauseous gas by Dr. Chuba Okadigbo, former Senate President, and ANPP vice-presidential candidate, led to his untimely death a few days later. If the rule of law had been in place, the security agencies would not have stopped the anti-third-term meeting, organized by elected members of the national assembly, some state governors, and the former Vice President Atiku Abubakar, scheduled to be held at Sheraton Hotels, Abuja, and forced the organizers to move the meeting to Niger State government guesthouse.
As a nation clamoring for true democracy, we cannot jettison the very essence of democracy embedded in the rule of law because we are in a hurry to prosecute and jail corrupt offenders. We are all against corruption, and we truly hail Mr. Ribadu and EFCC for his efforts. We must also caution Ribadu not to personalize the affairs of EFCC so that the agency will live on after he is replaced by someone else. This can be accomplished quickly by restoring the rule of law.
The fact that EFCC and other government agencies are asked by the AGF to abide by the rule of law in the pursuit and prosecution of their cases should not be interpreted to suggest that the AGF is meddling in the cases against corrupt officials. Quite the contrary, as a matter of fact, these agencies should see this as a new challenge, a challenge that brings docility to the polity; a challenge that if nurtured and implanted in the psyche of the citizens will go a long way to saving democracy, and give dignity to man, especially now that ‘the animal called man’ has left the stage. We must band together and encourage President Yar’Adua and his AGF to pursue this matter of rule of law relentlessly until it becomes embedded in our system of thought and operation. After all, democracy without the practice and implementation of the rule of law is tantamount to civil rule by military decree.
The existence of the rule of law in our daily lives guarantees proper elections; it gives the citizens the right to challenge the government in courts when their basic rights are trampled upon. The rule of law allows us all the opportunity to choose our representatives in government, and it eliminates the selection process currently practiced by all the political parties. On the other hand, the rule of law also enables EFCC, ICPC, and other related agencies to do their jobs with due diligence by carrying the population along. Finally, the rule of law is indeed the embodiment of civilization and encapsulation of true democracy.
It is all about issues, not individuals.
If the AGF and EFCC stay on thier turfs; no wahala. Ribadu should do more investigati
ons and obtain convictions in court. His net should also catch all fishes not some \'
selected\' ones. Then he will prove his intergrity and the sky will be his limit. AGF
will be condemned by history if he leans from the rule of law to one side. Rule of l
aw does not lean; it looks straight without __________________ 2007: Post Tenebras Lux |
| | Oct 11, 2007
, 01:47 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! James Ibori 's desperation clearly knows no BOUNDS! Even the Delta State government is now trying to shield Ibori with legal mumbo-jumbo!
I can guarantee it, that these temporary protections would not last very long! Ibori: Court Grants Injunction Against EFCC, AG
BY Patricia Nwaolai
DATE : Wednesday, 10 October 2007 http://www.thetimesofnigeria.com/ind...k=view&id=2676
A Federal high Court in Benin City, Edo State this afternoon issued an ex-parte motion restraining the Attorney General of federal, the Economic and Financial crimes Agency (EFCC) and their agents from taking any step whatsoever to compel the Delta State Government to produce or submit any document or information requested by both the Attorney General’s office and the EFCC.
The court also issued an order stopping both the EFCC, the Attorney General and their agents from arresting former Delta State Governor, James Ibori, his erstwhile deputy, Benjamin Elue and two other officials of the state government.
The Presiding Judge, Justice G.C. Okeke made the ruling following an ex-parte motion filed by the plaintiffs in the case Attorney General of Delta State, Delta State Government, Secretary to the Delta State Government and Auditor-General of Delta State.
The court also granted an order stopping EFCC and the Attorney General from freezing any of the state’s bank accounts in Nigeria.
The affidavit was sworn to by one Emmanuel Gaban Okirihienyefa who is the Solicitor-General and Permanent secretary of Delta State ministry of Justice.
The Delta State Government approached the court following a letter from EFCC dated 6 June 2007 which requested information on contract awards from 29 May 1999 to date. Ibori was the state governor during the period.
Among other things, the EFCC letter urged the State Government to produce all documents relating to “Security Votes Allocation” and “all contracts/projects awarded which are above the sum of N50m.
The letter asked for detailed information on the contractors including names, location of projects, amount paid up to date and the current status of the contract.
The Delta State government is contesting the legality of EFCC’s right to this information and has vowed to challenge it in court.
In the originating summons made exclusively obtained by The Times Of Nigeria, Delta State Government wants the court to determine the constitutionality of EFCC’s action and powers;
1. Whether the letter by EFCC requesting for information setting out details of security votes allocation and its utilization, public accounts, finances, contracts/projects awarded etc from May 1999 to June 2007 is competent, valid or proper having regard to the provisions of the Economic and Financial Crimes Commission Establishment Act 2004?
2. Having regard to the wide and manifestly unconnected range of information demanded through its letter of June 6, 2007, whether EFCC is not attempting or desirous of reviewing, probing or auditing the accounts and executive acts of the 2nd Plaintiff (Delta State Government) relating to contracts within the period indicated in the said letter and not seeking information on any specific allegation of commission of financial or economic crimes within the provisions of its enabling Act?
3. Whether the letter does not have the effect of derogating from the constitutional powers and function of the Auditor-General and House of Assembly of Delta State as provided by sections 125 and 128 of the Constitution of the Federal Republic of Nigeria, 1999 and whether the demand in the aforesaid letter is not therefore manifestly unconstitutional?
4. Whether the combined effect of section 6 and 7 of the EFCC Act are not at variance or inconsistent with the provisions of section 174 of the Constitution of Nigeria in so far as it purports to exclude or limit the powers of the 3rd Defendant (Attorney General) with regard to matters pertaining to investigation, enforcement and prosecution of offences connected with or related to Economic and Financial Crimes and whether the said provisions of section 6 and 7 of the EFCC Act are not consequently void to the extent of this inconsistency?
5. Whether the issuance the 1st defendant’s (EFCC) letter can be justified under or by virtue of the provisions of section 7(1)(b) of the EFCC Act and whether the said provisions are not inconsistent with section 36(5) of the 1999 Constitution?
6. Can 1st defendant (EFCC) by virtue of section 42 of its enabling statue validly initiate investigations or prosecution for offences committed under the laws set out therein before the commencement of the Act establishing it without violating the provisions of section 174 of the 1999 Constitution having regard to the prosecutorial powers of the 3rd defendant (Attorney General) for offences committed under the statues set out in the said section 42 of EFCC Act?
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| | Oct 11, 2007
, 01:54 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! The above is indicative of the run-away criminal justice system that we have
Again, this amply demonstrate the local conditions and cirmcustances in which the EFCC and others, who are really intent on enforcing the law, have to operate.
A) Where a House of Assembly (Plateau State) would not impeach a state governor (Joshua Chibi Dariye) even after he was detained in England and million of pounds found on him and even after he became fugitive. Ditto Bayelsa and DSP Alamieseigha
B) Judges who are willing to come out of vacations to grant ex parte motions that are clearly illogical and illegal.... especially, when such judges are not the ones actually hearing these very important matters
C) Where law officers, such as the AG in Delta State, a state whose 35 million pounds have been stolen, seen and seem here.... saying .... please do not investigate Mr. James Onanefe Ibori
This is the wonderful rule of law and due process environment in which Mallam Ribadu and Justice Emmanuel Ayoola are compelled to operate with their hands, literarily, tied behind their backs!
Everyone believes in the rule of law and due process! We must also examine the exigent circusmtances... of local conditions in Nigeria http://www.ngex.com/personalities/vo...ujie060203.htm Adherence To The Rule Of Law And Due Process As Nigeria Advances |
| | Oct 11, 2007
, 02:02 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! I thank Wole for posting this in a parallel thread in the main section. http://www.nigeriavillagesquare.com/...ori-again.html
ILN:
This is a very sad day indeed. Our courts and legal system have gone to the dogs!!!.
How in the world will any judge in his/her senses grant an injuction restraining an investigative arm of govt (efcc/police) from obtaining relevant documents and need I stress that this documents purportedly being shielded are PUBLIC DOCUMENTS. How can a court shield public documents in this type of circumstance.
What would Delta state lose if the documents are released to investigators? Did the judge ask this of the Delta AG?
Now the link is complete, this is the angle the london DPP was refering to when he complained of inablility to secure necessary incriminating documents.
The bigger question to also ask is why is the Delta govt not willing to disclose or submit documents? Do they expect efcc to beg them for it or pay for it or what?
ILN, I tell you what, if the farce of an election is not reversed by the judiciary we may as well forget about the fight against corruption. These goons (ex-govs and even obj) have all ensured that efcc or AGF will never find a willing and cooperating witness in the state houses. The new govs will just tell the duo of efcc and AGF to look elsewhere and find something else doing as the state has not lodged any complaint that its monies are missing.
And you know, smart prosecutors know when to throw in the towel when they find any unwilling and uninterested victim or complainant. It makes your job of securing conviction or justice arduous.
Again, one more thing, I thought we had dealt with this frivolous injuction thing a while back under Uwais CJ. How come frivolous injuctions have found their way back into our everyday life once more. I tell you, there is a lot of money in circulation, may be the cbn should consider mopping up excess liquidity EVERYDAY.
This judge deserves a petition at the judiciary commission. Iduaghan's electoral victory also deserve a revisit and/or reversal. Ditto for the president and many state govs.
I know some here may not want to hear it, but this is what you get when you use underhand tactics in fighting any social evil such as corruption. It's just going to come back and bite you while the chief initiator of illegal tactics sits tight kampe in retirement.
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| | Oct 11, 2007
, 03:46 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! THE AGF VERBATIM: FORTIFYING NIGERIAN DEMOCRACY THROUGH THE RULE OF LAW We can’t break law to enforce the law –Justice minister
By ADESINA AIYEKOTI
Daily Sun
Wednesday, October 10, 2007 Attorney General of the Federation and Minister of Justice, Mr Michael Aondoakaa (SAN), has emphasized the need for Nigerians, irrespective of their status, to use the judicial institutions and processes of law to resolve their disputes for the democratic system to grow.
He gave the charge in Ilorin, Kwara State while addressing thousands of lawyers at the recent Nigerian Bar Association (NBA) annual bar congress.
He assured his professional colleagues that the Federal Government would continue to work towards simplifying court proceedings and the law itself.
According to him, “when citizens lose faith in the legal system and the capacity of the courts to give them remedy, they resort to taking the law into their own hands. When citizens take law into their hands, anarchy is the result.”
Mission
As the Attorney General of the Federation and Minister of Justice, my vision of the justice system is one that is simple, fast, efficient, effective and more responsive to the needs of the people. It is my view, for example that any Nigerian who seek to enforce his or her fundamental human rights need not seek for leave of court to bring an application for the enforcement of such rights.
Rule of law
Under institutional reforms, the ministry of justice will ensure that all departments and parastatal organisations within the ministry have a shared understanding of government policy on upholding the constitution and the rule of law in a manner that promotes and advances human rights and freedoms. Efforts will be made to strengthen the directorate of citizens rights as an effective citizens redress mechanism.
Challenges
The challenge faced by our criminal justice system is manifested in the plight of over 20,000 awaiting trial inmates in our prisons nationwide. To redress this unfortunate situation, the bold and strategic initiative of my predecessor to achieve access to justice for these inmates and decongest our prisons is commended and will be strengthened and pursued to its logical conclusion. Criminal justice agencies, including the police, EFCC, ICPC, NDLEA, NCC, Code of Conduct Bureau and such other bodies will be constantly advised to ensure that Nigerians are not detained beyond the constitutional 48 hours without trial.
To accomplish this objective, I will seek the permission of Mr President, to host an inter ministerial summit with a view to achieving a common platform for action with ministries, department, agencies and institutions whose work relates to criminal justice system. I will also place reforms of the criminal justice system and prisons reforms firmly on the agenda of the meeting of the body of attorneys general and my interaction with the judiciary, with a view to achieving joint action on prison decongestion.
If our democracy must grow, we have a duty to ensure that all our people, without exceptions, are able to use the institutions and processes of law to resolve their disputes.
We shall, therefore, continue to work towards simplifying court proceedings and the law itself. When citizens lose faith in the legal system and the capacity of the courts to give them remedy, they resort to taking the law into their own hands. When citizens take law into their hands anarchy is the result.
Break down of law
If we are to avoid such breakdown of law and order, we must build confidence in the judicial system and assure citizens of remedy when they go to court. In this regard, our absolute commitment to the rule of law and obedience of court orders places an obligation on our courts to give orders within their jurisdiction.
Court order
A court order made outside or without jurisdiction encourages lawlessness, disobedience and it demeans the judicial system. We shall also encourage the use of Alternative Dispute Resolution mechanisms, which is closer to the African way of resolving dispute. In this regard, initiatives to achieve uniformity in civil procedure rules, the review of the Evidence law, and the Arbitration law shall be intensified as the pillars in the administration of civil justice reforms.
May I also say that the Federal Ministry of Justice, during my tenure, will continue to support the last track courts system currently being piloted by the Federal High Court and the FCT High Court, in the area of law reform. I have inherited a number of bills that are at various stages of enactment. These bills include: Criminal Justice Administration Bill, Administration of Justice Commission Bill, Legal Aid Council (Amendment) Bill, National Human Rights Commission (Amendment) Bill, Community Service Bill, Victims of Crime (Remedies) Bill and Elimination of Violence in Society Bill.
Because of their impact on the administration of justice, I am also interested in the Prison Act (Amendment) Bill, Police (Amendment) Bill and Nigerian Intellectual Property Commission Bill. I will engage the justice sector committees of the National Assembly, with a view to emphasizing the importance of the timely passage of these bills.
It is obvious that achieving success in our role of providing legal and legislative services to the government in a cost effective and efficient way requires that we establish a productive and constructive relationship with the legislature. Other initiatives that will receive my attention will be promotion and protection of human rights and legal education. In the defence of human rights, I will continue to advise that executive agencies are themselves seen to act in a manner that affirms the rights and dignity of Nigerians. It is in this context that my statement on the relationship between my office and criminal justice institutions should be seen. Never again will the dignity of the Nigerian citizen be dehumanized by any agency of government in the pursuit of law and order. We cannot afford to break the law in an attempt to enforce the law. Let me state clearly and for emphasis that my office will continue to give professional advice and support to all government agencies in the fight against corruption and all forms of crime. We shall prosecute corruption and crime effectively within the context of the rule of law. Our prosecution strategy will be firm but fair and based on respect for citizens’ dignity.
__________________ 2007: Post Tenebras Lux |
| | Oct 11, 2007
, 08:10 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Who is Aondoakaa working for?
By Abiodun Raufu http://www.tribune.com.ng/11102007/ent.html
I had thought that given the barrage of criticisms that has accompanied the utterances and actions of the Attorney General of the Federation and Justice Minister, Mr. Michael Aondoakaa, since he took cver office that he would have mend his ways and I will not have to write again about his misconduct for some time to come.
But alas! I was wrong. This man is not about to learn any lesson. It is either that there is a conspiracy among some sections of the political elite, mainly made up of former governors and the presidency or that the presidency is in a bind over the prosecution of the ex-governors whom Aondoakaa is very desperate to get off the hook. That is about the only logical way to explain the strange behaviour of this man.
Before I am misunderstood, let me say that I agree entirely with the argument that the anti-corruption agencies of the Federal Government be it the Economic and Financial Crimes Commission (EFCC) or Independent Corrupt and other Related Offences Commission (ICPC) must obey the rule of law and follow due process in all their activities. Democracy and arbitrariness are strange bedfellows.
The problem is that Aondoakaa is eager to talk about adherence to rule of law only when ex-governors under prosecution and investigations are concerned. But he has not uttered a single word about his intention to prosecute the outstanding cases of corruption. For all he cares, these politicians can steal Nigeria blind. All he cares about is the interest of his politician friends and clients. It would seem that Andoakaa’s only agenda in government is to use his position as the number one law officer in the country to protect corrupt politicians and not to work for the interest of Nigeria .
But what worries me is Aondoakaa’s unabashed eagerness to scuttle both the investigations and prosecution of the ex-governors whose tenure are being scrutinised. As it were, he has effectively halted the prosecution of former Abia State governor, Orji Kalu by hiding under some legalese. In the same manner, he has effectively frustrated the attempt by the British police to prosecute another ex-governor, James Ibori of Delta State in England by writing an arrangee letter to Ibori’s lawyer in England which the latter used to convince the British court where Ibori’s case was being prosecuted that the ex-governor was not under investigation in Nigeria . But we all know that EFCC had been investigating Ibori for some time now and that AGF had told a lie.
With President Umaru Yar’Adua wittingly or unwittingly consenting to the disgraceful actions of his AGF, it is quite obvious that all the former political office holders under scrutiny over embezzlement of public fund are going to get away scot- free with their loot.
I wonder how long this man’s brazenness would be allowed to continue before he is fired. The real victim of this is actually President Yar’Adua on whose table the buck stops. The president is gradually losing the trust of Nigerians who had earlier thought that he had come to clean the augean stable. On the contrary, the general impression in the public domain now is that he may not have the gut to fight corruption like his much maligned predecessor, Olusegun Obasanjo who despite all his vaunted weaknesses may end up appearing a more astute anti-corruption crusader than the incumbent president.
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| | Oct 11, 2007
, 08:20 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! I may not have been polite in with my language, but, I remain convinced, that the AG deserved the public ire that he had stirred!
Below are two articles .... similar in discernment of the AG's actions and implications/appearance:
Aondoakaa and the anti-corruption campaign
By Rasheed Ojikutu http://www.guardiannewsngr.com/edito...nion/article03
ORDINARILY, the present Attorney General of the Federation would have had a hitch-free uneventful tenure like his predecessors, but for his capability to generate noise from issues that ordinarily would have passed with little notice from the public. Like the deaf in the market place, the 'big lawyer' unwittingly attracted attention to himself by shouting hoarse on a situation that should be a whisper between two ears within the administration of President Musa Yar'Adua.
The mind continues to ponder on the character and person of Mr. Michael Aondoakaa and his aptitude for overcharging the polity. Being a somewhat obscure individual before his appointment, at least he wasn't in the shade of Gani Fawehinmi, Femi Falana, Fred Agbaje, Festus Keyamo and other such intelligently loud lawyers in the country, it was difficult to read his mind from his lips but it is clear from his public conduct that he is unable to differentiate between activism and governance.
In seeking for attention and publicity, the Attorney General seems to have perched on the wrong targets because his vituperations and somewhat uncouth outbursts have not only made him unpopular but have also embarrassed the Yar'Adua administration. Neonates in public administration know that most of the issues in contention between the Attorney General and his cabinet colleagues are purely inter-ministerial issues that could be resolved through exchange of internal memorandum or direct complaint to the presidency. Why the Attorney General chose to cause a stir is still a mystery but what is clear is that the man is not fitting too well into the cabinet and he seems to be reading the hands of the clock in the wrong direction.
Times are gone when showmen and loud speakers rule the heart of the Nigerian public through fancy talks and sentimentalism. Today's Nigerians are more informed about governmental activities, as he is aware of the self-serving tendency of public officers and that is the reason why most people are queuing up behind Malam Nuhu Ribadu.
Akin to the anti-EFCC deportment of the Attorney General of the Federation is his reaction to the efforts of the Governor of the Central Bank to re-denominate the Nigerian currency. Though it remains doubtful that a man of Professor Soludo's administrative mien would commit such a colossal slip-up by making a far reaching policy statement without prior in-house governmental appraisal and presidential authorisation, yet, the swift public presentation of the gaffe of the Governor by the Attorney General raises fundamental questions about the workings within the administration of President Yar'Adua.
The upshot of these two cases led to retractions of the early stance of the government. For instance, following local and international chorus of disapproval, the presidency had to quickly withdraw its directive that the EFCC must clear from the office of the Attorney General before prosecuting financial crime offenders. In the case of the redenomination of the Naira, President Yar'Adua had to publicly reaffirm his confidence in the Governor of Central Bank to erase the wrong signal that there may be a crack in the walls of his administration.
In what follows, the Attorney General in an unacceptably unrepentant fashion continued to attack the EFCC in a manner that leaves more questions in the minds of the people than answers. The questions are: "Whose agenda is Aondoakaa representing?" "Are there invisible hands turning the steering of the Yar'Adua administration"? The answer to these questions may provide the reason why Yar'Adua has to be wary of the conduct of his law officer because "if a hen attacks a man early in the morning, he should run because it might have grown some teeth overnight".
The danger inherent in the head-on-collision between the office of the Attorney General and his cabinet colleagues is that it gives the impression that the government is hypocritical about the anti-graft crusade put in place by the administration of Chief Olusegun Obasanjo. It also sends the wrong signals to the international community that the government is hiding under human rights protection to provide a safe landing pad to plunderers of our national purse. Already, the administration of President Yar'Adua has scored a minus from its inglorious plea bargain with many of the discredited politicians of yesterday on its assumption of office.
If Aondoakaa does not see the current lifting of Nigeria by the Transparency International from the inglorious tag of the second most corrupt country in the world to the thirty-third position as an attestation of the enormous work of the EFCC, then we need not wait for four years to know that the Attorney General may eventually be the provider of the petrol with which the administration of Yar'Adua will commit self-immolation.
It is indeed in the interest of the present administration not to decelerate the activities of the EFCC or allow any of its organs to employ clever techniques to let the 'thieves' out through the backdoor; rather, it is time to shove the Attorney General out through the exit for he is not serving the overall interest of this nation.
Ojikutu is of the Faculty of Business Administration, University of Lagos.
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| | Oct 11, 2007
, 08:22 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! A word for the learned attorney-general
By Olu Ojedokun http://www.guardiannewsngr.com/edito...nion/article04
MY objective of writing today is in some limited way aimed at encouraging a constructive engagement with the learned Attorney-General in his understanding of power. This is based on the understanding that to be relevant in the fight against corruption and in the discharge of his constitutional functions it is essential that he assumes as part of his duties the following: to speak the truth always; to listen to others and; to debate difficult issues honestly and openly.
In other words, he would be assisted better if he notes that if a free person in power has the right and duty to speak truth to power, so does the free person in power have the right and duty to communicate candidly with those of us affected by his or her decisions. I therefore believe that he owes it to the Nigerian people to reveal some of the reasoning behind some of his recent decisions or that of the agents in the Justice Ministry.
For it would seem to the casual observer that the learned Nigerian Attorney-General and Senior Advocate of Nigeria, Michael Aondoakaa, is never very far away from the news media and in the past has caused many commentators exasperation and concern. As a scholar of power and speaker of truth, I am now convinced that there might be some benefits to this, for the AG's penchant of performing to and in the gallery of the press media, beyond the comedy value, it offers a space for serious analysis of truth speaking to power and the effect this gives to power and the role of power in response to truth.
The more the learned AG performs the more that it becomes evident the constant speaking and engaging with power might not be necessary to remove him from the scene as he seems determined to crucify himself. Each new day emerges fresh revelations of his actions which is even enough to embarrass his most ardent supporters. It would be advantageous to examine some of the available evidence and allow the facts to articulate what I may not be able to state clearly. There is the case reported on Wednesday, September 12, 2007 in The Sun Newspaper where it was stated:
"The Federal Government has said that the former Bayelsa State governor, Dieprieye Alamieyeseigha was unavailable for trial at the Code of Conduct Tribunal because he was yet to recover fully from his health condition."
The report followed with more details, stating: "But at the resumption of trial on Tuesday, the presiding Judge, Justice Momoh expressed surprise that a man they saw on television being given a tumultuous reception by his kinsmen was still unavailable for trial. After Mr. Salihu Aliyu, the Director of Public Prosecution (DPP), who led the prosecution team to the tribunal informed the court that the ex-governor was yet to fully recover from his ailment, the tribunal members asked him if there was a romance between the prosecution and Alamieyeseigha as they had seen him in the news media in pomp and in high spirit."
There is obviously a puzzle that needs to be resolved, whose interest is the learned Attorney General and the agents such as the DPP acting for him serving? Is it the Nigerian people, or the ex-governors, some of whom were his ex-clients? Is this the face of the 'Rule of Law' President Umaru Musa Yar'Adua promised? Then there is the Ibori case in London, where the AG initially denied the Federal Government played any role only to be revealed that he was writing for the defence. For it appears he only admitted writing when he was presented with conclusive proof. It was reported by Sun Newspaper on Tuesday, October 2, 2007 under the headline: " London court discharges order against Ibori"_
"Former Governor of Delta State, Chief James Ibori, was on Monday, in London, given a clean bill of health over allegations of corruption as a court in the British capital ordered his seized assets released immediately. The Southwark Crown Court, London, had on August 2, 2007 ordered the seizure of the assets and prevented the former chief executive from having access to them."
This appeared innocuous enough, until we discovered the hand behind this discharge is the learned Attorney General. The Punch Newspapers of October 4, 2007 confirmed that:
"The AGF's letter, which was obtained by our correspondents on Wednesday reads, "Further to your letter Ref. IFT/JAT/316533 dated 4th August, 2007 on the above subject matter, I hereby react as follows: "
"That Chief James Onanefe Ibori was investigated in connection with his acts and activities whilst in office as Governor of Delta State between 29th May, 1999 and 29th May, 2007.
"That there is no record that your client, Chief James Onanefe Ibori, has been charged to any court of law in Nigeria in respect of any offence relating to money laundering or any other offences in connection with his acts and activities whilst in office as Governor of Delta State between 29th May, 1999 and 29th May, 2007.
"That your client, Chief James Onanefe Ibori, has not been tried and/or convicted by any court of law in Nigeria for any offence relating to money laundering or any other offences in connection with his acts and activities whilst in office as Governor of Delta State between 29th May, 1999 and 29th May, 2007.
"That there was no request for a freezing order emanating from my office against your client pursuant to the exercise of my power under Article 3 of the Mutual Legal Assistance Treaty."
Again I ask, is this the nature of the 'Rule of Law' we were promised by Mr. President? However, my immediate concern here is what the AG failed to disclose. His letter chose conveniently to be silent on whether the investigations of James Ibori by the EFCC had been concluded. He therefore is unable to deny that he is aiding the case, for it was his letter, to my understanding, that was used as part of the evidence presented by James Ibori's legal representatives.
Yes, I agree that every man/woman is considered innocent until adjudged guilty by a competent court but there is evidence of an appearance of conflict here on the part of the AG.
I am not prepared to write off this Attorney-General and this government in its fight against corruption nor do I subscribe to the school of thought that he must be sacked. However, the evidence is mounting against the learned AG and the crunch time has arrived, for he must decide whether he wants to speak truth to power and serve the interests of the many or whether he seeks to serve the interests of a few. If he chooses the latter option, then it would be advantageous for him to resign and resume his career in private practice, operating within the confines of the freedom that offers.
I hope that the Learned Attorney-General will do the right thing and accept that "unless a society exposes itself to the truth it can harbour no possibility of building trust for our society, Nigeria must be based and built on truth."
Dr Ojedokun is a Barrister and Solicitor of the Supreme Court of Nigeria and previously affiliated to the Law Society of England & Wales.
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| | Oct 12, 2007
, 09:29 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Friday, 12 Oct 2007 Ibori: Why Delta govt went to court http://www.punchng.com/Article-print...20071012245660
Tony Amokeodo and Semiu Okanlawon
INDICATIONS emerged on Thursday that the Delta State Government might have filed an ex parte application against the Economic and Financial Crimes Commission in order to pre-empt the anti-graft body from freezing its banks accounts.The state government, which expressed this fears in its affidavit in support of its motion on notice before the Federal High Court in Benin, claimed that the EFCC was making efforts to freeze its accounts.It added that this development would prevent the state from meeting its constitutional duties and obligations.The court process was made available to our correspondent in Lagos on Thursday.
Justice Gloria Okeke had on Tuesday restrained the EFCC from arresting the former Delta State Governor, Chief James Ibori, his deputy, Chief Benjamin Elue, Mr Ede Oghoro and Mr Charles Irayel.The court also stopped the commission from compelling the state government from producing documents needed by the EFCC to prove allegations of corruption against Ibori.The ongoing investigation of Ibori by the EFCC and the Metropolitan Police, London, over alleged corrupt practices, have assumed heated controversy in the country, just as the role of the Attorney-General of the Federation and the Minister of Justice, Mr Mike Aondoakaa (SAN) in the matter was being questioned in certain quarters.
The EFCC had in a letter dated June 6, 2007 requested the Secretary to the State Government to furnish it with the details of the state's security vote from 1999 till date.The anti-graft body also demanded the details of all awarded contracts above N50m, loans procured from banks from 1999 till date, and the disbursement of allocations of local governments' joint accounts.But Delta claimed that the EFCC‘s request raised some constitutional issues, hence the recourse to the court might not be unconnected with the ongoing suit against the EFCC.
The Attorney-General of the state and the state government, the Secretary to the State Government, Dr Ifeanyi Okowa, had filed the suit before the court and joined the EFCC, its chairman and the Attorney-General of the Federation as co respondents to the suit.Regarding Ibori, a deponent on behalf of the state government Mr. Emmanuel Okirhieyefa, deposed in the affidavit that, “I know as a fact that the action of the first respondent (EFCC) and second respondent (EFCC chairman) is intended to facilitate an investigation or probe of the accounts, contracts and banking transactions of the state in the hope that they will find evidence with which to support the harassment of the erstwhile Governor of the State directly and through instigated investigation by Metropolitan Police London.
”Meanwhile, the AGF is yet to receive men of the British Police who are in Nigeria in furtherance of their prosecution of Ibori.President Umaru Yar’Adua had on Tuesday, announced his consent to the British Police to come to Nigeria to continue their investigation of the former governor over allegations of corrupt enrichment.But a source told our correspondent on Thursday that the Met Police officials arrived in the country since Wednesday.The AGF was said to have waited for the British investigators in his office till the close of work on Wednesday without the investigators showing up.
The British Director of Public Prosecutions, Mr. Ken MacDonalds QC, had earlier in a letter to the Nigerian government, alleged that Nigeria was not cooperating with British officials in the investigation of the former governor.When contacted on Thursday, the AGF said he had not seen the investigators, despite having a date with them for Wednesday.
Aondoakaa said, “I have not seen anybody. Nobody has come to my office. They gave me a date. They wrote to me that they would come on October 10. I waited for them till 6pm yesterday (Wednesday). Up till now, I have not seen them.”Asked if he was still expecting them, the AGF retorted sharply, “Why should I be expecting somebody?”
A London court, the Southwark Crown Court had, on October 1, discharged an order of restraint slammed on the former governor, Erin Aviation and others to prevent them access to their property, which was believed to have been acquired from proceeds from corruption in Nigeria.The same court had placed the order on August 2.However, another London Court, the Court of Appeal, Criminal Division, had on Monday, October 8, frozen Ibori’s assets again following a fresh application by the London police.THE PUNCH had exclusively reported that the reprieve for Ibori was secured through an intervention through a secret letter written by the AGF to Ibori’s counsel in London.
The prosecution of Ibori by the London security agencies had pitted the AGF against the Economic and Financial Crimes Commission which alleged that Aondoakaa was shielding Ibori and other public officers from prosecution on allegations of graft.However, President Umar Yar’Adua had on Monday, given his nod to the London police officials to return to Nigeria to conduct their investigations over allegations against Ibori.A new twist was however added on Wednesday when Ibori secured an order of a Benin High Court preventing the EFCC from arresting him.
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| | Oct 12, 2007
, 09:40 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! AGF shields Ibori —British police http://www.champion-newspapers.com/news/article_3.htm
FUNKE ODUWOLE
with agency report
BRITAIN’S chief prosecutor Ken Macdonald has accused Nigerian authorities of jeopardising corruption investigations of former Governor James Onanefe Ibori’s tenure in Delta state, saying he was not getting enough information from our justice system.
Ibori’s assets have been the subject of litigations in London courts, with one court saying the former governor could keep his assets, while another said last week that it suspected most of the assets were illegally acquired.
Yesterday, the Financial Times (FT) of London claimed it had seen the copy of a letter sent by the director of public prosecutions (DPP) Salihu Aliyu, in the office of Attorney-General of the Federation (AGF) and Minister of Justice, Michael Aondoakaa, alleging that the "failure" of Nigerian authorities to supply evidence had led to "major difficulties" in the inquiry into the former governor.
However, in Abuja on Tuesday, President Umaru Musa Yar’Adua’s special adviser on Communication, Mr. Olusegun Adeniyi had said in a statement that, the President had ordered Aondoakaa and Economic and Financial Crimes Commission (EFCC) chairman, Mallam Nuhu Ribadu to co-operate with the British authorities on the matter.
Ibori, governor of oil-rich Delta state from 1999 to 2007, has been under investigation by the British police following discovery of assets suspected to be acquired with money stolen from public funds during his tenure.
"The difficulty and lack of progress in obtaining hard evidence from Nigeria is causing major difficulties in relation to the court proceedings in the United Kingdom and putting these other cases in jeopardy," Macdonald wrote in his October 2, 2007 letter, which the FT said it sighted.
But, the FT report came after President Yar’Adua had reportedly approved a request by British Metropolitan police to visit Nigeria to investigate Ibori. Adeniyi said in his statement that the British investigators are due in the country next week.
According to the FT, however, Macdonald asked Aondoakaa to ensure that the requested evidence be made available to the officers. But, Adeniyi had said that Nigerian agencies involved in the matter had specifically been directed by the President to collaborate.
Nigeria’s anti-graft agency EFCC announced last year that about 15 of the 36 former state governors were under investigation, with five so far already charged.
Daily Champion recalls President Yar’Adua’s directive to Aondoakaa to furnish the British Police with details of corruption cases against Ibori had elicited a cross-reference letter by the AGF directing EFCC to forward all the details of the crimes allegedly committed by Ibori while in office from 1999 to 2007.
Some pressure groups in Nigeria have been claiming that, in an attempt to shield Ibori from prosecution in London, the AGF had issued "a capricious letter" declaring that the former governor had not yet been indicted for any crime.
The letter allegedly addressed to Ibori’s lawyers in London, was said to be part of a grand design to give cover to Ibori who is believed to have contributed handsomely in cash and materials from state coffers to Yar’Adua’s presidential campaign.
But, latest details see Aondoakaa responding to the President’s latest directives by requesting EFCC to avail every available detail on the Ibori corruption saga.
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| | Oct 12, 2007
, 11:28 PM
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| Re: Minister Andoakaa SAN, AG, Nigeria’s Public Enemy Number One! Originally Posted by presidency Saul Adujie:
When will you stop being an i diot with all the miasma of gobbledegook that you m oronically exhale in Cyberspace with unbridled avidity and resounding gusto in order to make headline???? As usual, foolish title and stupid article. I didn't even bother to read it because I know this dunderhead is full of fiddle-faddle.
Presidency
Presidency,
You admitted that you didn't read the article, but you concluded that it is a stupid article. I found the irony of your comment very interesting!!
Is it ever possible to review an article without this unnecessary futile attempt to ridicule the author and end up with egg on one’s face?
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