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.
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.
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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.
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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.”
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