The Attorney-General and Minister of Justice, Chief Michael Aondoakaa, may have Soft -pedalled on his request to President Umaru Musa Yar’Adua which appeared to have cut the powers of the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Code of Conduct Tribunal.
Following a seemingly unfavourable Public response to his desire to streamline the prosecution activities of the anti-graft bodies, Aondoakaa has decided to “cede” his prosecution powers to the bodies and only act as a “last resort”.
Addressing State House Correspondents, the Minister of Justice said he would not interfere in the activities of bodies unless he found a “very good” reason to do so.
This means EFCC, ICPC and Code of Conduct Tribunal have been left to operate as they were doing before.
Revelations have, however, emerged that the Attorney-General who had written to President Yar’Adua requesting to assume his constitutional powers of criminal prosecution, was a counsel to many of the ex-governors who have cases with the EFCC, thereby raising issues of conflict of interest and a possible motive for trying to whittle down the powers of the anti-graft bodies.
It was gathered that Aondoankaa was at various Times lawyer to former vice president, Alhaji Atiku Abubakar, former Benue State Governor , Chief George Akume, and former Kogi State Governor , Alhaji Abubakar Audu, among others, during their trials at both the Code of Conduct Tribunal and the Federal High Court in Abuja .
He had last week promised to check the “excesses” of the EFCC.
The President, had two days ago, issued a directive to EFCC, ICPC and Code of Conduct Tribunal to take instructions from the Attorney-General in matters of criminal prosecution, saying such powers had been conferred on the Attorney-General pursuant to Section 41 of the EFCC Act 2004.
But last night, Aondoakaa said there was no hiding place for corrupt officials, adding that it would be wrong for people to assume that the supervisory role he has over the anti-corruption Agencies would translate to protecting some people.
He said after examining All the relevant laws of EFCC and other related Agencies , “the powers vested in them to initiate and continue prosecution will continue. The reason is that nobody should think that those supervisory powers given to me Are meant to protect anybody. There should be zero tolerance for corruption.
“To that effect, this is the way that I will exercise those powers. The EFCC, ICPC and other Agencies that have those constitutional powers enacted in them will proceed and initiate proceedings immediately against any person who has violated those laws.
“They should proceed immediately without reverting to me in consonance with the relevant powers granted to them by the statutes creating them. They should do it in conformity with rights created under the constitution.”
Aondoankaa noted that the important issue “is to take somebody to court promptly, to arraign the person to a court of Law within 48 hours, not to detain the person indefinitely, detain and arraign him within 48 hours. They will continue as if deemed to be granted by me.
“Secondly, in the course of the prosecution which they will initiate independent of me, if I have good reasons to believe that they Are not carrying Out prosecution in conformity with the constitution, we will exercise the right of the Attorney-General under the constitution to take over the case or even discontinue where the facts permit.
“That is, they will proceed with the case as their statutes permit them but they should do it in accordance with the constitution that states take somebody to court within 48 hours. And where they Are carrying Out the prosecution, they should do it in accordance with the Consti-tution. Where they do not and there is good grounds for me to believe that they Are not doing it and I do not have any reason to believe that they will not do it, they will do it in accordance with the constitution.
“The message is very clear. There is no hiding place for any corrupt politician. I do not intend to create any impediment on the work of any of the Agencies that had inherent powers to their statutes to initiate prosecution. For the avoidance of doubt, I have said that they can proceed as if, except I have good reason to intervene.”
THISDAY discovered that the Attorney-General was a member of the team of lawyers that defended the former vice president before the Code of Conduct Tribunal and at the Federal High Court when the tribunal wanted to try him over his indictment for abuse of office by a panel set up former President Olusegun Obasanjo on the Management of the Petroleum Trust Fund .
As counsel to Akume, Aondoankaa stood stoutly against the trial of Akume, brandishing an injunction from a Benue State high court which restrained the Code of Conduct Tribunal presided over by Justice Constance Momoh from going ahead with the trial.
The Attorney-General was also among lawyers of the former Kogi State Governor when he was dragged to the Code of Conduct Tribunal.
Speaking with THISDAY yesterday before the New Development , some lawyers had differed with Mr. Femi Falana and Chief Gani Fawehinmi who had condemned the initial decision of the Federal Government .
President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), said the directive by President Yar\'Adua that henceforth EFCC must seek the consent of and report of the Attorney-General of the Federation was a good Development that would enhance the criminal Justice System of the country.
He noted that as Chief Law officer of federation and regulator and co-ordinator of the criminal Justice System in the country as stated in Section 174 of the constitution it was historic to note that the functions and duties of the AGF was being reasserted.
“EFCC became the AGF of its own. Even though the EFCC Power to prosecute is acknowledged, and that is why in All prosecutions, it carries the name of the AGF but after a while, it began to put the name of its chairman on All charge sheet as an alternative of the AGF. This was wrong,” Agbakoba said.
Agbakoba is believed to be sympathetic to Atiku, having criticised the EFCC over its Handling of the PTDF affair last year.
In the view of Prof. Itse Sagay (SAN), the directive was an effort to comply with provisions of the constitution which give the Attorney-General of the Federation the primary duty of being the Chief prosecutor.
He noted that duty was eroded with the EFCC Act of 2004 which undermined the powers of the AGF.
On whether the decision contravened the verdict of the Supreme Court in Osahon v FGN where it was held that the police and other investigation Agencies did not require the fiat of the AGF to initiate criminal prosecution, Sagay said the AGF had the Power to terminate the case.
For Prince Lanke Odogiyon (SAN), the EFCC Act which empowers the commission to engage in criminal prosecution is unconstitutional as it relates to the powers of the AGF.
He noted that when he was president of the NBA, his executive took the same position in correcting the anomaly but could not achieve much because of the illegalities perpetrated by the last administration.
Lagos-based lawyer, Mr. Festus Keyamo, said it was wrong for anybody to think that President Yar\' Adua\'s directive was meant to castrate EFCC.
According to him, \"the Act setting up the EFCC prescribes the ground norm of the Nigerian Law which is the constitution. Section 174 states that the AGF has an overriding Power over All criminal prosecution in the country. So it will appear that anything contrary to this is illegal. The reason being that they have created a parallel office which is that of the Executive Chairman of the EFCC who has pretended to be in complete Control of his prosecution independent of the office of the AGF. This is unconstitutional.”
Keyamo added, \"In the decision of Osahon v FGN, it was specifically on the Power of the police as contained in the Police Act. And that decision did not say the police can override the powers of the AGF. It only said the police can file a charge directly from a high court. But it does not mean it can override the Power of the AGF. The powers of the police over prosecution as stated in Osahon v FGN is still subject to the overriding Power of the AGF over prosecution anytime.”
Some lawyers, however, told THISDAY that it was time the office of the Attorney-General was separated from that of the Minister of Justice. They argued that the way things were going, it would be difficult to separate genuine intention of Government to uphold the rule of Law from the personal ambition of politicians to protect the interest of their clients.
The lawyers Are Biodun Fasakin, Kehinde Imafidon and Wumi Fabuluje.
They said that no one could fault or doubt the genuine intention of President Yar’Adua to redress the pass errors. He was advised to always exercise caution against taking very hasty decisions especially when such have to do with the issue of fighting corruption.
They said that there was nothing wrong for EFCC to take instructions from the Attorney-General if doing so is All that is required to bring offenders to Justice, pointing Out that by virtue of section 174 (1) of the 1999 constitution, the AGF has the right to Institute and undertake criminal proceedings against any person before any court of Law in Nigeria .
According to them, nothing stops him from delegating the Authority to any other person or agency in line with the provision of sub section 2 of section 174 of the constitution.
Imafidon said that recourse must be made to sub-section 3 of section 174 of the Law which cautioned the AGF to have Public interest, Justice and the need to prevent abuse of legal process at heart while exercising his powers.