The Attorney-General of the Federation and Minister of Justice, Mr. Mike Aondoakaa, on Thursday demanded an apology from the Chairman of the Economic and Financial Crimes Commission, Mallam Nuhu Ribadu, over the ‘rudeness’ of the commission’s counsel to the nation’s Director of Public Prosecution, Mr. Salihu Aliyu.
Aondoakaa said he had reported the EFCC to President Umaru Yar’Adua for disrespecting his office.
The office of the AGF and the EFCC had on Wednesday openly disagreed in a Federal High Court in Abuja over the trial of a former governor of Abia State, Dr. Orji Kalu.
The court had set out to hear an application to quash a 107-count charge against Kalu.
While the DPP appeared in the court for the AGF, a private counsel, Mr. Adebisi Adeniyi, represented the EFCC.
But Adeniyi queried the sudden appearance of the DPP in a matter which was purely being prosecuted by the EFCC.
The altercation between the two lawyers in the courtroom forced the presiding judge, Justice Babs Kuewumi, to stand down the case for 10 minutes.
When the court resumed, the DPP announced appearance for the prosecution while the EFCC’s counsel withdrew.
But the AGF frowned at the conduct of the counsel for the EFCC and asked for an apology from the commission.
The AGF, who made the demand in a protest letter to Ribadu, said his office was undermined by the EFCC’s lawyer.
A source told our correspondents that although the letter was delivered at the anti-graft agency’s office in Abuja, Ribadu was away on an official trip to Indonesia.
He added, “The letter reviewed the procedural disagreement between the office of the AGF (represented by the DPP) and the counsel for the EFCC.
“Some principal officers of the anti-graft body have been considering the AGF’s letter and they are getting in touch with Ribadu on the matter.”
When contacted at about 8pm on Thursday, Aondoakaa said, “I will be surprised if I write a letter to them (the EFCC) and they gave it to you (THE PUNCH). What the letter did was to report the conduct of the counsel for the commission. They (the EFCC) have talked to me and the Presidency.
When pressed further, the AGF said he had already sent a letter to the EFCC over the matter. But he did not give details.
He said, “Even if I do not demand an apology, is it not enough to ask them to apologise to the office of the AGF?”
“The issue does not involve me; it is not a clash with Ribadu, I have no problem with the EFCC chairman, I am working in harmony with him.
“It is embarrassing that a court had ordered me to appear before it and a private lawyer of about three years in practice will misbehave to the DPP. Let us look at the merit of this matter. It has got to a stage that you people (the press) have to give one fair hearing.”
The AGF said the issue at stake was the EFCC’s refusal to comply with an order of the Abia State High Court.
Aondoakaa said, “They (the EFCC) were served with the order, they refused to obey it. The affected party went to a Federal High Court in Abuja to order me to appear before it over non-compliance with the court order.
“I am not taking over any case but I want the rule of law to take its full course.”
The minister, however, exonerated the EFCC from any wrongdoing in the matter.
He said that though Ribadu was out of the country, the EFCC Director of Operations, Mr. Ibrahim Lamorde, had equally expressed surprise over the matter.
In a separate interview with newsmen in Abuja on Thursday, the AGF said he had reported the commission to Yar’Adua for refusing to obey the Abia High Court order barring it from prosecuting Kalu.
He also said that he had asked the EFCC to sack Adeniyi for declining to allow his office to take over Kalu’s trial.
The minister said he took the action, following a summon he received from the Federal High Court.
He said that the court threatened to commit him to jail for his refusal to obey the order of the Abia High Court.
He said the letter, which was written by the court on September 5, asked him to be in court to explain his role in the disobedience of the court order.
Aondoakaa said this was why he directed the DPP to appear in the matter.
He said, “I am surprised that a private lawyer would not allow the DPP of the federation to take over a case involving a governor, and in a case which is being prosecuted by the government.
“I asked that the case file be given to me to study, the commission refused. Yet, I have been joined as a party in this case and I risk being committed to prison for an action I was not part of.”
A copy of his letter, which was sighted by one of our correspondents, was received on behalf of the EFCC by one J.O. Obe.
The AGF wondered whether or not the EFCC wanted him to bring a court order before it would release the file to his office.
He said the court letter, which was signed by the registrar, asked him to appear on September 10 to explain his role in the matter.
Though he did not say what the response of the President was, Aondoakaa said, “I have briefed the President on the matter. Following this, the EFCC has been asked to sack the lawyer.”
In the last one month, there had been a disagreement between the office of the AGF and the EFCC over the right to prosecute some corrupt public officials.
The Presidency had on August 6, 2007 directed the commission and other anti-graft agencies to seek the consent of the AGF before prosecuting any corrupt public officials.
It said the decision was in line with Section 43 of the EFCC Act.
The section reads, “The Attorney-General of the Federation may make rules or regulations with respect to the exercise of any of the duties, functions or powers of the commission under this Act.”
But following the controversy generated by the directive, the Presidency on August 8, made a U-turn, saying that the EFCC could prosecute independently.
The AGF told journalists that he would still exercise supervisory powers over the EFCC and other anti-corruption bodies if they failed to carry out their functions in line with the dictates of the law.
Emma Anya, Tobi Soniyi and Olusola Fabiyi
The Punch
Friday, September 7, 2007
