All Selectivity Cases Endorsed For Trial By Ribadu May Be Nullified

Cases endorsed for trial by Ribadu since his second term may be null and void - Presidency

Petitions currently before the Presidency allege that Ribadu’s re-appointment as the chairman of the EFCC was illegal and that all the cases he has endorsed for trial since his second term commenced may be null and void and the Presidency is contemplating ways of “addressing the issue”.

Presidency sources say that if any of the accused persons raise the issue of the legality of Ribadu’s tenure in court, it may lead to the collapse of the entire proceedings against them.

THISDAY newspapers had reported that the Attorney General of the Federation (AGF) had raised the issue of the legality of Ribadu’s reappointment by Obasanjo.

The AGF had noted that the appointment was not approved by the last Senate as required by Section 2 (3) of the EFCC Act which states: “The Chairman and members of the commission other than the ex-officio members shall be appointed by the President subject to the confirmation of the Senate.”

A source in the preseidency confirmed that the president was “deeply worried” that due process was not followed in the re-appointment of Ribadu and wants to rectify the situation based on the legal advice of the AGF.

“The situation on ground now is that there is no substansive EFCC chairman because of the development,” the source said. “However, because the EFCC has been very robust and determined in its anti-graft war, the president is trying to resolve the issue with the aim of building a proper institution that will last the distance.”

“The president has always vowed his full commitment to doing things the proper way, by following the rule of law and due process. In this case, it was not followed. Ribadu’s name was not sent to the Senate for confirmation as stipulated by the law, so his stay is vulnerable to legal action. The president is very worried about this development which has recently been drawn to his attention.

“If you look at it very well, the president sent the name of the chairman of Federal Inland Revenue Service (FIRS), to the Senate for re-confirmation after the expiration of her tenure. Why should Ribadu’s case be different? Things have to be done properly if our democracy is to be consolidated,”

“The issue of the illegality of Ribadu’s current tenure is the one that the president is really worried about,” “Since Ribadu is going to NIPSS, I don’t think he will be re-nominated for the EFCC job.”

However, legal experts disagreed with the AGF. Mr. Femi Falana, the President of the West Africa Bar Association said the AGF was only expressing his political opinion on the issue and not a legal viewpoint.

Citing Section 2 (3) of the EFCC Act, Mr. Femi Falana said a Senate confirmation is required only for the first four-year term of the chairman and members of the commission.

He argued that Section 3 (1) of the Act which deals with re-appointment does not have any provision for re-confirmation. Falana said "it is also settled in law that confirmation of appointment can be by conduct." "The present Senate has had cause to endorse the appointment of Ribadu when it rightly intervened in the embarrassing face-off between the AGF and EFCC. After a thorough debate, the Senate passed a resolution calling on President Yar'Adua to bring the face-off to an end."

He also said that after Ribadu's re-appointment, Ribadu appeared before the two chambers of the National Assembly to defend the EFCC budget pursuant to Section 33 of the EFCC Act and in September 2007, Ribadu presented the commission's annual report to the National Assembly as stipulated by law.

"Therefore, by relating with him in the last six months in the prosecution of the anti-graft war, the confirmation of the Senate cannot be questioned at this stage," Mr Falana said.

He also added that the matter had already been settled by the Court of Appeal in the case of OAU Vs Dr. Kola Onabanjo whose appointment was terminated by the University three months after the three years probation period on the ground that the appointment had not been confirmed.

The Appeal Court held that even though the university law stipulates confirmation in writing, since the university allowed the lecturer to teach students and receive salaries three months after the probation period, his appointment was deemed to have been confirmed.

Chief Gani Fawehinmi (SAN) said that the AGF's comment that Ribadu acted illegally as the chairman of EFCC prior to his “study leave”, only reveales his “shallow understanding” of the laws of the land.

The Chairman of Council of Industrial Lawyers, said it is regrettable that the AGF could make such a comment, which in his own words do "not portray Nigeria in good light." He added that the argument that Ribadu acted illegally because his re-appointment was not confirmed by the Senate was baseless, saying an appointment once confirmed does not require to be reconfirmed.

"All these don't portray Nigeria in good light. If the AGF is making such a statement, we should be asking him why he didn't say this when he just came to the office and when he said that the EFCC, ICPC and Code of Conduct of Bureau would merge. It appears that the government is looking for a way to justify the removal of Ribadu. The Senate does not need to re-confirm the appointment it had earlier confirmed unless there is another EFCC Act,” he said.

Another lawyer said the essence of a Senate confirmation is for the country to know about the nominees and this was done in 2003 for Ribadu when former President Olusegun Obasanjo reappointed him. The senate, if it had any reason to object to his reappointment, would have raised it then, he said.

 
http://ngex.com/news/public/newsinfo.php?nid=5695

What a thrash.  Why didn't these foolish and idiots tell us this before now and or before Ibori was arrested?  May the carriers  (and their supporters) of these insult to the intelligence of  Nigerians perish soon.  May their blood become a tea for the devil in earnest.  Amen

If it could be confirmed that all the endorsed cases are selective; yes, I think it will be right to nullify them all. But this doesn't mean that the new guy (Ribadu's replacement) will not revisit these cases; using new approach and putting Nigeria first, the way it should have been done.

This move will only set things straight and will benefit the fight against corruption in Nigeria enormously.
Please forget Ribadu; he's an incredible man, but he doesn't come before Nigeria.
Nigeria is a great country and our main focus should be uniting the nation and doing what is right the right way. Anything less should be immediately disabled.

Come on, my man.
You can do better than this sucker low blow to the president.

I think your posted statement is absolutely inaccurate. You sound like you're reaching desperately.

McKren is a smart man, his previous post doesn't speak well of him and it must be deleted immediately.

FYI: The president has made this decision simply to reunite the nation and start all over.
Retaining Ribadu is more or less retaining an expired failure.
A new establishment must be implemented and to accomplish this goal, we must make difficult decisions and during this process, many will cry and whine; but we must stay focused and never deviate.

Decision is decision; we must adjust and move on!

In my book, this is one of the best decisions President Yar'Adua has made in the past 7 months. We must give him credit and support.
We must also pay special attention to Ribadu's replacement and ensure that he's on the right track and remains there.

Well, let us hope that someone like Abubakar Umar gets the job and please can the EFCC be asked to probe financial crimes that were committed before 1985 so that we can recover some of the ill gotten wealth some of our leaders and rulers are still enjoying till today.

Knowing Abubakar Umar the likes of OBJ and IBB will not get any preferential treatment.

What do you mean, Mr. McKren?

I think you are right my friend. But the war would have destroyed a lot of the evidences for activities prior to 1967.

I like your comments when you are not defending IBB.

When did Rule of Law as a principle become so pertinent in Nigeria.

Did these thieves excercise the Rule of Law in their privileged positions in office. Now they want to manupulate this Rule of Law to
their advantage.

There is a Public Interest issue here.

I posit that it is in the interest of the Public that these cases should be prosecuted without delay, as Prima Facie they are as guilty as I am of womanising

my brothers in nairaland,help me to investigate where AGF studied law because this man has been potraying legal profession in a bad light.From all indications ,RIbadu had touched some untouchables and this  has not gone down well with Brother MIKE who feels that individual interest should be protected at the detriment of Nigeria as a nation.BABA YARADUA should be careful because he could be another Justice EGBO-EGBO OR JUSTICE NNAJI  who were learned men that rubbished the GOVT of BABA IYABO.May God deliver us from the hands of these "learned men" who have become laws themselves.

Posted by debosky:

Absolutely unnecessary and untrue!
You are one of the people that sabotaged my precious name on Nairaland today; but I promise you that Big B1 will never be intimidated by anybody, it's just not my style.

At the right time my good name will be restored and many will witness my sincerity in rebuilding this country.

This is my sincere answer and the single solution to corruption in Nigeria.

Question was:As the president, how would you resolve corruption problem in Nigeria?

So why will a new President by 2011 not choose a new date of 30th October 2012 afterwhich any corrupt person will be executed.

Meanwhile remember that the corrupt people in office right now have imunity till 2011.

And BigB1 will once again come out and ask Nigerians to move on and forget the past.

@labelle
why didnt you write something about the link?thats not too healthy,we should know what we are going to see when we get there!

McKren:
Under my regime, there is no such thing called immunity; I will introduce operation "catch and carry".

I bet you, Nigerians will understand my language, quick quick!

It is also very important to know that the Governors are not the only dirty fish in the sea. There are many invisible, no name government officials that are busy stealing as we all focus all our attention on just the governors.
That is another mistake!

Are you telling me that the deputy governors are clean?
I'm 110% sure that there are many dirty deputy governors out there, walking around freely spending our money.

This war must be balanced, it must be fought broadly not narrowly and not selectively; I'm sure that improvement will be witnessed in everything we do in Nigeria if we can just work together and welcome a new start.