Thursday, 20 June 2013
Bribery: Keyamo Threatens To Prosecute Lawan-PM News, Lagos
Festus Keyamo
By Eromosele Ebhomele
As the seven-day ultimatum given by popular Lagos-based lawyer,Festus Keyamo, to the Nigerian police for the prosecution of Representative Farouk Lawan, expires, the lawyer has sent to the Attorney general of the Federation, Mohammed Adoke, a draft of the charge he wants slammed on the lawmaker and his alleged accomplice, Boniface Emenalo, in the bribery allegation against them by Nigerian businessman Femi Otedola.
Keyamo, a social crusader and critic, had given the police authority an ultimatum to either begin the prosecution of the lawmaker and Emenalo “for agreeing to and actually accepting gratification from one Femi Otedola in order to doctor the report of the House ad-hoc Committee on fuel subsidy.”
He had warned that he would go to court, as a private prosecutor, to force the law enforcement agency to perform its job in the event that it refuses to act within the stipulated period.
Contained with the charge against the duo which was sent to Adoke are the proof of evidence which includes a recording of an alleged telephone conversation between Farouk Lawan and Femi Otedola contained in a memory card “wherein Farouk Lawan was soliciting or asking for gratification to doctor his report, and appealing to Otedola to keep it secret.”
Also included with the charge is the transcript of the said recording, the court processes including a sworn testimony on oath in Suit Number FCT/3839/2012: between ZENON PET. & GAS LTD. & ANOR. V. LAWAN & ORS, where the graphic details of how the accused persons solicited for, and received gratification from Femi Otedola are stated.
Keyamo said he was carrying out this action based on Section 342 of the Criminal Procedure Act, Cap. C41, Laws of the Federation of Nigeria, 2004.
In a letter accompanying the charge to the AGF and made available to P.M. NEWS, Barrister Keyamo said he decided to send the legal materials to Adoke because after issuing the ultimatum, the police passed the buck over to his office for the inaction.
He said the police claimed it had finished the investigation and that Adoke’s office had just refused to file charges for reasons unknown to the public.
“May I kindly request that, by virtue of Section 342 of the Criminal Procedure Act, Cap. C41, Laws of the Federation of Nigeria, 2004, you endorse on the charge whether, having seen the charge, you are prepared to prosecute Farouk Lawan and Boniface Emenalo for the counts in the charge or whether you have declined to prosecute at the public instance the counts in the said charge.
“The position of the law is that, before I commence private prosecution, you should be given the opportunity to prosecute or to decline to prosecute. This is what I have done by this letter.
I will expect your reply by the close of official business on Tuesday, 29 January 2013, to enable me determine my next line of action.
“I sincerely hope you will make your decision one way or the other as any indecision on your part will amount to a refusal to act as held by the Supreme Court in the case of CHIEF GANI FAWEHINMI V. COL. HALILU AKILU & ANOR: IN RE: ODUNEYE reported in 1987 (4 NWLR) P. 67,” Keyamo requested saying the refusal of the AGF to act would be the all-clear signal that is required by him to file the charge.
The four-count charge as prepared by Keyamo read: “that you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and July 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, conspired to corruptly demand and receive the sum of $3,000,000.00 (Three million US Dollars) as gratification from Femi Otedola, and thereby committed the offence of Criminal Conspiracy contrary to Section 96 of the Penal Code Act, Laws of FCT and punishable under Section 97 the same Act.
“That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and July 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, corruptly asked for, received and obtained the sum of $620,000.00 (Six hundred and twenty thousand US Dollars) as bribe from Femi Otedola, and thereby committed the offence of gratification by an official contrary to Section 12(1)(a) of the Corrupt Practices and Other Related Offences Act, Cap C31, LFN 2004 and punishable under the same section.
“That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and July 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, corruptly agreed to receive the sum of $3,000,000.00 (Three million US Dollars) as gratification from Femi Otedola, and thereby committed the offence of gratification by an official contrary to Section 12(1)(b) of the Corrupt Practices and Other Related Offences Act, Cap C31, LFN 2004 and punishable under the same section.
“That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and June 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, threatened one Femi Otedola with injury to his reputation and his companies, with intent to cause alarm to Femi Otedola and to cause Femi Otedola to give you a gratification of $3,000,000.00 (Three million US Dollars) in order to avoid the said injury, and thereby committed the offence of Criminal Intimidation contrary to Section 396 of the Penal Code Act, Laws of FCT and punishable under Section 387 of the same Act.”
Comments
13 comment(s)
Post a comment
WHY THIS
Submitted by AHMED (not verified) on January 27, 2013 - 08:08.
WHY CAN'T U GUY'S LEAVE RELIGION OUT OF POLITICS, IS LAWAN A CHRISTAIN OR SOUTH
Its a pity.
Submitted by Innocent (not verified) on January 26, 2013 - 07:27.
Its a pity we live in a country where the law is only applicable to the poor masses. Mr. President has told Nigerians in diaspora how his administration is determined to fight corruption and to also uphold rule of law,but it is obvious that what is actually obtainable in our country is that,our politicians and their associates are above the law in Nigeria, if not how can lawan farouk who public admited to have collected bribe as chairman of a probe commitee not be compelled in any way lawful, to face the wrath of the law?or are we saying that he lawan farouk and other policians and their associates are above the laws of this country? No wonder nuhu mohammed who aided the vice president win election as the then governor of kaduna state,when he was caught in possesion of arms,the court still set him free after so much presure on the judge from his god fathers. Go to our prisons and see people who are languishing there for years without trials for minor offences. Its just a pity.
What a Shame
Submitted by Barr. Chizim Chinda (not verified) on January 25, 2013 - 06:30.
I am in total support of Keyamo's moves. Pls I want to join u in this action. We must all join hands to save this country. I can be reached on 08034033006. I am in active litigation and based in Port Harcourt. Pls contact me.
WHY CAN'T HE PROSECUTE BABANBIDA?
Submitted by Anonymous (not verified) on January 25, 2013 - 00:22.
Why can't he proseute Babangida as a private prosecutor if he is a son of his father? Why cant' he start from the top? He cannot do that because Babangida is a muslim and a northerner. Babangida boys are ready to cut your head and get their 72 virgins in paradise.
Farouk
Submitted by Patrick (not verified) on January 24, 2013 - 23:46.
Wat can I say? When the head is bad, the whole body is affected...but we shoudn't continue to allow crooks and miscreant larvish and steal the future of our nation
Is it not curious that Keyamo
Submitted by Remi (not verified) on January 24, 2013 - 22:24.
Is it not curious that Keyamo is only shouting about Farouk what about Otedola? How much has he collected to be raking like this? How come he has not threatened the oil subsidy scammers? If actually he is doing this for patriotic reasons then he should include Otedola and other scammers.
Keyamo...prosecute them...Na our SS&SE money dem steal so!
Submitted by akpos1 (not verified) on January 24, 2013 - 22:03.
Keyamo!Keyamo!!Keyamo!!! Now how many times I call you so? Make you no fear, you hear? We for area stand for you back dey do "Ochuko"(Support)for you. Nothing do you. Carry on boy!
That's it! Festus Keyamo is a true son of the SS&SE displaying that ubiquitous characteristic of SS&SE peoples - Bravery & Courage & fighting back real hard in the face of opposition- D cowardly Yoruba Judges who always protect Fraudstars.
For once we thought Swiss Banks were the final destination of stolen SS&SE oil & gas wealth until Farouk's world record breaking Dollar cash vault beneath his cap. No wonder, each time OBJ had meetings wit senators during his evil reign, they always left the venue constantly adjusting their caps, ostensibly keeping the Dollars beneath properly balanced. What will the rest of continent Nigeria do without the "oily" Republic of SS&SE? Beggarly Idiots.
Keyamo, prosecute the case well o..Na our SS&SE money dem steal so!
Long live the United Republic of the SS&SE
I support your quest for Justice onbehalf of d nigeria ppl
Submitted by OmonBendel (not verified) on January 24, 2013 - 19:35.
Please intesify your effort to bring all parties to book, lawan and otedola e.t.c.
Keyamo...prosecute them...Na our SS&SE money dem steal so!
Submitted by akpos1 (not verified) on January 24, 2013 - 19:06.
Keyamo!Keyamo!!Keyamo!!! Now how many times I call you so? Make you no fear, you hear? We for area stand for you back dey do "Ochuko"(Support)for you. Nothing do you. Carry on boy!
That's it! Festus Keyamo is a true son of the SS&SE displaying that ubiquitous characteristic of SS&SE peoples - Bravery & Courage & fighting back real hard in the face of opposition- D cowardly Yoruba Judges who always protect Fraudstars.
For once we thought Swiss Banks were the final destination of stolen SS&SE oil & gas wealth until Farouk's world record breaking Dollar cash vault beneath his cap. No wonder, each OBJ had meetings wit senators during his evil reign, they always left the venue constantly adjusting their caps ostensibly keeping the Dollars beneath properly balanced. Idiots.
Keyamo, prosecute the case well o..Na our SS&SE money dem steal so!
Long live the United Republic of the SS&SE
Curious ways of GEJ
Submitted by ese otaks (not verified) on January 24, 2013 - 16:56.
The presidency that is singing transforamtion and steadfast war against the corrupt is sudenly deaf and dumb here. This is one case the president cannot afford to use for horse trading. Courage has continuously failed Mr president when it is crucial to make a statement on the subject of corruption. Just as his predecessors easily got carried away by the temptation to loot and share, he is failing abysmally to deal with open cases such as that of Lawal. The dishonourable house of rep is a huge disappointment here. They are shielding, aiding and abetting looting, graft, greed,covetuousness and have succeeded in entrenching corruption in Nigeria. Dismal indeed!
This Lawan Imbroglio
Submitted by Anonymous (not verified) on January 24, 2013 - 16:42.
Mr. Keyamo you are doing a good job trying to bring these crooks to book. Unfortunately,you are fighting a lost cause.This is still a country that celebrates corruption. On Wednesday, 23rd January at the MM airport, I witnessed the most nauseating display of arrogance by this petite man called Lawan. He walked through at the airport with a lady (presumably his wife) amid hailing of "honourable, honourable" from airport workers.He seemed so full of himself that he acknowledged the "chants".I watched in disbelief as he was ushered past the rest of us who were waiting for SS and immigration to "screen" us. What a nation!!!!
Faruk Lawal Case
Submitted by Anonymous (not verified) on January 24, 2013 - 13:55.
As Long as criminals are allowed to go scot free Nigeria will never progress .
Where is Nigeria heading to?
Submitted by Shehu Garba - Canada (not verified) on January 24, 2013 - 13:32.
Nigeria Police is encouraging corruption. At least cases that are too open should be dealt with.
Thank you Keyamo.
We hear about fighting corruption, fighting corruption but where is it being fought? It's a shame. This case is too open to be swept under the carpet. Let the young generations see that we are not helping to cover corruption leaders.
