By Myke Uzendu
Suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, has asked Justice Ayo Salami, Chairman of the Judicial Commission of Inquiry investigating him, to subpoena the Attorney-General of the Federation and Minister of Justice (AGD), Abubakar Malami, (SAN).
Magu’s request was stated in a letter addressed to Justice Salami by his counsel, Barr. Wahab Shittu, dated 4th September.
He maintained that it will be gross injustice if he is not allowed to confront his main accuser and also to be allowed to cross-examine all witnesses, in accordance with the doctrine of fair hearing.
The letter 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”
Magu’s lawyer further noted that “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”.
