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FG Make Volte Face, Restores EFCC Powers to Prosecute.

August 6, 2007


 

The Attorney General and Minister of Justice, Michael Andoakaar has done a media briefing making a volte face on the initial stance of the Federal Government regarding the powers of the EFCC to prosecute economic criminals, especially ex-governors. In his briefing to the media today at the State House, he stated that he was 'clarifying' media reports about yesterday’s position of the Federal Government which requires the EFCC to refer all of its criminal cases to the office of the Attorney General before they can carry out criminal prosecutions.

The new position now is that the EFCC can prosecute without recourse to his office. The Attorney General working behind the scenes with ex-governors had written a letter to Yar’adua requesting that he is granted the powers to supervise all prosecutions by the EFCC, ICPC and the Code of Conduct Bureau. Yar’adua approved the request to please former governors especially James Ibori who had put enormous pressure on him to rein in on the EFCC.

 However, what the Attorney General was not telling the media is that the volte face came as a result of the interventions from Chief of Staff and State Counsel who felt the Attorney General's memo to Umar Yar’adua was misleading as did not take into account a subsisting Supreme Court ruling on the issue which was highlighted by the West Africa Bar Association President, Femi Falana in his reaction to the announcement yesterday.

 After meeting with the President, Chief of Staff invited the Attorney General over to tell him his position could not stand, a further meeting was held which included EFCC Chairman, Nuhu Ribadu, Justice Ayoade of ICPC and Wale Babalakin, the honorary Adviser on Legal Matters and the SGF, Baba Gana  Kingibe,  the meeting concluded that the AG position would compromise the fight against corruption and would injure the Yar’adua administration terribly as exemplified by public outcry over the decision.

Nuhu Ribadu specifically stated that the case referred to AG office, that of Makanjuola, the Permanent Secretary to the  ministry of Defence and Obasanjo cousin who embezzled huge amount of money in 2000 did not go anywhere till date.

At the end, a compromise was arrived at that the Attorney General should brief the press to 'clarify' his position as a way of saving the face of the Federal Government since it was his cross anyway.
 
Meanwhile, Mr. Femi Falana has asked the Attorney General and Minister of Justice to resign his position immediately for gross incompetence.


Saharareporters, New York


Perhaps, smarting from public uproar about his desire to shield James Onafefe Ibori from prosecution, Umar Musa Yar’adua earlier today called a  meeting at the Villa between EFCC Chairman, Nuhu Ribadu, Secretary to the Government of the Federation, Babagana Kingibe, Attorney General and Minister of Justice, Michael Andoakaar, ICPC Chairman and State House Counsel.

Saharareporters sources said there are strong indications that the government may reverse its decision to take away prosecutorial powers from the EFCC as earlier announced yesterday. It is widely believed that former governors who bankrolled the Yar’adua presidency led by James Ibori had secured the firm assurance from the Umar Yar’adua that the EFCC will be emasculated by taking away their power to prosecute economic criminals. Most of the ex-governors are under investigations and are currently being prosecuted by EFCC lawyers for money laundering, theft and corruption. They  include James Ibori whose $35 million assets were frozen by the Southwark Crown Court in London last Thursday.

 The decision by the government to reduce the EFCC to an “investigation only” agency drew widespread public condemnation from legal experts who said the decision smacks of a design to shield sacred cows, according to the West Africa bar Association president, Mr. Femi Falana, “The decision of the presidency contradicts the ruling of the Supreme Court on the matter”.

More to Come….

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