The Attorney-General of the Federation and Minister of Justice, Chief Michael Aondoakaa (SAN), yesterday said the on-going trial of the former Governor of Abia State, Chief Orji Kalu, was illegal, at least, for now.
The Attorney-General in an interview in Abuja said there was a subsisting court order restraining EFCC from taking any action on Kalu’s prosecution at the time he was charged to court. He said until the court order was vacated or reversed, the trial was technically illegal.
There was a high tendency, he said, he could invoke section 174 of the 1999 constitution to take over Kalu’s case from the EFCC if and when necessary.
Aondoakaa, however, said he had directed the EFCC to sack, in the first instance, the Chambers of Mr Rotimi Jacobs from handling the case.
Chief Aondoaaka was throwing light on the appearance of the Director of Public Prosecution of the Federation, Mr. Salihu Aliyu, in court on Wednesday over the trial.
EFCC lawyer, DPP clash over Kalu's case
The appearance of Aliyu before Justice Babs Kuewumi of the Federal High Court in Abuja sparked off a face-off between him and a lawyer from the chambers of Rotimi Jacobs, Mr. Adebisi Adeniyi, who resisted what he termed the take-over of the trial by the Office of the Attorney-General.
The EFCC lawyer was in court in connection with a motion filed by Kalu seeking to quash the 107 count-charge of money laundering and official corruption preferred against him by the Commission, relying on the said order of the High Court, which was granted him ex-parte through an application for the enforcement of his fundamental rights.
The contention over who should represent the Federal Government, which was listed as the sole respondent in the motion, was one of the reasons the matter was adjourned Wednesday after the junior lawyer from Rotimi Jacobs’ chambers queried the DPP on his attempt to take over the case from him.
The Justice Minister said until the order on fundamental rights of Kalu which was given on May 31, 2007 in suit no HU/177M/2007 by the State High Court was discharged or vacated, it would be taken to be subsisting.
He said he was not comfortable with the way the private counsel engaged by EFCC was going about the case. The Attorney-General said “the war is being taken to a ridiculous level.”
“On May 31, this year, Kalu, vide a suit applied for leave to enforce his fundamental human rights before an Abia State High Court, Umuahia.
“The court heard him, granted him leave and ordered that the leave shall operate as stay on his complaint touching on threat by EFCC to arrest and charge him to court.
“The order was served on EFCC and has not been vacated till now.
“Because the order was not obeyed, there came a petition from Kalu’s lawyer addressed to Mr President and copied to me with the court order by the Abia State High court, Umuahia attached.
“I looked at the order, it was granted within jurisdiction. This is because the Supreme Court has said that both the state and Federal High Courts have concurrent powers to entertain applications touching on fundamental human rights,” he said and cited the Supreme Court decision.
“Having studied the order, I wrote a letter to EFCC to respect the rule of law. Kalu wrote another letter warning EFCC of the consequences of disobeying court order.
“The order granting stay on Kalu’s matter was extended. Until the motion on notice in the case is heard, the order stays.
EFCC spurns A-G's letter
“While asking the EFCC to respect the rule of law, I received another letter from the President. I wrote to EFCC but it did not comply
“On the 4th of September, they (Kalu’s lawyers) brought a motion threatening to jail me if I fail to comply with the order of the court.
“I wrote to the EFCC again to forward the duplicate case file on September 4 but no duplicate file was brought to me,” he said, adding that one Onje Obe of the EFCC received the letter he sent to the commission.
He said a summon was issued commanding him to appear in court on September 5.
His words: “A summon issued on September 3 commanded me to appear on 5th September and I briefed the DPP. You can then imagine a private lawyer in Rotimi Jacobs’ chambers, who is also a private lawyer trying to stop the DPP of the Federation.
EFCC taking anti-graft war to ridiculous level
“The war is being taken to a ridiculous level. You can imagine. And this is a case involving an ex-governor and even when senior lawyers tried to prevail on him to allow the DPP announce his appearance, he refused.
“The EFCC had disowned the lawyer before the Presidency that the action of the boy who is just three years at the Bar was not justified.
“We did not go there to take over proceedings, though I don’t need the permission of anybody to take it over if the need be because I’m empowered by Section 174.
“The action of my DPP was correct and I wrote to Ribadu to debrief the lawyer and engage a lawyer of his choice. I have briefed the president and other stakeholders,” he said.
By Ise-Oluwa Ige
Vanguard
Friday, September 7, 2007
