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

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

No objection. Rule of Law at all time.

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

They will fail at the courts because the EFCC act only requires a Senate confirmation at the first instance not on re-appointment.

The AGF is simply quoting a law which he wished existed.

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.

Ibori does not come before Nigeria also

So I dont see why the President will have to replace the EFCC boss because he arrested Ibori a fortnight ago. That is simply criminal.

So I don't see why the President will have to replace the EFCC boss because he arrested Ibori

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.

wanna see it again??

McKren:

Ibori does not come before Nigeria also

So I don't see why the President will have to replace the EFCC boss because he arrested Ibori a fortnight ago. That is simply criminal.

Thats exactly what happened, the President of the federal republic of Nigeria thinks Ibori's interest if bigger than that of Nigeria.

Ibori has nothing to confess, every Nigerian knows he used part of his loot to finance Yaradua's election. So what is the cover up about. The President is weak, period!!!!!!!!!

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.

I really don't think this has anything to do with Ibori. For heavens sake, there are other more corrupt peeps on the prowl out there. If all the cases this Ribadoo guy's been handling since his ''re-selection'' did not follwo the rule of law, and due process, then, to hell with all the corruption files he left behind.

Radicalism and ''gragraism'' will not help cleanse this nation of corruption and corrupt people. I will like a situation where a thief is caught and made to see that he actually stole before all men. And selective justice is injustice and is criminal!

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.

who and who is the President re-uniting??

He simply told Nigerians where his loyalty lies

If Ribadu finally goes to Kuru this January, I will advise President Yaradua not to waste the time of Mohamed Uwais or any electoral reform committee for that matter because he will need a bigger fraud than the one that brought him to power to remain as President.


FYI: I am not suprised that it is your best decision by the President

I am not suprised that it is your best decision by the President

What do you mean, Mr. McKren?

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.

Afam:
It will be better to go way back to 1960.

What do you think?

Big B1:

Afam:
It will be better to go way back to 1960.

What do you think?

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.

I think that guys like BIG B1, Babasin and ONo has taken leave of their senses.

A thief is caught red handed and they started to look for excuse of rule of law and due process. What due process and rule of law make a single man steal N9 billion naira and have the audacity to argue appointment and re-appointment.  Even if thay were to be true it was not RIBADU that made that mistake and the proceedings were brought by EFCC and not RIBADU.

Clearly AGF is a sycophant and whatever is left of his credibility (as if he has one before) has now vanish into thing air.

Even and argue that mr. president himself is compromised the people he appointed has clearly demonstrate that he has no intention of fighting corruption or able to do so or willing to do so.

Now, I also hope that you guys know that the Chairman of THIS DAY and IBORI are good friends, and they have to sing IBORI praises. He (IBORI) must have look after them. The executhieves has some much money to make propaganda which is all they can do since they are caught live with their hands in the till.

Judges don't take the issue of bail lightly, it is one of the fundamental human right and if a Judge of the High Court refuses bails or set a stringent condition it indicates that there the evidence may be damming or fear of absonding or tampering with evidence by the accussed person.

RIBADU appointment and re-appointment is one of the best OBJ decision because he knew he is a fearless fighter and prepared to die for the cause he  believes in. Selective justice argument is a thief last resort defence and that can only be argued in Nigeria. What the Accussed should do  is to concentrate on his/her own innocence And if he has evidence of wrong doing by others to put it before EFCC, ICPC, The COURTS, NASS, THE PRESIDENCY and if all fails PUBLISH IT IN NEUTRAL NEWSPAPER. you know that argument is like that of a spouse caught in adultery and said I did it because my spouse is not performing well. That can only be mitigation and not to the facts of guilty.

Same way OBJ appoints MRs. Akinyuli to deal with fake drug people and we all know that by statics her own IGBO people are more into it and she already gave an interview how she got appointed by merits not because she or her family knew OBJ or some connection. What follows is that the fake drug baron attempted to kill her several times. such is life when you are doing well the enemy will make empty noises.

Once the AGF and the President make attempt to nullify any of the convicted cases( and I say attempt not actual carying out or succedded when they apply to court) let me assure you that AGF and Yar A'dull days are numbered.

Now, I know what Yar A'dull has been busy spending his 7 months to do to dismantle EFCC and fight against corruption because this RIBADU and EFCC is the least of our problems now.

There is power, transport network, NIger delta, and our oil refiniries that are not working those are the things he should declare emergency on and not fighting to save some hardcore Criminals. IT is a coincidence isn't that IGBINEDON ran out of the country on 29th May 2007 and since RIBADU is going to some phoney college he now have the audacity to come back.

And I am not surprised at Nigerians, Look at what happen to ALAMS he disguise to leave Britain and on arrival was been celebrated like a superstar without the boldness of RIBADU EFCC he would have gotten away with it. At least today is a common criminal with conviction and rightly so, he agree that he is a thief and he got a plea bargaining just to calm the issue of ND.

And he ALAM flew back in private jet and helicopter again received by ND like royalty and that got me thinking whether even ordinary Nigerians want to leave poverty behind them. The guy ALAM I heared that he went to DUBAI and started spend the remainder of his ill gotten wealth as if there is no tommorrow. He even recently celebrated his daughter wedding for 3 days and there are the usual suspect in attendance.

WHICH WAY NIGERIA?

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

kai nawa o, i tire for this country. It seems that democracy is the worst thing to ever happen to this country, look at the leaders using technicalities and rules in the constitution to protect themselves from being prosecuted. This country would never ever EVER progress, what a shame. If only we had a strong dictator who had the nigerian people at heart like the president of Singapore and Paul Kagame of Rwanda, heck even Jerry Rawlings won't be that bad.

No objection. Rule of Law at all time
@babasin, you really must have ties to this kleptomaniacs who rob our country and use selective justice.

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.

are you people listening to BigB??

for someone so crazy about 'doing things excellently and with perfection' he hasn't said a word about the messed up way these liars in power are trying to get Ribadu out of the way. . .talk about the Height of Hypocrisy.

I knew your double-faced nature would emerge after some time, when it concerned IBB and other looters, things should be done 'excellently' now when they are trying to circumvent the process its ok?

Why should any case he initiated be a 'nullity'?? Is Ribadu prosecuting in a personal capacity or as the EFCC? Its like saying every decision taken by military rulers (like the BIG THIEF AKA BIGB"S DAD IBB) are all a nullity? That means we effectively never implemented SAP, or joined OIC

That is the height of stupidity, these thieving criminals are just looking for ways to get themselves off the hook. . .IT WILL FAIL

I am 100% sure the courts will not nullify anything, the only risk is that a puppet installed at the EFCC may decide to withdraw prosecution of these cases.

If that happens, it will truly be very very sad.

Posted by debosky:

(like the BIG THIEF AKA BIGB"S DAD IBB)

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.

Big B1:

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

What is your stand on IBB as regards corruption?

What do you think should be done to him as regards looted funds?

Please, remember to be sincere in your responses.

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

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

This is simple!
First, I will not get myself involved in any selective or vindictive activities under every circumstance. I will be focused, determined, dedicated and very firmed. I will touch the lives of the very poor Nigerians, I will reshape and solidify the image and pride of Nigeria. My concentration on empowering the children, the future will be incompressible.

Solution to corruption in Nigeria:

I will put together a group of 50 independent delegates from everywhere in Nigeria, with substantial clearances. Their job is to identify each and every government official that stole from 1980 through 2007.
For a successful outcome, names of these individuals will be made confidential. How much each stole will also be determined.

Each individual will be privately contacted; based on how much individual stole, money to be returned back to Nigeria Federal Government will be determined. All identified corrupt individuals have an option to return specified amount of money with absolutely no question or face uncompromised punishment.
Deadline to return this specified amount of money will also be specified.

After the expiration of the deadline, all individual that cooperated will be pardoned immediately by the Federal Government; while the names of the rest that refused to cooperate will be revealed to the public and they will also be severely punished (eg. 20 years in federal prison and all their accumulated properties will be confiscated by the Federal Government).

Finally, our Constitution will be reviewed and revised.
From Oct 30, 2008,  any individual caught engaging in any corruption activities (regardless of the scale) will be executed at his or her home town.

I will also announce vigorously to the entire country that scapegoat is desperately needed.
Guys: That will be the end of corruption in Nigeria; and new Nigeria will be born in a very short period.
Then, we will all witness the real career dedicated politicians, while the business politicians/ business police men will dissolve one at a time

With love, Big B1

this is serious, Ibori is so strong a man,no wonder he's so confident. Heard he even bought air conditioner and generator in the prison!

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!

The current president is doesn't have enough strength of character to deliver the sort of governance Nigeria needs at this point, however likeable some of his attributes might be. In any serious government, this AGF would have been long dismissed.

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

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.

The fact that all of these are happening at this time is a clear indication that the entire government of President Yar'Adua is highly compromised. Regardless of what anyone will say, it can not be argued that the EFCC under Ribadu's Watch was doing a good job. like the lawyers are arguing, what is the need in reconfirming an appointment that had been confirmed in the first instance? Abi the AGF no bi lawyer?

don't be deceived - BigB is in support of the corrupt past leaders getting away with their loot, thats why he will 'contact them in private' instead of prosecuting. Going to ask an armed robber who killed your children to 'nicely' return the wealth? Of course I should've seen this coming, that way IBB remains clean and the egregious level of stealing remains unknown - but We already know BigB, stop trying to obfuscate.

He hides his obvious love for shadowing corrupt leaders under the guise of 'perfection and excellence' - which means, until you catch each and every other thief, do not touch his own preferred criminals at all.

People who are double faced like him believe IBB after all he stole has the 'magic' to help Nigeria (which he failed woefully to do before) because of the way they have benefitted from our collective loss.

They claimed perfection and excellence - when the government bungled up this purported removal of Ribadu, he was celebrating to the high heavens, no single word on the perfection or otherwise of the process.

You refused to quote that part of my post didn't you? Your deception is obvious to all, except those who are just meeting you.

I also suspect Yar'adua's government is compromised - Obj had his flaws, but we always could see him coming straight up, no games. Yar'adua on the other hand is showing he is weak and cannot set things straight in the PDP, he is dancing to corrupt politicians' tunes.

Nigeria I pray for thee - may things improve, but not with the likes of BigB sugarcoating death and expecting us to swallow. . .NEVER!

It didnt come as a surprise at all.

That was why he was stylishly dethroned!!!

It's a very sad development for this nascent democracy , very sad indeed