VIVIAN OKEJEME, in this write up looks at the judgments that recently emanated from various court in the country, vindicating persons accused of corruption by the anti-graft agencies
Last week, the anti-corruption crusade in the country by the present administration, faced a major test with various courts across the country, giving their verdicts in favour of those accused of corruption with all the judgements delivered within 72 hours. With these court decisions, the questions on the lips of many Nigerians have been “what manner of anti-corruption crusade do we have in this country where four accused persons charged to court were given clean bill of health in less than three days?”
First, it was a senior advocate, Chief Mike Ozekhome, whose account was frozen by the Economic and Financial Crimes Commission, EFCC. He challenged EFCC action at a Federal High court in Lagos and the court ordered the commission to unfreeze the account on April 4th, 2017.
Th e money was said to be part of the N2.26 billion arms procurement fund allegedly looted by former National Security Adviser, Col. Sambo Dasuki(rtd.) given to Ozekhome by Governor Ayo Fayose as a legal fee. On that same day, an Abuja High Court discharged and acquitted former minister of Niger-Delta Affairs, Elder Godsday Orubebe after the charges against him were withdrawn by the federal government. Th e government, in withdrawing the charges, said it realised that the money for which Orubebe was being charged was still intact.
Shortly before Orubebe was discharged and acquitted, the federal government, after the defendants were arraigned, the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, in a letter to Chairman of the ICPC, with Ref No. DPPA/MNDA/345/16, confi rmed that the N1, 965,576,153.46, which Orubebe allegedly diverted, “has not been expended, but awaiting further contract decisions and directives from the Ministry of Niger-Delta Aff airs.”
According to the AGF in the letter dated December 16, 2016, and signed by the Director of Public Prosecution of the Federation, Mr. Mohammed U. E, “in view of the above, the basis for the prosecution of the accused persons for misappropriation does not exist and thus, further prosecution cannot be justifi ed.” About a day after Ozekhome and Orubebe were given clean bill of health, it was the turn of a troubled FHC judge, Justice Adeniyi Ademola, his wife, Olabowale and a senior advocate, Mr. Joe Agi, who were set free by Justice Jude Okeke also of a High Court of the Federal Capital Territory. Justice Ademola’s house was raided on October 8, 2016 by operatives of the Directorate of State Services and was detained for alleged corruption.
He was subsequently charged to court with two others. Th ey were however discharged and acquitted by the court after the court ruled on their no case submission.
In dismissing the charges against Justice Ademola and others, Justice Okeke, on count 10 which has to do with the recovery of monies in about four diff erent currencies in Ademola’s house, the court held that the evidence of the prosecution witness does not show that the money mentioned in the count was received by the judge illegally.
“Th e prosecution witness had inter alia, said that no complaints as to such money were received. He also admitted that judges who travel abroad can be paid in foreign currency. No evidence to show that the money is gratification.
The prosecution witness admitted that estacode are paid to judges in foreign currency. And they can convert it to any currency they want. “A judge can change the currency or keep it at home. Th e prosecution contradicted itself in the evidence given. Nothing remains for the fi rst defendant to prove. No reasonable tribunal will ask the defendant to put up defense on this count. It is therefore struck out the defendant discharged.” On count 11 and 12 which deal with transfer of N85million and N90million to one Dan Parker account and same alleged to be illegal proceed, Justice Okeke held that by the allegation of the prosecution, the fi rst defendant spent money above his income.
“There is nothing showing that the transfer was illegal. Th e prosecution witness had admitted inter alia that the proceeds were from the sales of property belonging to Justice Ademola’s grandfather.
Prosecution Witness did not testify to any illegality. “Witness also admitted that estacode paid to judge is his money and they are obtained in dollars. Investment by a judge cannot be included in the pay roll. Witness agreed that the judge had been in active practice of law before becoming a judge.
It is not out of place to benefi t from the inheritances of the father.” On Count 13 which alleged request for N25 million gratifi cations from one Sanni Teidi, the court noted that it is the duty is on the prosecution to prove that it is the judge and no one else that requested for the said gratifi cation. “Th e law does not talk about an agent. The witness did not mention Justice Ademola’s name but one Kingsley O. None of them showed any extra judicial contact with them. Th e prosecution has not proven a prima facie evidence. Th e prosecution became more hopeless because they did not prove that Kingsley O. was acting for the judge.
Th e court cannot act on that. Prosecution failed to establish prima facie case. Th e count is hereby dismissed and the defendant discharged,” the judge ruled. Based on the same reasoning, the court struck out counts 16, 17 and 18.
Also, a day after Justice Ademola and others were set free, former First Lady, Dame Patience Jonathan also secured a major victory against the EFCC, when a FHC in Lagos, ordered the anti-graft agency to defreeze her account which had been frozen for some months over allegation of corrupt enrichment.
Some lawyers have however queried the manner of anti-corruption crusade the government is pursuing. Th ey said the government needs to do more and employ order strategy to fi ght corruption in order not to be seen as witchunting opposition politicians and concerned Nigerians. A lawyer, Topclas Nwoboga, praised the government for its eff ort in combating corruption in the country. “I want to say that I give my heart for this government for the courage with which it has displayed in the fi ght against corruption in the country.
Th e truth is that some of those we see as ‘untouchables’ in this country have been arrested and are standing trial. “However, they need to be thorough in their investigation so that we will not see a repeat of what happened last week where four judgements were in favour of accused persons in less that 72hours”, he said.
Ozekhome, in his own reaction described the anti-corruption fi ght as an obviously laughable and anti-climax after all the “gra gra”, grand standing, posturing, rabble rousing and wanton degradation of the judiciary by government. “This discharge after the horrific humiliation of Justice Ademola whose home was savagely invaded by rampaging, masked and hooded DSS operatives, between the ungodly and unholy hours of 12 midnight to 5am, windows and doors were bestially broken down and the Judge whisked off like a common criminal inside a pick up van. We were told to shut up, not to complain, because the government was fi ghting the monster called corruption. “Never mind that the inner corridors and dark recesses of the same government reek and stink of putrid and horrendous corruption with the very government rising up on each occasion to defend its corrupt offi cials. “Th is is a case of wanting to sweep your neighbour’s house clean when your own house is dirty and stinking.
Th is is a clear case of attempting to remove the mole from your neighbour’s eye when a log is embedded in yours. “Justice Ademola was forced to abdicate his judicial functions.
It was argued by the anti- corruption revisionists and tyrannical dictators, led by the never accountable Presidential Anti-Corruption Advisory Committee (that has since usurped the powers of the Attorney General of the Federation under section 174 of the 1999 Constitution), and who are using the anti corruption mantra to settle scores and overwhelm and suff ocate opposition, dissenting voices and critical segments of the society, that the DSS could never err. Th ey stood logic on its head, bastardized the Constitution and our corpus juris. “They even extended DSS’s internal security functions to include fighting corruption, if need be, in our matrimonial bedrooms and breaking down houses of suspects who did not even resist arrest. Justice Ademola ‘s wife was promptly sacked as Head of Service of Lagos state government. They were convicted and punished them unheard.
“Even God Himself, being ever so omniscient and omnipotent, did not do that to Adam and Eve in the Garden of Eden, notwithstanding that He had already seen them committing the off ence of eating of the forbidden fruit.
He still gave them a fair hearing before punishing them. Justice Ademola and other judges of the Supreme Court were tried and convicted in the media by the DSS and EFCC and adjudged guilty in the Court of public opinion, even without trial,” he posited. With this, the government must stand up to restrategise and try guide against issues raise by Ozhekome and other stakeholders. Certainly, justice must always take its course.
