A former judge of the International Court of Justice at the Hague, Prince Bola Ajibola, has said that the letter written to the counsel for a former Delta State Governor, Chief James Ibori, by the Attorney-General of the Federation and Minister of Justice, Mr. Michael Aondoakaa, is not in the interest of the country.
Ajibola, in an exclusive interview with THE PUNCH in Abeokuta, Ogun State, on Saturday, reminded Aondoakaa that Nigeria stood to benefit more if those found to have looted public treasury were prosecuted.
He said, “My feeling is that the letter was not written in the best interest of this nation. This is personal. That letter should be withdrawn, if it obstructs the direct prosecution of a suspect, a former governor.
“The AGF must allow, unfetteredly, the due process to be carried out. I am not sure about what prompted the AGF to take the step of writing that letter.
“I have not been chanced to meet the AGF and to hear his own explanation on why the letter was written. Prima facie, based on the letter, I frown at that type of letter, until a contrary view is given.
“The AGF should know that it is in the interest of the entire federation to prosecute those who have been suspected of siphoning our money out of the country. It cannot be otherwise.”
The controversial letter was said to have contributed to the acquittal of Ibori for false assets declaration by the Southwark Crown Court, London, on October 1.
The court’s verdict was on October 9 upturned by the Court of Appeal, Criminal Division, London.
Ajibola also spoke on the face-off between the AGF and the Economic and Financial Crimes Commission and canvassed a split of the office of the Attorney-General of the Federation and the Minister of Justice.
Ajibola, a former occupant of the office, advised that the post of the AGF be exclusively reserved for ‘independent persons.’
He said former Chief Justices of Nigeria ought to be in the class of such independent persons.
He predicated his suggestion on the fact that the position of the AGF was ‘a powerful but dangerous’ one which could only be effectively managed by someone with a sound knowledge of the law and age on his side.
He said, “We need an independent person. Perhaps, we could look for a retired Chief Justice of Nigeria to act as the AGF.
“Age, maturity, good understanding, independence and probity could play a very large role. We should have at the back of our minds people like Justices Kayode Eso, Muhammadu Uwais, Alfa Belgore and Akintola Ejiwunmi.
“The Office of the Attorney-General of the Federation is more embracing. It requires maturity, good understanding of the law, high integrity. Anyone that occupies that position must be capable and competent.
“He must be that man who ensures that justice is given to all people of our country. It is a dangerous position to hold when you have it tied to the apron strings of the government of the day. This is because he is looked upon as a minister.”
The legal luminary said that the minister of justice should be a legal adviser to the government, while the AGF should play the roles spelt out in Section 174 of the constitution.
The section empowers the the AGF to institute and undertake criminal proceedings against any person.
The section, Ajibola added, emphasised the need for the AGF “to have regard for public interest, interest of justice and the need to prevent abuse of legal process, ” when performing his functions.
He argued that events in the country since May 29 had further vindicated people calling for the separation of the office of the AGF from that of the minister of justice.
The former ICJ judge, however, advised Aondoakaa, the EFCC and other anti-graft agencies in the country not to do anything that could negate President Umaru Yar’Adua’s position on the rule of law.
Ajibola said since Yar’Adua had repeatedly reiterated his commitment to the rule of law, such promises must be matched with actions.
He said, “What he (Yar’Adua) is saying must be implemented. It is not what he is saying that is enough. It is what is done that is more important. The AGF must do what the President keeps saying.”
The former minister said that the President needed to meet with Aondoakaa, the EFCC Chairman, Mallam Nuhu Ribadu, and the ICPC Chairman, Justice Emmanuel Ayoola (rtd), on the need to respect the constitution.
Ajibola said, “If I were the President what I would do is to bring the ICPC chap, the EFCC chap and call in Aondoakaa and have a word with them.
“First, they must work together and two, see that proper things are done while respecting the constitutional powers of the AGF.”
Ajibola’s comments coincided with the disclosure by Aondoakaa in Singapore that the government was planning another anti-corruption agency to complement the activities of the EFCC.
He spoke at the presentation of Transparency International’s latest publication on Global Corruption Report.
Niyi Odebode
The Punch
Monday, October 22, 2007
