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Waziri battles Aondoakaa…Over Ibori

October 4, 2009

Ahead of their scheduled appearance before the Senate Tuesday, there appears to be a widening chasm between the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Michael Aondoakaa and Chairman of the Economic and Financial Crimes Commission (EFCC), Mrs Farida Waziri.


Both Aondoakaa and Waziri along with the CBN Governor, Mr. Lamido Sanusi Lamido, according to Senate President David Mark, would brief senators this week on the developments leading to the removal of chief executive officers of some banks.
Relations between the two have been on a sticky patch over the handling of the charge of stealing public funds preferred against the former governor of Delta State, Chief James Ibori by the EFCC.
This is even as anxiety has now gripped the commission ahead of the October 26 court ruling on the Ibori matter.
A reliable source that pleaded anonymity said the cause of the anxiety stems from the fear among staffers in the anti-graft agency that the charges against Ibori might be quashed on that day due to the uncooperative attitude of the Attorney General’s office. More so given the fact that the Ibori team Friday secured a stay of proceeding at a London court where the former governor is standing trial over money laundering charges.
Indications that the activities of the Attorney General, whose office serves as a clearing house for  the investigation and prosecution of economic and financial crimes  were at a cross purpose with Waziri’s, clearly emerged about three weeks ago when the former, at his September 10 press conference sensationally told his bewildered audience that the latter’s office had cleared three former governors- James Ibori, Asiwaju Bola Tinubu and Victor Attah, all said to be under investigation by the EFCC.
But if any doubt had existed about the incongruent relationship that prevailed between the Attorney General and the EFCC boss, it was swiftly confirmed by the anti-graft agency’s spokesperson, Mr. Femi Babafemi, by not only disowning Aondoakaa but also dismissing the subject of his press conference.
A source told National Life that the focus of the press conference was indeed James Onanefe Ibori, but in order not to make a public show of openly offering protection to the embattled former Delta State governor, the Attorney General deliberately included mentioned Attah and Tinubu as a way of deflecting public angst, even when the former Akwa Ibom State governor and his Lagos State counterpart were not under any investigation by the EFCC.
In what came as the proverbial last straw that would highlight the deepening gulf between the AGF and the EFCC boss, is his alleged role in the London Metropolitan Police’ request for the release of 25 witnesses to testify in the trial case involving three suspects in Ibori’s money laundering case at the Southwark Crown Court.
Following a letter to it by the Metropolitan police, the EFCC reportedly wrote to the AGF to invoke relevant clauses in the Mutual Legal Treaty Agreement (MLAT) for the release of 25 witnesses to testify at the Southwark Crown Court.
In return, the MET Police would release relevant documents to the EFCC that would facilitate the trial of the former governor in Nigeria.
Ibori who is standing trial in London for money laundering, is also being accused of stealing public funds while in office as governor of Delta state.
Since the London case is largely predicated on the case in Nigeria, the Metropolitan Police believes it is only if EFCC secures a conviction against Ibori in Nigeria would it stand a chance of securing a conviction against Ibori in London.
To achieve that, the Met requested the assistance of key witnesses in Nigeria to testify in London.
But the AGF, who has consistently been accused of doing everything within his power to kill the two cases and get Ibori off the hook, however, denied any hint of the request.
He had said: “On the issue of the 25 witnesses needed by the MET Police, nobody has brought that information to my notice. As soon as my office receives the request, it will be treated with dispatch and as the law requires.”
He stated further: “…the office of the AGF will not breach the constitution by stopping anybody from testifying before any tribunal or court in Nigeria or outside including the UK. That is the true fact.”
Despite denying that his office was not offering protection to any former governor and further claiming that no request had been made to his office by the EFCC to release 25 witnesses, Aondoakaa ironically was to make a U-turn when it emerged that the anti-graft agency had responded to his challenge by formally writing to the AGF’s office.
Following studied silence on the EFCC’s letter, Aondoakaa was to respond two weeks later by playing nationalistic card on the issue. While whipping up national sentiment last week, he publicly addressed the media, vowing not to release any Nigerian citizen for trial overseas.
In stark contrast to his earlier pledge to comply, Aondoakaa recanted: “It is not about certain people in the society, it is about you and me. If they say you committed  an offence in a country and I should bundle you and give to the country, I will not do that since Nigeria is not a lawless country.”
Continuing, queried: “Are you saying Nigeria is answerable to other countries?
By refusing to cooperate with the Met Police, the effort of the EFCC in the case of stealing would come to nought.
Conversely, without key witnesses in London to testify against Ibori, the Metropolitan Police will be engaging in exercise in futility.
So through deliberate official obstruction to the cause of justice from the AGF, both the EFCC and the Metropolitan Police would have come to a judicial Cul de sac in the stealing and money laundering saga involving Ibori.
National Life’s informed source lamented last week that the EFCC may have a delicate situation on its hands when Ibori’s case comes up for hearing on Octber 26, as it was relying on the documents from the Metropolitan Police to successfully nail the former governor. And without the documents, the embattled former governor, might just tread the path of freedom from prosecution and eventual conviction.
National Life gathered that Aondoakaa last Tuesday met with Yar'Adua, after which he drove to Ibori’s Asokoro residence and reportedly told Ibori that the chances of his being acquitted is ‘2-1’.

Waziri weans self off AGF’s control
Having discovered, albeit belatedly that her integrity was being sacrificed by being pliant, National Life gathered that it was time for Waziri to wean herself off AGF’s overbearing grip.
In what would begin the EFCC boss’ self-assertion, National Life source in the Presidency said the first clash between Aondoakaa and Waziri was on the Vaswani brothers’ deportation, as both of them navigated diverse routes on that matter.
At the height of the Vaswani brothers’ saga, Aondoakaa was said to have been opposed to the deportation and Waziri had to work extra hard to ensure the Vaswani brothers were deported.
Waziri was said to have enlisted the support of the then Minister of Interior, General Godwin Abbe. For the first time, she was said to have openly voiced her frustration about not being allowed to do her job.
Viewed as an act of insubordination, the AGF was said to not only have been highly piqued but to have further issued stern warnings to the EFCC boss after she succeeded in ensuring the deportation of the Vaswani brothers.
AGF’s meddlesomeness
At no time has a minister in the cabinet of the President Umaru Musa Yar’Adua (except Sam Egwu) or those before it, come under criticisms like Aondoakaa, since his appointment in 2007.
Under the guise of upholding the rule of law, the AGF is alleged to have systematically dismantled the little gains the country recorded in its effort to battle corruption in public places before May 29, 2007 when the current administration came to power.
 On many occasions, he has been alleged to have embarrassed the country internationally. His first assignment as soon as he was appointed AGF and Minister of Justice was to weaken the hands of the Economic and Financial Crimes Commission (EFFC) especially under its former Chairman, Mallam Nuhu Ribadu.
He threatened to take over or discontinue cases initiated by the agency that he deemed were against the rule of law.
Then came the judicial faux pas, when he wrote a letter to the British Police exonerating Ibori of corruption in Nigeria. This was in addition to his public attack on EFCC.
Also, the AGF reportedly sent his office’s representative to appear in a case in court being handled by the EFCC without the EFCC’s knowledge and thereby caused a lot of confusion and embarrassment in the court. He then issued a statement saying he wanted to preserve a "prohibitive injunction" issued by Abia State High court, so as to avoid his own committal to prison as the AGF in breach.

Ibori’s defence
Ibori, in a rare media chat penultimate week, attempted to put a lie to the former EFCC boss’ claim that he offered him bribe to the tune of $15million.
But just as the bemused public was still trying to tell who was lying against who, Ribadu re-echoed his claim that the embattled ex-governor actually offered him bribe, adding that the bribe proceed was with the CBN.
Coming on the heels of claims and counter claims between Ibori and Ribadu, the EFCC confirmed last week that the money was with the apex bank.
According to a top official of the anti-graft agency, “the $15million is in the CBN and we have records to show the acknowledgment by the apex bank.”
 

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