From the time of his arrest to when he was eventually released, former Nigeria’s anti-corruption chief, Ibrahim Magu, consistently maintained that he is innocent of all the allegations levelled against him. BENJAMIN UMUTEME examines his defence and the entire narrative.
The now suspended acting chairman of Economic and Financial Crimes Commission (EFCC) Ibrahim Magu’s troubles started when the Attorney General of the Federation (AGF), Abubakar Malami petitioned the Presidency accusing him of various infraction and recommended that he be removed from heading the anti-corruption body.
In the petition, Malami sought Magu’s removal on grounds of insubordination, misconduct and diversion of recovered funds. The antigraft czar was also accused of disposing assets, especially buildings seized from corrupt politicians, public office holders and others without due approval or knowledge of the AGF’s office.
Not long after, he was arrested and brought before the Ayo Salami-led panel set up to investigate his activities at the agency. Subsequently, he was arrested and suspended from office after being detained for about 10 days.
AccusationsThere have been tons of petitions against Magu by some Nigerians. Notable among them were, Mike Ozekhome (SAN), Godwin Obla (SAN), who at one time was counsel to EFCC and former executive director of First Bank PLC, Dauda Lawal.
For instance, Obla said Magu ordered his detention and subsequent prosecution on trumped up charges.
Obla, who presented over 10 documents to the panel including his bill of charges, said he prosecuted 40 cases for the EFCCHe said all letters sent to the EFCC were ignored but the fee was never contested. Rather than pay his legal fees, he said Magu decided to level several allegations against him in order to discredit and deny him his due.
Magu’s positionIn all of this, Magu continues to say to all who care to listen that he is innocent of the allegations being leveled against him, as according to him, it was a case of ‘dog eats dog’.
“The allegations are merely trumped-up allegations to tarnish my image and that of the EFCC. I did not steal or divert or convert funds to private use. I read the allegations and I was shocked,” he maintained.
Inspite of maintaining his innocence, Magu sent 10 pertinent questions for Salami-led panel seeking to know why is the panel inviting suspects facing EFCC trial.
Some of the questions Magu sought anwers to include how a fact finding panel over allegations of corruption against him has now turned to a platform where certain individuals who have issues against the suspended EFCC boss are being invited to testify against him? “Has any witness testified that he or she gave xyz amount to Mr Magu in order to compromise cases before him?; Is it that the Salami-led panel is yet to serve and confront Mr Magu with all the allegations against him and what are the terms of reference of the panel?”
Question marks report
According to Blueprint investigation, the interim report made public by the panel has not gone down well with many especially Magu. According to his lawyer, Wahab Shittu, the report is one sided as it did not hear from his client.
Shittu described the report as a false story being orchestrated in the public space, contrary to the stage of ongoing proceedings before the panel. He decried the piecemeal release of the interim in the media.
According to him “We wish to state with a high sense of responsibility that our client is yet to formally present his defence. Proceedings are ongoing and witnesses are still lined up for next week beginning from today Monday.Shittu stated that in spite of repeated demands, Magu had not been served with copies of allegations against him, adding that the instrument embodying the terms of reference was not served on his client until August 8, 35 days after proceedings had commenced.
He stated further that the Attorney-General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami, whose memo triggered the proceedings is yet to be summoned to testify to support the allegations against Magu, adding that, “He who asserts must prove.”
According to Shittu, Magu was excluded from the initial stages of the proceedings by the panel with several witnesses testifying in his absence, adding that he (Shittu) was not allowed to cross-examine many of the witnesses who had testified until recently.
“Our client is yet to be granted access to petitions/ presentations, case files and exhibits admitted in the proceedings. Please note that we have written to the panel to that effect. Our client was accosted on the street and compulsorily requested to appear immediately before the panel without the opportunity to access documents to adequately prepare his defence.“That our client, owing to his suspension from office, is unable to have access to official documents and other information necessary for his defence.
“That cases pending before superior courts of records such as the Federal High Court, Court of Appeal and the Supreme Court is being reviewed in the proceedings.
“We believe that this development is subjudice and unhealthy for our jurisprudence.
“That witnessed appearing before the panel has not sworn to an oath before giving evidence as stipulated under the Tribunals of Inquiry Act 2004 on whose authority the instrument setting up the judicial commission of inquiry is derived,” Magu’s counsel stated.
Shittu further said it was curious and worrisome that an administrative panel of the inquiry headed by Justice Salami, having sat and taken evidence, both oral and documentary in the past one month, suddenly metamorphosed into a judicial commission of inquiry.
“I recall Pastor Omale appearing before the panel to confirm openly that none of the transfers into the church’s accounts emanated from Magu and that Magu never donated to his personal or church account.“It is also instructive to note that no character by the name Shanono ever appeared before the judicial commission of inquiry. The purveyors of this fake news may assume they are destroying the sterling image of Magu, but I have news for them. Majority of Nigerians cannot be fooled,” he stated.
Nigerians will have to wait for another 45 days to know whether allegations against Magu are true or not.
