Magu wants to confront Malami face to face before Ayo Salami Judicial Commission of Inquiry

Embattled and suspended Acting Chairman of the Economic and Financial Crimes Commission (EFCC) is seeking an opportunity from Justice Ayo Salami to confront the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN, over allegations that led to his suspension and investigation.

In addition, his lawyer has asked that a subpoena be issued for the recall of several witnesses who appeared and testified before the judicial commission of inquiry when Magu was not allowed to participate in the proceedings and cross-examine them.

According to the lawyer, the request became necessary and compelling in view of the extensive scope of the terms of reference of the commission.

In a letter to the Chairman of the Judicial Commission of Inquiry, his lawyer, Mr. Wahab Shittu, noted that his “client is entitled to be confronted with copies of allegations against him as well as the opportunity to confront his main accuser (in this case, the Honourable Attorney General of the Federation) to enable (his) client raise issues concerning the allegations and cross-examine the Honourable Attorney General of the Federation on the substance and credibility of his allegations against our client.”

The letter, submitted last Friday and titled, RE- FLAGRANT ABUSE OF PUBLIC OFFICE AND OTHER INFRACTIONS COMMITTED BY MR. IBRAHIM MAGU, ACTING CHAIRMAN OF THE ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) BEING EXTRACTS OF PENDING PETITIONS- REQUEST TO ISSUE A  SUBPOENA DUCES TECUM AND AD TESTIFICANDUM ON THE HONOURABLE ATTORNEY GENERAL OF THE FEDERATION reads: “We remain counsel of choice to Mr Ibrahim Magu, the suspended Acting Chairman of the ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) hereinafter referred to as “Our Client” and on whose behalf and specific instructions as we write as follows:

“We hereby apply for the issuance of a Subpoena Ad Testificandum and Subpoena Duces Tecum on the Honourable Attorney General of the Federation, Mr. Abubakar Malami (SAN) to appear before this Judicial Commission of Inquiry to give evidence concerning his memo to the President of the Federal Republic of Nigeria, President Muhammadu Buhari in connection with the subject matter of this inquiry titled; “FLAGRANT ABUSE OF PUBLIC OFFICE AND OTHER INFRACTIONS COMMITTED BY MR. IBRAHIM MAGU, ACTING CHAIRMAN ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) BEING EXTRACTS OF PENDING PETITIONS”.

“Section 5(c) of the Tribunals of Inquiry Act 2004 dealing with the Powers of the tribunal with regard to conduct of proceedings reads as follows;
“the power to summon any person in Nigeria to attend any meeting of the tribunal to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions. Summonses issued under this paragraph may be in Form A in the schedule to this act and shall be served by the police or by such person as the members may direct”

“Section 6 of the Tribunals of Inquiry Act 2004 dealing with the Powers of the Chairman to issue summons, etc. reads as follows; “Where more members than one constitute a tribunal, the chairman shall have power on behalf of the tribunal all such summonses, subpoenas and other processes and make such necessary appointments as may be required under this Act either before or during the inquiry until the submission of the tribunal’s final report”

“In the referred memo widely circulated in the social media which triggered these proceedings, the Honourable Attorney General submitted amongst others as follows;

” “The Acting Chairman of EFCC is not acting in the overall best interest of the country and the policies of this administration due to its Mismanagement and Lack of Transparency in Managing Recovered Assets; Diversion of Recovered Assets for Personal Enrichment; Neglecting to Investigate the P&ID case  as directed by the President; Flagrant Disobedience to Directives and to Court Orders due to the following; Final Report Of The Presidential Committee on Audit Of Recovered Assets (PCARA): Mismanagement and Lack of Transparency in Managing Recovered Assets”

“The Honourable Attorney General further said; “Mismanagement of Recovered Assets and Diversion for Personal Enrichment”

” “The Acting Chairman has also neglected and refused blantantly to comply with the Regulations on the Management of Recovered Assets,2019”

” “The Acting Chairman does not want a proper and transparent procedure for the management of assets as directed by your Excellency through me”

“We believe that consistent with the fundamental principles of fair hearing as guaranteed under Section 36 of the constitution of the Federal Republic of Nigeria 1999, Our client is entitled to be confronted with copies of allegations against him as well as the opportunity to confront his main accuser (in this case, the Honourable Attorney General of the Federation) to enable our client raise issues concerning the allegations and cross-examine the Honourable Attorney General of the Federation on the substance and credibility of his allegations against our client.

“Section 36 (1) of the constitution provides;
“In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality”

“Please refer to SECTION 36 (6) (A) (B) (C) (D) CFRN 1999 which provides as follows
“Every person who is charged with a criminal offence shall be entitled to
(A) “Be informed promptly in the language that he understands and in details of the nature of the offence
(B) Be given adequate time and facility for the preparation of his defence
(C) Defend himself in person or by, legal practitioners of his own choice
(D) Examine, in person or by his legal practitioners, the witnesses called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the prosecution”
Based on the foregoing, we humbly request that the Honourable Attorney General who is the main accuser in these proceedings be graciously invited to give evidence in connection with the subject matter of this inquiry with specific reference to our client in the interest of FAIR HEARING.

“We believe this request ought to be resolved before our client is called upon to enter his defence in these proceedings.
Most obliged my Lord.

“With assurances of our kind regards, please accept our best wishes.”

Recall that the Ayo Salami-led judicial commission was required to:

▪︎Investigate, verify and review the recommendations of the Presidential committee on audit of recovered assets as it relates to the EFCC, with a view to ascertaining the complicity or otherwise of the Ag. Chairman, Ibrahim Magu in the mismanagement of the assets recovered by the commission;

▪︎Identify avenues through which the recovered assets are dissipated and seized, recovered, forfeited (interim and final) assets are valued, managed disposed or mismanaged with a view to ascertain compliance or otherwise with extant laws, regulations processes and procedures

▪︎Review the existing procedures on the management of the seized, recovered and forfeited assets (interim and final) and proffer standard Operational procedures for the management of seized, recovered and forfeited assets;

▪︎To determine whether movable or immovable assets including funds or cash recovered during his tenure, whether locally in Nigeria or abroad are being kept safely in a manner as to preserve their original value;

▪︎Identify the location of all movable or immovable assets, f unds or cash that are under interim or final forfeiture based on administrative or orders of the courts;

▪︎Identify the Bank accounts to which recovered funds or cash were paid into and whether generated interest from the recovered funds or cash were properly accounted for;

▪︎Whether all the assets could be properly accounted for by the Ag. Chairman and take measures to;

▪︎Confirm if any, of the assets has been diverted to the benefit of the Ag. Chairman, his family, relation, friends or favored staff; and

▪︎Recovered any of such diverted assets, funds or cash, if any and recommend, if the funds should be returned back to the EFCC or appropriate government agency, entities or individuals.