SUSPENDED Acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, has asked the Justice Ayo Salami-led Presidential Panel to summon the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to appear before it.
The Salami-led panel is probing the activities of the EFCC under Magu, in view of allegations of mismanagement of recovered loot and abuse of office, among others, levelled against him by the AGF.
Magu, in an application, filed by his lawyer, Wahab Shittu, said Malami, who he described as his “main accuser” should be summoned to give evidence on his allegations.
The application, seen by The Point, and dated September 4, said, “Kindly cause to be issued a Subpoena Duces Tecum and Subpoena Ad Testificandum on Mr. Abubakar Malami, SAN, the Honourable Attorney General of the Federation to give evidence, and tender relevant documents on behalf of the State, concerning his memo to the President against Mr Ibrahim Magu, the Acting Chairman of EFCC, the subject matter of this inquiry titled “Flagrant Abuse of Public Office and other Infractions Committed by Mr. Ibrahim Magu, Acting Chairman, Economic and Financial Crimes Commission (EFCC) Being Extracts of Pending Petitions” in these proceedings.
“The HAGF is expected to give evidence on his allegations against Ibrahim Magu, to wit: ‘The Acting Chairman of EFCC is not acting in the overall best interest of the country and the policies of this administration due to his mismanagement and lack of transparency in managing recovered assets; diversion of recovered assets for personal enrichment; neglecting to investigate the P&ID case as directed by the President; Flagrant disobedience to directives and to court orders due to the following; Final Report of the Presidential Committee on Audit Of Recovered Assets (PCARA): Mismanagement and Lack of Transparency in Managing Recovered Assets.”
Magu said Section 5(C) of the Tribunals of Inquiry Act 2004 empowered the tribunal to summon any person in Nigeria to attend and give evidence or produce any document or other thing in his possession and to be examined as a witness.
“Summonses issued under this paragraph may be in Form A in the schedule to this act and shall be served by the police or by such person as the members may direct,” he said.
The suspended EFCC boss said in line with Section 36 of the Constitution of the Federal Republic of Nigeria 1999, he had the right to confront Malami before the tribunal.
The application said, “Our client is entitled to be confronted with copies of allegations against him as well as the opportunity to confront his main accuser (in this case, the Honourable Attorney General of the Federation) to enable our client raise issues concerning the allegations and cross-examine the Honourable Attorney General of the Federation on the substance and credibility of his allegations against our client.
“Based on the foregoing, we humbly request that the Honourable Attorney General, who is the main accuser in these proceedings, be graciously invited to give evidence in connection with the subject matter of this inquiry with specific reference to our client in the interest of fair hearing. We believe this request ought to be resolved before our client is called upon to enter his defence in these proceedings.”
Magu also asked that several witnesses be recalled to appear and testify before the panel, saying there was a need for him to cross-examine the witnesses.
