The suspended acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, yesterday pooh-poohed the purported interim report of the Judicial Commission of Inquiry on the agency, noting that it was prejudicial as he has not entered his defence and can, therefore, not be shaved in his absence.
Stating this through his counsel, Mr. Wahab Shittu, Magu stressed that more witnesses are still being lined up for testimony before the panel, cautioning that the act of sending out inconclusive proceedings as interim report is prejudicial to the proceedings of the panel.
The counsel’s statement began: “We wish to state with 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 Monday (today). Please, note that a similar story on Interim Report was brought to the attention of the panel and we were advised by the chairman of the panel to ignore the story.
“Our attitude is also to ignore this latest story as falsehood not reflecting the realities on ground. We all know that, in spite of repeated demands, our client has not been served with copies of allegations against him.
“We wish to confirm that the proceedings are still ongoing and my client is yet to present his defence.
“We are therefore, shocked at the suggestion that an interim report has been submitted to President Muhammadu Buhari. We all know that this is a democracy anchored on respect for the rule of law. Central to the rule of law is the element of fair hearing.
“Section 36(1) of 1999 Constitution (as amended) is explicit on this. It provides;
“In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.”
On the basis of the above, the former anti-graft chair pleaded with Nigerians, particularly, his critics, to hold their peace, and not prejudge him until after his defence.
The counsel’s statement continued: “We urge those bent on prejudicing the proceedings of the panel by planting false stories in the public space to think of the interest of our country and not prejudge our client whose commitment all along is service to the country.
“The only thing keeping our client going in spite of the desire of mischief makers to pitch him unfairly against the authorities is his conviction of his innocence.
“Please no one is entitled to condemn our innocent client before he is heard or before he is afforded the opportunity of defending himself on the merits,” adding that “the instrument embodying the Terms of Reference was not even served on my client until August 8, 2020 (35 clear days after proceedings has commenced).”
He further stressed as follows: “That the Honourable Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), whose memo triggered the proceedings, is yet to be summoned to testify to support the allegations against our client, as he who asserts must prove.
“That our client was excluded from the initial stages of the proceedings with several witnesses testifying in his absence.
“That counsel to our client was not allowed to cross-examine many of the witnesses who had testified until recently.
“That 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.”
- Pix: Ibrahim Magu, Former EFCC Chair