Explains sack of Ngwuta’s lead prosecutor
Whistle-blower policy yields US$151m, N8bn
By Vivian Okejeme and Ibrahim Ramalan
Abuja
The Federal Government has clarified issues around its decision to discontinue the trial of the Chief Registrar of Supreme Court, Ahmed Gambo Saleh, Muhammed Sharif and Rilwan Lawal, both directors in the finance department of the court.
It also declared that contrary to claim that he withdrew on his own volition, the government sacked Charles Adeogun-Philips, the lead prosecutor in the suit against Justice Sylvester Nwali Ngwuta of the Supreme Court, owing to non disclosure of conflict of interest, unprofessional conduct and other sundry matters.
The federal government, last Tuesday withdrew the N2.2 billion fraud charges brought against the trio, following which the trial judge, Justice Abba-Bello Mohammed, of a Federal Capital Territory High Court in Jabi, struck out the suit.
The defendants were being accused of conspiracy, criminal breach of trust and taking gratification by public officers.
Providing insight into the decision, the Federal Government said, it’s wrong for anybody to insinuate that Saleh and two others were left off the hook because they are of northern extraction.
The positions were contained in a statement by the Special Adviser on Media and Publicity, to the Attorney General and Minister of Justice, Salihu Othman Isah.
He said: “The insinuation that the HAGF withdrew the case against the three Supreme Court officials because they are Northerners is also unwarranted due to the fact that the dropping of the suit was done in good faith and in the context of plea bargaining to achieve greater goals in the prosecution of the other bigger cases that are ongoing against Justice Sylvester Ngwuta among others.
“So, it is wicked and childish for anyone to allude undue colouration to an action taken in national interest and reduce it to a North/South thing with a view to confusing the discerning public. This is not the first time such process will be entered into in law, especially, so as the Administration of Criminal Justice Act 2015 allows plea bargaining in line with national interest.
“And as a way of precedence, there was a time in the history of this nation that the allegations against Sergeant Rogers, who was accused of killing Kudirat Abiola were stepped down for him to be used to testify against Major Hamza Al-Mustapha in the case between him and the Lagos state government over the killing of the wife of the acclaimed winner of the 1992 presidential election, late Chief M.K.O Abiola.”
On the sack of lead prosecutor in Ugwuta’s case, the minister’s spokesman said it was erroneous to believe that Adeogun-Philips withdrew on his own.
“Contrary to impressions given by Charles Adeogun-Philips, the lead prosecutor in the suit against Supreme Court Judge, Justice Sylvester Nwali Ngwuta in various reports suggesting that he withdrew from the case on his own volition, the National Prosecution Coordination Committee (NPCC) that engaged his services actually withdrew the fiat issued to him to prosecute the case over non disclosure of conflict of interest and for other sundry reasons.
“The reports in a section of the media last Friday that he left in protest due to last week Tuesday’s dropping of charges earlier instituted against the Chief Registrar of the Supreme Court, Ahmed Gambo Saleh and two other officials of the apex court, Muhammad Abdulrahman Sharif and Rilwanu Lawal which he is also handling for the Federal Government and withdrawn against his consent; cannot be relied upon,” he explained.
Isah further said, “It has now clearly shown now that, either corruption is fighting back or simply that some people want to be mischievous and to hoodwink and divert the estimation of Nigerians from the core issues at stake. None of them is talking of the unprofessional conduct of Charles Adeosun-Philips, who is handling a brief in an ongoing suit at the Federal High Court in Lagos against the Economic and Financial Crimes Commission (EFCC) which amounts to conflict of interest which he failed to disclose when being engaged.
“The suit in question involves First Bank Executive Director, Public Sector Accounts, Dauda Lawal, who is alleged to have laundered the sum of $40m into Sterling Bank on behalf of former Minister of Petroleum, Mrs. Diezani Allison-Madueke as part of the $153, 310, 000.00 she is alleged to have siphoned from the Nigerian National Petroleum Corporation (NNPC).
“The EFCC is currently prosecuting the case before the Honourable Justice Muslim Hassan of the Federal High Court, Lagos pursuant to Section 17 of the Advanced Fees Fraud and Other Related Offences Act No. 14 of 2006 as well as Section 44(2) of the 1999 Constitution of the Federation of Nigeria.”
Isah, who also heads the Communication and Public Affairs of the NPCC, also alleged that Charles Adeogun-Philips “has been exhibiting traits that are inimical and counter-productive to the interest of the National Prosecution Coordination Committee (NPCC) that engaged him. The report detailed how he visited a top security official at the Presidency to discuss his welfare issues using his engagement by the Committee as instrument.”
He insisted the sacked prosecutor was communicated through a letter titled, ‘Withdrawal of your name as a member of Team 16 of the National Prosecution Team handling charges No. FHC/ABJ/C/232/16-FRN vs. Sylvester N. Ngwuta’ dated 6th February, 2017 and signed by Sylvester O. Imhanobe, Esq, Special Assistant to the President on Research and Special Projects who also doubles as Secretary of the Committee.
“NPCC letter reads, ‘I regret to inform you that Abubakar Malami, SAN, the Honourable Attorney General of the Federation and Minister of Justice (HAGF) has withdrawn your membership of the National Prosecution Team.
“Consequently, you can no longer lead Team 16 engaged to prosecute the Charge No. FHC/ABJ/C/232/16-FRN vs. S.N. Ngwuta. Furthermore, the fiat issued to you in respect of the case you presently handle is withdrawn.
“The Chief Accountant confirmed to me that you have been paid first installment fees which cover services till the close of the prosecution’s case. Please return to me all properties of the Ministry/NPCC in your possession, if any. The HAGF also directed that I wish you well in all your future endeavour.”
According to him, Adeogun-Philips acknowledged receipt of the letter through an email message dated 8th February 2017 he sent to the Committee secretary and copied Mr. Muhammed Umar Etsu, the Director of Public Prosecution of the Federation (DPPF).
In the email, he said: ‘Your letter of 6 February 2017 is received with great relief. I wish you and/or your colleagues at the NPCC, success in the continued prosecution of your “high profile” cases. With my very best wishes”
Whistle-blower
Meanwhile, the whistle-blower policy of the federal government has started yielding fruit as it has so far led to the recovery of US$151 million and N8 billion looted funds, the Minister of Information and Culture, Alhaji Lai Mohammed, has said.
In a statement issued yesterday in Lagos, the minister said the looted funds, which did not include the $9.2 million in cash allegedly owned by a former Group Managing Director of the NNPC (which was also a dividend of the whistle-blower policy), were recovered from just three sources through whistle-blowers who gave actionable information to the office of the Minister of Justice and Attorney-General of the Federation.
According to the statement, the biggest amount of $136,676,600.51 was recovered from an account in a commercial bank, where the money was kept under an apparently fake account name, followed by N7 billion and $15 million from another person and N1billion from yet another.
”When we told Nigerians that there was a primitive and mindless looting of the national treasury under the last Administration, some people called us liars. Well, the whistle-blower policy is barely two months old and Nigerians have started feeling its impact, seeing how a few people squirreled away public funds.
“It is doubtful if any economy in the world will not feel the impact of such mind-boggling looting of the treasury as was experienced in Nigeria. Yet whatever has been recovered so far, including the $9.2 million by the EFCC, is just a tip of the iceberg”, Mohammed said.
He appealed to Nigerians with useful information on looted funds to continue providing the authorities with such, assuring that confidentiality will be maintained with regards to the source.
The minister also reminded Nigerians of the reward aspect of the policy, saying ”If there is a voluntary return of stolen or concealed public funds or assets on the account of the information provided, the whistle blower may be entitled to anywhere between 2.5% (minimum) and 5.0% (maximum) of the total amount recovered”.