(PART 2) Ozekhome's formal written presentation on Magu

 Continues:

THE IGNOBLE ROLE OF PACAC

The Presidential Advisory Committee Against Corruption (PACAC) was established in August, 2015, with a 7-member technical Committee, with the mandate to “promote the reform agenda of the government and its anti-corruption effort, and to advise the present administration in the prosecution of the war against corruption and the implementation of required reforms in Nigeria’s Criminal Justice System”.

Unfortunately however, this all important body (PACAC) that is supposed to be seen and not heard; to serve as a compass and “ideological Think-Tank” on how to fight corruption, by remaining focused, impartial, neutral, independent and thus serve as a guiding light, has since become partisan, clueless, abusive of plural voices and dismissive of reasonable suggestions to reform EFCC and other anti-corruption agencies. It has since become the mouthpiece of the ruling government, fighting very hard to outo government spokespersons and even the Minister of Information, mr. Lai Mohammed. Some of its known infamous intrusions in the anti-corruption fight are as follows:

To the shock of most Nigerians who were calling for the sack of Mrs Kemi Adeosun, former Minister of Finance, PACAC came out smoking, supporting her and calling on the government not to ever sack her because according to PACAC, “this woman is a brilliant and extremely valuable member of this government”. The PACAC in the statement (https://www.ikengachronicles.com/nothing-can-make-us-sack-adeosun-buhari’s-anti-corruption-advisory-committee-chairman), made some more pro-corruption unacceptable propositions, conclusions and recommendations, thus:

“A lot of the good things happening now – the welfare that Nigerians are enjoying and are going to enjoy, because it takes time, and the way our economy is booming, how we got out of recession – are due to her expertise, her commitment, her sacrifice.

“There is nothing in this world that will make me remove such a woman from the government. The PDP can weep from now until there is no tear in their body; she is going to be there. We can not afford to lose that woman.

“Who cares about youth service? I don’t bloody care whether she did youth service or not. It’s irrelevant as far as I am concerned.

“I don’t believe it. I don’t see anything serious about not doing youth service. I don’t see anything serious about it. That’s my own bias, not government’s.

“I’m telling you now. If I were President Buhari, I would never, ever touch that woman because she’s damn good”.

Can you hear that? That alleged forgery of NYSC certificate by a serving Minister in a critical ministry, such as Finance and budgetry matters, who must be seen to be above board like Caesars wife, should not resign or be sacked from office because she was “damn good” on her job; and because PACAC does not “bloody care whether she did youth service of not, it’s irrelevant”. See EXHIBIT C1 and C2.

However, Adeosun disgraced PACAC by resigning honourably and quietly jetting abroad the following day. It is public knowledge that this resignation driven by public outcry was the first known voluntary resignation by a Minister. Mrs. Adeosun must be praised for it.  (See https://www.bbc.com/kemi-adeosun-nigeria-minister-resigns-over-forged-certificate/). See EXHIBIT C3. However, Nigerians descended on PACAC for such immoral views. See EXHIBIT C4.

I had decreid the way and manner the anti-corruption fight was being carried out, including the damnable role of PACAC. In my lecture delivered before the NBA, Uyo branch on Tuesday, July 10th, 2018, titled ‘’The Bench, Bar Investigating Agencies and Anti-Corruption campaign in Nigeria’’. I pointedly accused the Federal Government of hiding under the claims of fight against corruption to weaken institutions established by law while breeding ‘strongmanism’ to avert probe.

I said the federal government had continued to set its anti corruption agencies against other arms of government and perceived opposition, treating corrupt officials within the party in government with deodorants, while applying insecticides, pesticides and herbicide on the opposition.

I said while the security agencies had been pushed by the government to overstep their constitutional bounds on perceived or imagined corrupt politicians of the opposition, the system had continued to sweep under the carpet glaring cases of fraud against those serving under it.

I spoke about the 25 billion dollar NNPC scandal which remained uninvestigated; Babachir Lawal (grass cutter) scandal for which inquiries were carried out by the committee headed by the Vice President Prof. Yemi Osinbajo had no one prosecuted, rather he was replaced with his close kin (Public outcry later forced the government to reluctantly charge Lawal to court).

I also decried the Inspector General of Police (IGP) Idris’s disobedience to the President Buhari’s directive to relocate to Benue at the height of the herdsmen crisis which was treated with disdain. As a result, the IGP continued to hold the office without any form of reprimand or punishment and he had even gone further on continuous violation of the Senate’s invitation to render account of his office with regard to protection of life and property.

I decried the withdrawal of funds from the Consolidated Revenue Account (CRA) without approval of the National Assembly, arguing that the government’s decision amounted to a continual breeding of ‘strong men and weakening of the institutions established by law.’

I also vehemently opposed government’s serial violations of court orders, and wrongly terming plural voices as “corruption fighting back”. I argued that corruption was not limited to only taking of bribes, but was present in glaring cases of nepotism, sectionalism, cronyism, favoritism and prebendalism, which this government engages in. 

I also decried the spate of attack on the Judiciary by the Federal Government: “The deliberate attempt by the Executive to get the judiciary subdued by launching attacks on judicial officers is evident and to a great extent whittled the boldness that existed in the arm. The humiliation of serving judges by the executive arm is one of the methods by the government to create an atmosphere of fear, that will enable it conduct its affairs with grave impunity and utter disregard to rule of law, but without check by the other arms of government.

“The government seems to derive joy in breaching the laws and established rules. There is brazen abuse of the rule of law and glaring impunity all over the country, the judiciary is no more the last hope of the common man, since it is apparent these days that the people at the helm of affairs, who claim to be democratic, prefer the rule of force, which is alien to democracy, rather than observe the rule of law embedded in it.” Find attached herewith the lecture links as EXHIBITS D, D1 and D2. 

My Lord sir, my voice has been ringing stringently against the ills of the society. 

In accordance with section 2(3) of the EFCC (Establishment) Act, this ought to have ended the matter and gotten Mr Magu’s name withdrawn immediately, with an apology. But, PACAC rose up trenchantly to defend Mr Magu’s continued retention (see : https://www.aa.com.tr of 15/3/17). PACAC (as against the clean findings and write up by DSS) even argued, to the surprise of most Nigerians, that “allegations against Magu were cooked up” ; and that Magu was rejected by the Senate because he was “just too good for the job” (see: https://www.thecable.ng of 16/3/17; https://www.thecable.ng of 26/1/17; https://www.premiumtimes.com of 14/12/16; https://www.pmnewsnigeria.com).

The Presidential Advisory Committee Against Corruption (PACAC), at a programme organized by the National Association of Seadogs (the Pirates Confraternity), was said to have lambasted the Attorney General of the Federation, for allegedly not seriously fighting the anti-corruption war.

I had been invited as a guest speaker to the programme, but unfortunately could not make it, due to prior professional engagements, which I duly communicated to the understanding organizers.

Specifically, one professor Femi Odekunle, a member of PACAC, in unjustifiably castigating the HAG, Abubakar Malami, SAN, as not being committed to the anti-corruption “war”, moaned, in lachrymal effusion, thus, in the Vanguard of June 22, 2017: See EXHIBIT E.

“Is the Attorney-General of the Federation, who is to lead the anti-corruption fight, going by the way things have been going in the past two years, as committed as others who could have done the job better? I have no answers but I believe if they are answered, it will give us an insight into the cause of our current dilemma in the fight against corruption.” 

Of course, in a confused set, the Honourable Attorney General blasted PACAC back. See EXHIBIT E1. 

  

It was quite painful and disheartening to me that Professor Femi Odekunle, who was himself implicated in a phantom coup with his master, General Oladipo Diya, horrifically manacled and chained down like an animal, by Abacha's goons, awaiting death, had been advertising “rofo-rofo” fight against corruption (an euphemism for crude, bestial, violation of cherished rights and liberties of Nigerian citizens), in the name of fighting corruption. Both on television (AIT, on 7th September, 2017, and in newspapers, Prof. Odekunle of PACAC, advocated for subversion of the judiciary, so as to ‘‘fight’’ corruption

For the records, at page 5, Vanguard, Thursday, 22nd June, 2017, Odekunle queried, thus: 

“Does the Presidency realise that routine crime prevention and methodology, instruments and processes are not adequate in fighting corruption in this country? That is, does the Presidency realise that fighting corruption must be a ‘rofo rofo' fight? That it is not a question of due process, long process, fair hearing and all those that will give you technical justice instead of real justice?” See EXHIBITS E2, E3, E4 and E5.

I do not usually discuss individuals by name, except where the story is not detachable from him, as in this particular unfortunate Odekunle's case. That is why I will use him as a case study of how Aso Villa appointments change people.

Professor Olufemi Odekunle, a once pathetic victim of a crude process that we strenously protested on the streets of Lagos and Abuja to save from the jaws of death, no longer believes in due process? What is in this Aso Villa that changes intakes !

Odekunle, for the records, was, on December 20, 1997, at 3.00 am, woken up in his Abuja home by the dreaded Abacha “Strike Force” and captured like a common criminal. He had been appointed Chairman, Advisory Committee (he must be an expert “Adviser”), to General Oladipo Diya, the then Chief of General Staff, on Socio-political and Economic Matters. He was beaten black and blue like a goat that stupidly went to the Market on a market day. These were his personal words. He was made to urinate and defecate in the full glare of gun-totting soldiers, with a short time line given. He literally froze in the cold harmattan wind. He was only released from cell 4 in Jos gulag, on July 15, 1998, at 10.30 pm. This was the same man who later supported the unholy midnight raid on Judges by hooded DSS operatives, same hoods some of his captors had worn on that fateful day. They even wanted Odekunle to implicate himself. And this man no longer believes in due process, rule of law and respect for human rights.

PACAC AND MR. DANLADI UMAR, CHAIRMAN, CCT

Last year, PACAC had defended CCT Chairman, Danladi Umar trenchantly, because it felt it was a done deal to convict Dr. Bukola Saraki, Senate President. As soon as Umar rejected blaring sirens of power and freed Saraki, they turned against him. See EXHIBIT F and F1. They initially supported Babachir Lawal, but later turned against him when he was suspended by PMB. What manner of anti-corruption people are these? They blow hot and cold; they approbate and reprobate. Rotimi Jacobs, SAN, a seasoned lawyer, has done the right thing by appealing. But PACAC which glorified the midnight raid on Judges, handcuffing of suspects, media trial and dictatorship, are weeping. The HAG has certainly done better than them. It is their blatant usurpation of the HAG's powers, playing to the gallery, noise making, brute force, unguarded statements, narcism, that have irredeemably wrecked their so called, still-born anti-corruption “fight”. See EXHIBITS G, G1, G2, G3, on PACAC’s support of the crude raid on judges homes in the midnight.

WHAT ARE PACAC’S GRANTS, INCOME SALARIES

I had challenged PACAC to publish its grants, income, receipts, donations, budgets and expenditure to show the anti-corruption is not a mere ruse. I challenge them to tell Nigerians how much the members earn and how much perquisites of office they enjoy. I challenge them to disclose to Nigerians, how much money and what properties, the EFCC, DSS, ICPC, Police, DIA, etc., have so far recovered from the looters of our common treasury. 

PACAC’S SKEWED DEPLOYMENT OF LAW

PACAC has serially argued that “section 29 permits the assets of a person arrested under section 28 to be seized by the state.” The Committee had referred to section 7(1)(b) of the EFCC (Establishment) Act, 2004, to confer powers on the EFCC to recover properties.

But, does the above section not run foul of the clear provisions of section 43 of the 1999 Constitution, as altered, which permits a person the right to acquire and own movable and immovable property anywhere in Nigeria, if interpreted in the cavalier way and manner defined by PACAC?

Section 7(1)(b) of the Act merely gives the Commission “the power to cause investigation to be conducted into the properties of any person if it appears to the Commission that the person’s lifestyle and extent of the properties are not justified by his source of income.” The section does not thereby turn the EFCC into a “Debt Collecting Agency”.

 

The purport of section 7(1)(b) is simply to cause an “investigation to be conducted”. Section 28 of the EFCC Act, also cited by PACAC, provides emphatically that, “when a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment from the court.” From the foregoing provisions, the EFCC cannot simply “trace and attach all the assets and properties of the person”, and stop there. It “shall thereafter cause to be obtained an interim attachment from the court”. This section therefore subjects the EFCC to the supervisory and circumscribing discipline and authority of the court.

 

The envisaged seizure and attachment is only temporary, to enable a court of law finally decide. Many a time, such property reverted to their owners after full trial and acquittal by the court. Similarly, section 29 actually provides that “the Commission shall cause an exparte application to be made to the court for an interim order forfeiting the property concerned to the Federal Government and the court shall, if satisfied that there is prima facie evidence that the property concerned is liable to forfeiture, make an interim order forfeiting the property of the Federal Government.” The interim seizure and forfeiture are therefore predicated on “if the court is satisfied”, not “if the EFCC is satisfied”.

The section is too clear to admit of any ambiguity, or to confer on the EFCC, the function of a “Debt Collecting Agency”. Laws are to be construed in their literal and ordinary manner. See EXHIBIT H. See the cases of IFEZUE VS. MBADUGHA (1984) 1 SCNLR 427; A.T LTD VS. A.D.H LTD (2007) 15 NWLR (Pt. 1056) 118.

From the foregoing, can the EFCC ordinarily seize the property or money of an individual, as a so called “Debt Collecting Agency”, without recourse to a court order? Obviously, the answer is an emphatic no. It is therefore erroneous to conclude, as PACAC had previously done, that “section 29 permits the assets of a person arrested under section 28 to be seized by the state.” Rather, section 29 provides that no forfeiture or seizure can be made by the EFCC without a valid interim court order, upon the court being first satisfied that there is “prima facie evidence that the property concerned is liable to forfeiture”. This is contrary to the well worn tactics of the EFCC (which I had criticised), where it simply arrests, and detains a person and keeps him in custody until he agrees, or is forced, under duress, to pay a certain pre- determined amount as whimsically and capriciously fixed by the Commission. I have personally handled cases where this crude illegality played out. So, I know what I am talking about. The EFCC in such cases, at once, becomes the Investigator, Accuser, Witness, Judge and Executioner. One thing is clear: no one, including the EFCC, should be seen to be above the laws of the land. This is embodied in its self proclaimed motto. The rule of law must prevail at all times notwithstanding the individual passion, enthusiasm and predilection of anti – corrupt appointees. There is a world of difference between the “lex lata” or “delege lata” (the law as it exists), as opposed to the “lex ferenda” (future law, ie, what the law should be).

EFCC AND THE UNINVESTIGATED TINIBU’S TWO BULLION VANS BROUHAHA

On the eve of the February, 2019 Presidential election, 2 bullion vans were caught snaking their way into the lursh Bourdilon, Ikoyi, Lagos home of APC National leader, Alhaji Bola Ahmed Tinubu (the Jagaban). We all know that bullion vans only carry large cash, usually in billions or hundreds of millions. I am currently defending a client accused of merely not properly transferring a sum of N50 Million naira only, through a designated financial house (bank, even though he did so). His name is Alhaji Abdullahi Babalele. Of course, he must be charged to court because he is Alhaji Atiku Abubakar’s Son-in-law. That his “original sin”.

Nigerians screamed blue murder in their millions. The owner of the bullion van, respected politician Tinubu, did not deny ownership. His defence was simple: 

“Excuse me, is it my money or government money? So, even if I have money to spend in my premises, what is your headache? Excuse me, if i don’t represent any agency of government and I have money to spend, if I have money, if I like, I give it to the people free of charge. As long as not to buy votes”.

Good gracious! We are talking about the provisions of the Money Laundering Act here; not whether someone has a right to spend his money or not. The Act says you cannot handle more than 5Million naira as an individual; and 10 Miliion Naira, as a company. 

Not surprisingly, PACAC (the vociferous, pro-corruption committee) came to his defence. It says the petition by concerned Nigerians against Tinubu was “written in bad faith and hatred, which is why EFCC is not investigating” Blimey! It has not finished: “What is there to investigate? You know Nigerians are very adept at writing petitions. They like frivolous petitions… They don’t like Tinubu, so they must write a petition against him, a stupid baseless petition… even if it is money, and it is my money,… what is wrong in that? Tinubu was already very rich before he became Governor… won’t he invest his money in various ventures? So, no one should be surprised that he is a rich man”. Someone, help me tell PACAC that the money laundering Act puts a cap limit threshold of N5 Million for an individual and N10 Million for a company. It is not about being rich. What was wrong in the EFCC at least pretending to be investigating him. That was how PACAC justified EFCC’s blunt refusal to investigate the many petitions written by Nigerians over Tinubu’s 2 bullion vans. 

Deji Adeyanju, fiery human Rights Activist, whom I snatched away from Police jaws through the court process, was one of the Petitioners. Deji Adeyanju correctly read and got the skewed, lopsided and selective anti-corruption fight dead on track, when after submitting his petition to the EFCC, he said, “we know they won’t take any action, but we will submit the petition”

Truly, no action has been taken on the petition and several others till date. The last time I checked, the very motto of the EFCC is “No one is above the law”. So, why did Magu have sacred cows, the untouchables? Did it not suffer from moral turpitude to pursue 1000 dollars “yahoo boys” and leave uninvestigated a “big man” with 2 bullion vans? Where is Prof. A.V Dicey’s Rule of Law in Magu’s “anti-corruption” fight?

Of course, emboldened by the usual skewed pro-corruption stance of PACAC, the “anti-corruption” czar, Ibrahim Magu, when asked question about the bullion van by journalists, he dodged, ducked and demurred. He simply asked, “you want me to talk about a petition here? Next question please” That is how Magu “fought” corruption in Nigeria whilst he held on to power like an Emperor even after Senate’s two time rejection. 

I personally kicked against this in various interviews and press releases. I insisted that Nigerians have a right to demand an investigation.

I said “when a petition is written against their Chieftain, it is written in bad faith; but when it is written against small time “yahoo boys”, then it is written in good faith. What is the job of the EFCC under Section 7 of the EFCC Act? It is to investigate any person no matter how highly placed in accordance with its motto, “No one is above the law”. No one is saying Tinubu has done anything wrong yet, but Nigerian people have a right to demand that he be investigated? For this, see attached herewith, Exhibits MOC A, A1, A2, A3, A4, A5, A6, A7, A8……

Even with various Civil Society organizations (CSOS) calling for a probe; even with thousands of Nigerians signing an online petition spearheaded by Reno Omokri; even with Yerima Shettima, President, Arewa Youths Consultative Forum (AYCF); and thousands other voices wading in, EFCC CAN NEVER touch Tinubu. Because, there are at least two set of laws in the binoculars of compromised EFCC. Magu saw no evil heard no evil, spoke no evil; felt no evil; and so touched no evil.

Even Lagos APC’s Spokesperson, Abiodun Salami, said Nigerians must come up with proof, because “Tinubu is a private citizen and he has been out of government for the past 12 years. If he has decided to spend his money on his party, how is that a problem?” Oh really? What about the many PDP people standing trial in court, some for as low as N100M?

Pray, Nigerians, is this how to fight corruption and succeed? My humble answer is a Capital No!

See the following links:

https://newsflash247.com.ng/ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://wotzup.ng/what-ozekhome-said-about-efcc-not-investigating-tinubus-bullion-vans/

https://www.youtube.com/watch?v=7musYvxj85o&feature=youtu.be

https://www.9japro.net/cgi-sys/suspendedpage.cgi

https://naijafinix.com/naijafinix-media-official-contact-click-here/

https://www.gulapay.com.ng/show_post/bullion-vans-ozekhome-says-nigerians-can-demand-for-tinubu-s-investigation

https://news.question.ng/ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga---presidential-election

https://www.lucipost.com/2019/11/ozekhome-slams-efcc-on-refusal-to-investigate-alleged-tinubus-bullion-van/

https://dailynewsgh.com/2019/11/26/presidential-election-ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://noblereporters.com/2019/11/26/efcc-should-check-tinubus-bullion-van-as-other-nigerians-no-one-is-above-the-law-san-mike-ozekhome/amp/#aoh=16004204765970&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s

https://dailynewsgh.com/2019/11/26/presidential-election-ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://newspotng.com/bullion-van-nigerians-sign-omokris-petition-demand-efccs-probe-of-bola-tinubu/

https://focusreporters.com/presidential-election-ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://www.thesitenews.com/news/presidential-election-ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://www.nigerianeye.com/2019/11/atikus-lawyer-ozekhome-attacks-efcc-on.html?m=0

https://www.thesitenews.com/

https://naijafinix.com/naijafinix-media-official-contact-click-here/

https://www.nigerianeye.com/2019/11/atikus-lawyer-ozekhome-attacks-efcc-on.html?m=0

https://www.kogonuso.com/bullion-van-fraud-nigerians-demand-efccs-probe-of-bola-tinubu/

https://noblereporters.com/2019/11/26/efcc-stops-working-on-tinubus-bullion-van-because-there-are-no-merits-to-it-itse-sagay/

https://newsflash247.com.ng/ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://fast-tracks.com.ng/arewa-youths-give-reasons-efcc-may-not-probe-tinubu-over-bullion-van-allegation/

https://www.premiumtimesng.com/news/headlines/360566-efcc-chairman-magu-dodges-question-on-tinubus-bullion-van-petition.html

http://nigerianeyez.blogspot.com/2020/08/bullion-van-tinubu-untouchable-buhari.html?m=1

https://www.gbetutv.com/bullion-van-omokri-leads-petition-demands-efccs-probe-of-bola-tinubu/

https://noblereporters.com/2019/11/26/efcc-stops-working-on-tinubus-bullion-van-because-there-are-no-merits-to-it-itse-sagay/

https://www.pulse.ng/news/politics/tinubus-bullion-van-efcc-boss-magu-avoids-money-truck-question/q3tymte

https://www.chukslyonews.com/2019/11/26/no-one-is-above-the-law-ozekhome-slams-efcc-on-refusal-to-investigate-alleged-tinubus-bullion-van/

https://www.vanguardngr.com/2019/10/csos-calls-on-efcc-to-investigate-tinubu-over-alleged-money-conveyed-in-bullion-vans/

https://www.vanguardngr.com/2019/10/csos-calls-on-efcc-to-investigate-tinubu-over-alleged-money-conveyed-in-bullion-vans/

https://thenigerialawyer.com/bullion-vans-nigerians-have-right-to-demand-demand-tinubus-investigation-ozekhome-san/

https://www.thepledge.ng/bullion-van-saga-ozekhome-berates-efccs-refusal-to-investigate-tinubu/

https://lawcarenigeria.com/bullion-van-nigerians-sign-omokris-petition-demand-efccs-probe-of-bola-tinubu/

https://thecitypulsenews.com/ozekhome-fires-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://thecitypulsenews.com/ozekhome-fires-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://9jalegal.com.ng/bullion-vans-why-efcc-wont-investigate-tinubu-prof-itse-sagay-san/

https://www.nairaland.com/5549669/bullion-vans-ozekhome-says-nigerians/

https://fellowpress.com/news/63184/presidential-election-ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://dailyexcessive.com/ozekhome-wants-tinubu-investigated-over-bullion-van-saga/

https://nkirukanistoran.com/ozekhome-blast-efcc-for-refusing-to-investigate-tinubu-two-bullion-vans/

https://newsdesk.com.ng/bullion-vans-nigerians-can-demand-for-tinubus-investigation-ozekhome/

https://www.kogonuso.com/bullion-van-fraud-nigerians-demand-efccs-probe-of-bola-tinubu/

https://en.afropages.fr/african-press/99-dailypost-nigeria/695423-presidential-election-ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://www.nigerianeye.com/2019/11/atikus-lawyer-ozekhome-attacks-efcc-on.html?m=0

https://focusreporters.com/presidential-election-ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://www.thesitenews.com/news/presidential-election-ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://newspotng.com/bullion-van-nigerians-sign-omokris-petition-demand-efccs-probe-of-bola-tinubu/

https://noblereporters.news.blog/2019/11/26/efcc-should-check-tinubus-bullion-van-as-other-nigerians-no-one-is-above-the-law-san-mike-ozekhome/amp/#aoh=16004204765970&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s

https://dailynewsgh.com/2019/11/26/presidential-election-ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga/

https://www.lucipost.com/2019/11/ozekhome-slams-efcc-on-refusal-to-investigate-alleged-tinubus-bullion-van/

https://www.notice.com.ng/ozekhome-attacks-efcc-on-refusal-to-investigate-tinubu-over-bullion-van-saga---presidential-election

INVESTIGATION VS. PROSECUTION: THE MISSING LINK

ABUSE OF INVESTIGATIVE AND PROSECUTORIAL POWERS BY THE EFCC

POOR INVESTIGATION

Part of the greatest anti-corruption fight rests in poor investigation by the investigating officers of EFCC.

Many of the EFCC personnel involved in investigation activities are highly inexperienced. Many of them are usually compromised personnel, who are not grounded in due process and the rule of law. They believe that might is right and that humiliating and denigrating suspects and accused persons satisfy the ‘‘lynch-them’’ mentality of members of the public baying for the blood of such accused persons.

Prosecutors of high profile cases are in the habit of playing to the gallery to capture (public adulation) by filing phoney 50 – 100 counts charge, on a matter they know full well can be accommodated by 10 – 15 counts. By turning back to subsequent serial amendments, they delay justice; but blame the hapless defendant, the harassed Counsel and the already intimidated Judex, for slow prosecution of cases.

EFCC and Prosecutors are in the habit of holding special secret sessions with designated Judges who are specifically hearing EFCC matters behind the back of the Defendant and his Counsel. There is no justice in such a skewed system.

EFCC prosecutors are in the habit of using foul language feely against Judges and the Defendants’ Counsel in open court, all because they believe they have “government might” or “Magu powers” behind them.

I have personally watched court proceedings, where, to my embarrassment and horror, Judges openly condescended and knowtowed to the rough tactics, offensive words and grand-standing tactics by prosecuting Counsel, all for the fear of EFCC and its ; ‘‘almighty’’ Magu. Some Judges genuflectingly ‘‘welcome’’ EFCC Prosecutors who come late to court, rather than publicly chastise them as they do to other lawyers.

EFCC are in the habit of harassing Judges, secretly and publicly, calling them corrupt, simply because such Judges seek their independence and non-interference, to decide cases according to law and the facts placed before them. When you abuseJudges, you must know you are still going to come before them. They tag lawyers who defend accused politicians as ‘‘defenders of corruption’’, and ‘‘enablers of corruption’’, simply because such lawyers are doing their legitimate job of defending accused persons, in accordance with time-honoured principles embedded in the “Cab Rank” Rule; Rondel v. Worsley ([1967] 3 W.L.R. 1966) and section 36 of the 1999 Constitution. It does not matter to the EFCC that they have equally hired the best lawyers they could lay hands on to prosecute the same cases.

EFCC should stop “naming and shaming’’ politically exposed – persons (PEPs) and other Nigerians who have not yet been arraigned, tried and convicted by courts in accordance with extant laws.

Some EFCC Operatives torture suspects to enlist some desired and predetermined information. 

Prosecutors are in the habit of amending charges up to 6 times during a single trial, thus delaying proceedings. Of course, because they control a large section of the media which has been brow-beaten into a stupor, Nigerians will suddenly start reading that “corrupt politicians” have hired some “corrupt lawyers” or “enablers of corruption” to stall the anti-corruption fight. The Prosecutors hide the truth – that it is due to the tardiness and intimidating display of raw power of the investigators, which had been passed on to the prosecutors, and then the court, that is stalling cases, not defendants or the Counsel.

DESMOND NUNUNGWO DIED IN EFCC CUSTODY

One of my clients, Desmond Nunungwo, actually died in the EFCC custody. He had been whisked off hale and hearty, but died there on 10th June, 2016. The EFCC took his body to the National Hospital Mortuary. The family was threatened to shut up. We had to write series of letters for a release of the corpse to the mortuary. It was a tug of war to even get the EFCC to release the decomposed body in the mortuary to the family for burial.

BACKGROUND FACTS

On the 6th day of June, 2016, my client, one Mr. Desmond Nunungwo, a staff of Ministry of Defence, now deceased, was taken into custody of EFFC operatives under Mr Magu for onward interrogation related charges. The news of his death first broke via EFCC’s press release on the 10th day of June, 2016, with the caption, “Suspect in a Case of Fraud Dies