Eniola Akinkuotu, Abuja
The Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), has advised the Attorney General of the Federation, Mr. Abubakar Malami (SAN), to reduce the rate at which he meddles in anti-corruption cases being handled by the Economic and Financial Crimes Commission and other anti-corruption agencies.
Sagay said this during an interview with The PUNCH on Monday while reacting to the queries issued by the AGF to the acting EFCC Chairman, Mr. Ibrahim Magu; and an EFCC prosecutor, Mr. Festus Keyamo (SAN), over the prosecution of the Chairman of the Code of Conduct Tribunal, Mr. Danladi Umar, who presided over the case of the Senate President, Bukola Saraki, last year.
The PACAC chairman also faulted the AGF for issuing a query to Keyamo who is not a government official.
According to Sagay, while Malami has a vague control over the EFCC, continuous meddling in the affairs of the commission could have adverse effect on the anti-corruption war.
He said, “In any case, he cannot query Festus Keyamo who is an external prosecutor. He is not under the control of the attorney general. The AGF should know he has no jurisdiction over Keyamo.
“As for Mr. Magu, he was appointed personally by the President although generally the affairs of anti-corruption agencies are vaguely placed under the supervision of the attorney general.
“The AGF has dozens of cases he needs to prosecute directly and for him to be going around collecting cases from the EFCC and the ICPC really stretches the capacity of his work. I think he should just leave them alone.
“These agencies are specialised and have their members of staff. Frankly speaking, the spirit of the law requires that they be left alone and this sort of meddling will not help. The AGF should reduce the meddling in the EFCC.”
Also speaking with our correspondent, Keyamo confirmed that he had been queried by the AGF, adding that he had responded in a private letter.
“I have responded in a letter to the AGF privately,” he said.
Keyamo, however, refused to reveal the details of the letter he wrote to Malami.
It was learnt that in the letter, Keyamo informed the AGF that he acted on the instructions of the EFCC chairman to prosecute the CCT chairman.
Keyamo also informed Malami that all proper legal processes were followed.
According to documents obtained by the PRNigeria, the AGF queried the EFCC boss and Keyamo.
In the query dated February 16, 2018 and with Reference No DPP/ADV:368/15, Magu was ordered to make his response to the query available to the AGF and the Minister of Justice on or before Tuesday, February 20, 2018 (today).
In the query, signed by Mr. Dayo Apata, the Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Magu is to explain what informed the filing of corruption charges against the tribunal chairman having being cleared of corruption allegation twice by the EFCC.
Titled, “FR vs Danladi Umar (CR/109/18) request for briefing,” the query read in part, “The attention of the Honourable Attorney General of the Federation was drawn to news report that the Economic and Financial Crimes Commission has filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.
“I am directed by the Honourable Attorney General of the Federation to seek clarification from you as to whether the charges were filed on your instructions or directive and if in the affirmative, what is the compelling basis for doing so? This clarification becomes imperative in view of the following background facts.
“The commission’s investigation report dated March 5, 2015 addressed to the Secretary to the Government of the Federation stated as follows: “The facts as they are now against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the defence.
“The commission’s position in paragraph 2(a) above was also maintained and sustained by the Honourable Attorney General of the Federation while appearing before the House of Representatives’ Investigative Committee sometime in 2015 to the effect that report of investigations showed that the allegations against Hon. Justice Danladi Umar were based on mere suspicions.
“In view of the foregoing, the Honourable Attorney General of the Federation requests your prompt briefing as to the existence of new facts which are contrary to the position in your attached investigation report, sufficient evidence or other developments upon which the prosecution of Hon. Justice Danladi can be successfully based.
“Kindly accord this letter top priority, while your prompt response within 48 hours from the receipt of same is required in the circumstances.”
In the same vein Keyamo was also requested by the AGF to confirm who authorised him to file the corruption charges against Umar.
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