Elrufail declared wanted?? why is dat?

http://www.punchontheweb.com/Articl.aspx?theartic=Art200812222203137

By John Alechenu and Olufemi Adeosun, Abuja
Published: Monday, 22 Dec 2008

The Economic and Financial Crimes Commission has declared the former Minister of the Federal Capital Territory, Mallam Nasir el-Rufai, wanted over an alleged N32bn fraud.
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Mallam Nasir el-Rufai

The EFCC, in a statement on Sunday by its Head, Media and Publicity, Mr. Femi Babafemi, said el-Rufai was wanted for abuse of office and misappropriation of public funds.

But one of his lawyers, Mr. A.U Mustapha, faulted the commission’s action, saying it was too early for him (el-Rufai) to be declared wanted for an arrest.

The anti-graft agency had summoned the former minister to appear before it on November 28 to shed light on the funds realised from the sale of some Federal Government properties in Abuja.

But, el-Rufai told the commission through his lawyer to send him questions online since he was abroad on legal studies.

The EFCC, however, rejected his request and gave him 14 days to make an appearance or be declared wanted. The deadline expired on Friday.

The statement by Babafemi said since el-Rufai had abused the privilege granted to him, the commission had no choice than to declare him wanted.

The statement reads, “The need to declare el- Rufai wanted became imperative following his failure to honour a simple invitation from the commission to respond to weighty allegations levelled against him in petitions being investigated by the commission.

“It will be recalled that the commission had written el- Rufai some weeks ago to appear before it on November 28, 2008.

“ Instead of honouring the invitation, he wrote back through his counsel asking the EFCC to send its questions to him. He had claimed then that he was writing an examination outside the country.

“This prompted the commission to grant him another three-week grace. But instead of seizing the opportunity to respond to the weighty allegations against him, he has resorted to a hide and seek game, and an appalling show of impunity on the pages of newspapers.”

But Mustapha in a statement on Sunday said since the former minister had filed a case in court, the EFCC was bound by law to respect legal process.

He added that el-Rufai had the right to enforce his fundamental human rights.

The statement which was made available to our correspondents on Sunday reads in part, “The case was filed for December 15, 2008 and service was effected on the EFCC the following day.

“ It was filed in line with the judicial decisions in Obeya Memorial Hospital versus AG of the Federation and Ojukwu versus Governor of Lagos State.”

Mustapha also said the claim by the EFCC that it was ignorant of the suit was false because he forwarded a letter on the matter to the commission’s Director of Operations, Mr. Tunde Ogunsakin.

He, therefore, requested the commission to stay action pending the determination of the suit.

El-Rufai had, through his lawyers, asked a Federal High Court in Abuja to restrain the EFCC from declaring him wanted, arresting, intimidating or harassing him pending the determination of the suit.

The Attorney-General of the Federation and Minister of Justice was joined as a party to the suit marked FHC/AB/CS/669/2008 .

He also prayed the court to set aside the letters of invitation addressed to him by the EFCC as part of an investigation into the allocation of land in the FCT during his tenure.

Besides, el-Rufai sought a declaration that the EFCC’s investigation of the allocation and revocation of land was “ultra vires and therefore illegal, unconstitutional, null and void.”

The former minister also asked the court to declare that any complaints or questions on the exercise of his powers as the then FCT minister could only be subject of interpretation in a court through civil proceedings.