It is doubtful if the Federal Attorney General, Michael Aondoakaa, will not mess up the Yar Adua government with the kind of moves he has been making against EFCC since his appointment. Please read the attached story.


http://www.saharareporters.com/www/report/detail/?id=402



Just saw this other article this morning and felt I should add it to the first one.



http://www.nigeriavillagesquare.com/articles/reuben-abati/yaradua-the-attorney-general-and-the.html

The Attorney General is the chosen hit man of the administration - I doubt very much that he is doing all this without
Yar Adua's nod. Any attempt to weaken the EFCC will utlimately result in another failed administration, you can't fight
corruption by mouth only. The country is a joke!

Aondoakaa.
What a corrupt name full of vowels.
This guy is not of any good to the nation.
He should be sent to jail.
Yar' adua should get rid of him before he wreacks havoc on his government.

The AGF is doing his job. Yar'Adua believe in the rule of law and the constitution should be followed strictly, no matter the flaws.
If Abia high court should ruled that Orji Uzor Kalu should not be arrested, why not challenge the ruling 1st before arresting him.

EFCC to the best of my knowledge is doing good work, but it must be done with the law, by obeying court order.

With this new administration arrested citizens are now arraigned within 48 hours of arrest, compared to last administration. So I do not think that AGF is doing badly.

Rule of law need to be obey no matter how good the intention is. for e'g naira denomination was suspended because due process was not followed. Those of you that are calling AGF names are leaving outside this country. Can EFCC behave this way if they are in US or UK for instance.

@ Saintchux

Try and read this write-up by Femi Falana on this same issue vis-a-vis the AGF's purported rule of law

http://www.saharareporters.com/www/news/detail/?id=404

The AGF is doing his job. Yar'Adua believe in the rule of law and the constitution should be followed strictly, no matter the flaws.
If Abia high court should ruled that Orji Uzor Kalu should not be arrested, why not challenge the ruling 1st before arresting him.

Great, since we are harping on "rule of law" so much, Yar Adua need to resign immediately as
the process that brought him to office did not follow the rule of law, he has acknowledged so
himself. In that same regard, the appointment of the AGF is null & void for the same reason
given earlier for Yar Adua, no? Where and when does rule of law begins? Who gets to choose
when its in the best interest of the country?

Is the EFCC crossing "t's" and dotting "i's" more important than bringing these looters to justice?
Is the AGF not aware that the same Kalu we are talking about had recently asked the court to
permit him travel to the US for a life threating surgery that his wife was about to undergo most especially when he being the next of kin has to sign off on that? Was the AGF not aware that
this was completely false and an attempt for Kalu to become a fugitive?

At the rate we are going and if unchecked, the AGF may ultimately achieve his aim of de-fanging
the EFCC as every dick and harry may get an order "immunizing" them from arrests before they
begin the actual act of looting. Maybe if they loot enough, there might not even be enough money
left to fund the court systems, but hey, it will still be okay as we are all about the rule of law. . .

Sorry for Nigeria

Only last month this same AGF was telling us how the FG will have difficulties implementing court orders intending to remove a Governor that is hastily reached.  God knows why the "rule of law will not be obeyed on this occassion" (I guess he holds that position because it is in the interest of the rich).
And God knows which court orders are hasty and which are not.

Orji Kalu is practically re-writing the 1999 Constitution through the back door by giving immunity from arrest and prosecution to himself an EX-Governor when the actual 1999 constitution only gives immunity to sitting Governors. I can only be ashamed that our Attorney General prefers to uphold that though not suprised as I will not expect anything else from a man who spent the last 4years defending those who have been on the wrong side of the war against corruption.

Micheal Aondoakaa may find 1001 legal backings for his actions but he is still not doing his job and I have no doubt in mind that one day this reality will steer us all in the face and Micheal will have to explain his countribution to history.
The Constitution demands that the AGF should at all times act "in the interest of the public" and someday he will explain to us if in a country like Nigeria where there are poor road networks, poor electricity, poor schools, poor hospitals etc. as a result of corruption what is more in the interest of the public is to bury the Anti-Corruption war in bureaucracy or to the support it to yield positive results.

Finally I believe as long as Micheal Aondoakaa is in President Yaradua's cabinet he is simply the President's hatchet man and thus doing his dirty jobs.

I will personally not take Yaradua seriously until Micheal Aondoakaa goes, and I also agree with Femi Falana who says President Yaradua should kindly and openly drop all charges against his colleagues than playing on the intelligence of Nigerians.

McKren:

The Constitution demands that the AGF should at all times act "in the interest of the public" and someday he will explain to us if in a country like Nigeria where there are poor road networks, poor electricity, poor schools, poor hospitals etc. as a result of corruption what is more in the interest of the public is to bury the Anti-Corruption war in bureaucracy or to the support it to yield positive results.

If EFCC is doing their work in the right way, why have they not arrested all those involved in putting our road network, hospitals, schools and electricity in their poor state. Oviously i do not know who is fulling who in Nigeria. Orji is corrupt and so is OBJ(fed rd in bad condition, electricity at its worst) and other state governors(respective state rds in bad condition) why then are they still free in nigerian when all of them are suppose to be behind bars, for awarding contracts that was not executed yet the contractors were paid. We keep on contracdicting ourselves every now and then.

If EFCC is doing their work in the right way, why have they not arrested all those involved in putting our road network, hospitals, schools and electricity in their poor state. Oviously i do not know who is fulling who in Nigeria. Orji is corrupt and so is OBJ(fed rd in bad condition, electricity at its worst) and other state governors(respective state rds in bad condition) why then are they still free in nigerian when all of them are suppose to be behind bars, for awarding contracts that was not executed yet the contractors were paid. We keep on contracdicting ourselves every now and then.

So what's your point? That since OBJ and his closest friends are not arrested the EFCC should cease
work? If that's the case, then let the AGF come out and say so publicly instead of this rule of law crap
that is being spat all over place.

Washington Hails Yar’Adua On Rule Of Law
Mon, 10 Sep 2007 22:11:00
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Article by:
By Chinedu Offor,Correspondent,Washington DC 









United States of American government has commended President Umaru Yar'Adua for his efforts to enthrone the rule of law as a cardinal principle of his government.

Washington described recent decisions by Yar'Adua on the on-going investigations and trials by some agencies, including the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), as "bold and in-line with international principles of justice and fairness".

In a statement, the Justice Department also said the recent directive giving the Attorney General of the Federation oversight responsibilities over the EFCC would remove any "seemingly contradiction of an investigative agency having the powers to detain and prosecute at the same time".

It said under the new structure, the EFCC would achieve greater success by concentrating mainly on investigations of financial crimes.

"We are impressed with the achievements of the EFCC and support its crackdown on all kinds of graft and official corruption, but its actions and mandate must be within the constitution and rule of law", an official told Daily Independent in Washington.

The department also supported the decision of the attorney general to obey the court order against the arrest and trial of former Abia State Governor, Orji Uzor Kalu.

Please which White House official said this??
This newspaper will not say

Shame on Nigeria, playing politics and propaganda with the future of Nigeria.

Yaradua should be bold enough to state clearly that war on corruption is not in his agenda.

AGF Takes Over Alams’ Case
Posted by admin on 2007/9/11 15:21:28 (31 reads)
By Nnamdi Felix /Abuja

The plan by the Attorney General of the Federation and Minister of Justice to take over the prosecution of embattled former governors standing trial in different courts on charges levelled against them by the Economic and Financial Crimes Commission (EFCC) this morning moved over to the Code of Conduct Tribunal.

At the resumed trial of Alamieyeseigha at the Code of Conduct Tribunal, the Attorney General, represented by Salihu Aliyu, the Director of Public Prosecution leading a team of five lawyers from the Attorney General’s office, took over the prosecution of Alamieyeseigha from Thompson Olatigbe who had been handling the matter since its commencement at the Code of Conduct Tribunal.

At today’s proceedings, Alamieyeseigha was conspicuously absent. This provoked the presiding judge, Justice Constance Momoh, who remarked that she is aware that Alams is hale and hearty and now in the country, having attended a reception party oganised for him in Bayelsa State.

Counsel to former Governor Alams, Mrs. M. Nomwhange, informed the tribunal that she is yet to be properly briefed by the former governor.

The Attorney General requested for time to enable him familiarise himself with the details of the matter.

The matter was thereafter adjourned till 30 October for further hearing.

nigeriamasterweb.com

Their can only be one reason for this, your guess is ass good as mine.

Alams knew why he was so confident celebrating and forgiving those he was meant to plead with.

Shame on Nigeria.

AGF is part of the government and should support the government 100%. such a ridiculous statement from the number1 law officer is detrimental to this government that appoints him for the nation. you don't go out exposing all your dirty laundry to the open world

It's time to get rid of this mad man.

I will soon withdraw my support for this government if this
man of many vowels continues as the "chief law enforcement
officer", or what the h**l does he call himself.

http://www.leadershipnigeria.com/product_info.php?products_id=12860

Alamieyeseigha’s Trial:Conduct Tribunal Bashes FG,


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The Code of Conduct Tribunal in Abuja on Tuesday accused the federal government of telling cock and bull story over the health condition of former Bayelsa State governor,Diepreye Alamieyeseigha who is standing trial over false declaration of assets and operation of foreign accounts.
The tribunal chairman,Justice Constance Momoh who flared up over government’s position that Alamieyeseigha’s health was ‘shaky,’ told the director of public prosecution, Salihu Halilu outrightly that the attorney general’s office should withdraw the matter if it has compromised on the case.

Details later.

we are saying the same thing, but differ only in voice

Iyke-D:

So what's your point? That since OBJ and his closest friends are not arrested the EFCC should cease
work? If that's the case, then let the AGF come out and say so publicly instead of this rule of law crap
that is being spat all over place.

Have you forgotten that when something is done anyhow its never done well. Yaradua was selected as our president so what do u expect. If he is sincere to fight corruption in Nigeria he will start from himself, then those that imposed him on all of us(OBJ and Co). If that is not done my brother we will be writting till eternity and beleive me his administration will going from one problem t another until he finish his tenure. EFCC is not but a tool being used by OBJ beleive it or not. How can AGF come out and say so, have u forgotten the word DIPLOMACY that is what they are using but you refused to understand.

Have you forgotten that when something is done anyhow its never done well. Yaradua was selected as our president so what do u expect. If he is sincere to fight corruption in Nigeria he will start from himself, then those that imposed him on all of us(OBJ and Co). If that is not done my brother we will be writting till eternity and beleive me his administration will going from one problem t another until he finish his tenure. EFCC is not but a tool being used by OBJ beleive it or not. How can AGF come out and say so, have u forgotten the word DIPLOMACY that is what they are using but you refused to understand.

Oh - and I suppose it was OBJ's and the EFCC's fault that the respective state's treasuries were looted.
I know, its that failed 3rd term bid. . . I am not sure if I understand you, but are you saying that Yar Adua had no real intention of fighting corruption?

Presido types like Chidicris: guess what they have in common?

Ability to make too many points within a short statement with some points contradicting others and some other points out of context.

Concerning Abia High Court's ruling on Orji Uzo. What does the law say about jurisdiction? Does Abia High Court interpret the laws for Abia state or Nigeria. So the judge political jobber who gave that verdict did not know anything about ultra vires or intra vires of the power granted to the court by the constitution. This case is Orji Kalu Vs Nigeria which is ultra vires of that paid judge in Abia State.

Iyke - D,
i like your points and i do hope u will be a good listener.
in the first place, yar adua came to power through the wrong means, then the next question will be by who? and we all know the answer-obj. if my answer is the same with urs then he (obj) is corrupt and to the the highest order.
let us be realistic here, i have not come across anyone saying let kalu or anyother leader go away with his loots but what we are saying is we have 36 states which means 36 govs or more so why is kalu's case the most important thing in nigeria?
we had a lot of federal contracts that run into billions paid for and were not attended to till date yet we over look them and talk about kalu and 3 billion belonging to the same state where the court has ordered that he shld not be arrested.
my brother, are u aware of the revenues of states like lagos and rivers among others? what new projects took place to justify the use of these funds in the past eight years?
we all witnessed the drama of atiku who confessed to a crime and named his partners in the crime but what is his situation till date? may i remind you that pdp is still finding a way to make peace with him in other to bring him back to pdp and thereby let go all those issues.
it calls for suspicion here that abia state which is a meager part of nigeria has overtaken all our insecurities, bad roads, lack of power supply, poor education, lack of medical facilities and above all the day light robery of the citizenry of their voting rights.
what is the moral back up of leaving the constitution of nigeria to follow the dictates of Nuhu Ribadu? we are surposed to be giant of africa but how come the wisdom of a man is overtaking the nation overnight and to worsen it all we are all aware of the invincible hands of support from the self aclaimed messaih of nigeria.
one has no other reason for all these mess apart from the fact that the young man is an outspoken type and had in the past pointed accusing fingers to all the killers in pdp and they are out to mess him up.
if we call kalu corrupt, what name are we going to give the man caught in usa over money laundary via presidential jet? remember ribadu called that a civil case, is that not madness?
what name are we calling the man who over threw an elected gov and held the whole state to ramsome and went as far as confessing to rigging a state election? remember he was rewarded with the position of board of trustee-pdp
what name are we going to call the hitman in oyo who obj has confirmed too old to be reformed? have u heard such in your life? the man who has right to own inec machines.
what attention are we giving to a president who told his fellowers that an election will be a do or die affair? no wonder our roads are full of robbers operating with mega machines as an after effect of election thugry a situation which have brought our security agents below abilities of the robbers no wonder robery incidents can last on an express way for 3-5 hours without any form of intruption.
nigeria is a joke. alams was impeached under a heavy waiting security agents of efcc which means pre-arranged. his impeachment saw goodluck in and further ascend to vp what a shamble? nollywood has been reduced by the pdp dramas.
we are surposed to be sick of kalu this, kalu that. it is obvious that nothing will happen to madam speaker for her n628 million renovation project in a country where there is no light, no roads, no national airline, no nothing.
how come vessels siezed by gov will vanish overnight maybe we will ask our honourable criminal kalu for he the only man we know.
i am from imo state and do not have anything in common with kalu but his case i know has nothing to be compared to things that are happening in nigeria.
a real war on corruption will start from aso rock and that will send a signal to the other minors because we all know that action speaks lauder than Ribdu's words.
we all know that an efcc touch on one of the big wigs will surely take us to the promise land that is if for sure we want to be there. kalu and tauraki can never be our problems as ribadu has left the objects for shadows and that is just his decieving tactice designed to allow obj and his partners to digest their loots.
how come abacha was probed and ibb is a decission maker? that is Bleep

Well said, Chidichris, well said. This is really sickening. Nigeria we hail thee.

McKren:

Presido types like Chidicris: guess what they have in common?
Ability to make too many points within a short statement with some points contradicting others and some other points out of context.

I beleive i see things in the same way that chidicris sees it and that is the only way a right thinking Nigerian will see it. Kalu's case is not a Nigerian case rather a state case. I am not standing for anybody because all their mess in Nigeria affects all of us(Chidicris, mamajama, Afam, mcren, presido). What am saying is if we are claiming of fighting corruption let us fight it and get everybody involved in coruption to justice. Our last election was an epitome of corruption but the corruption fighters have not said a single word about it. What have they done about Chris Uba, Andy Uba, Atiku(Fed corruption which effects all of us) Touraki, Adedebu,Ehidaro, and others, why is kalus case so important that Ribadu wants to put his head to jail him. My brothers it will come to nothing as they all know themselves and know what they all do and what is that they all know and do[b] CORRUPTION[/b]. Mcren you leave in Wolves, do anybody in your neighbourhood use Generator to generate electricity, have you ever seen a pot hole in any of the road network in wolves, have you ever complained of no running water were u leave. i beleive the ansa is capital NO. Whos duty is it to provide these aminities to the citizen in a Fed system of Govt, please ansa these and why are all these lacking in your home country your input is needed as well. Ok you are from Imo state and so do I, is our state more organised than Abia, is our former Gorv not corrupt, he is from the same local govt with me beleive me or not he did nothing compared to amount of federal Allocation he gets monthly.(They should bring all of them to justice(OBJ and Atiku included) so that the present once will sit up.
Is kalu responsible for federal pension that has remain unpaid for years, do you like the suffering of those pensioners maybe yes thats why your OBJ is a saint. He is and did impose a saint on us as well and you are now complaining of Yaradua and EFCC. 

The bottom line is we will remain stagnant as a nation if we choose this direction we are going.

EFCC apologises to Attorney-General over Kalu
Lanre Adewole, Abuja - 12.09.2007

The Economic and Financial Crimes Commission (EFCC) has finally conceded superiority to the Attorney General of the Federation and Minister of Justice, Chief Michael Aondoakaa (SAN), as it reportedly tendered an apology on their face-off over the trial of former Abia State governor, Orji Uzor Kalu, for corruption.


The minister had written to the commission demanding an apology, following an attempt by a private lawyer engaged by the commission to stop the Director of Public Prosecution of the Federation, Mr. Salihu Aliyu, from announcing his appearance in an application filed by Kalu, wherein the Federal Government was the sole respondent.


The demand from the minister was earlier spurned by the commission, leading to an altercation between the two institutions.


However, while launching the Rule of Law Initiate of the present administration in his office in Abuja on Tuesday, the Attorney General revealed that the commission had finally eaten the humble pie and had come to him with an informal apology. He was however, silent on the harbinger of the apology. According to him, “if somebody comes to you and explained himself over an issue to the effect that the lawyer in question went beyond his brief and that he acted in error, I consider that as an apology.”


“The EFCC blamed the situation to communication gap and I honestly understand with them. It is not a personal thing between the commission and myself. I have buried the issue which is not significant to distract my official duties.”


“Their explanation satisfied all we needed”. Reacting to criticism trailing his brand of “rule of law agenda” which was said to have been tailored to weaken the anti-corruption agencies, Andoakaa explained that contrary to this, his directives on the modalities of trial for alleged criminal offences, “were meant to strengthen not cripple the anti-graft agencies”. We are insisting that any one arrested by the anti-graft agencies must be taken to court within 48 hours in compliance with the rule of law programmes of the President Umar Musa Yar’Adua administration” he stated.

Another exit strategy, EFCC appologised God knows how a Minister who wrote letter to EFCC copy copy the Media demanding appology, will accept a covert Oral apology that was not broadcast in the media. If EFCC deems it fit to appologise to Micheal Aondoakaa I dont think we should be hearing it from the Justice Minister himself, the agency would have done it publicly.
Who is fooling who? Micheal Aondoakaa should be man enough to appologise to EFCC and Nigerians if they still want to fight corruption or better still alongside the President grant amnesty to all ex-looters.

,

Massacre in Ibadan, 40 killed, many injured - They’re protesting over feeding - Prison Controller

By Tope Abiola and Qudirat Hakeem-Apanpa - 12.09.2007

NO fewer than 40 prison inmates were killed and several others critically wounded by officials of the Nigerian Prison Service (NPS), Agodi, Ibadan, following protests over feeding and medication, leading to an attempted jail-break.

However, while unofficial police sources said 40 inmates were killed, some eyewitnesses put the death toll at about 200.

One of those killed in the mayhem, according to sources, is a notorious armed robber known as Sopona who is well known for his fondness for charms. He was reported to have led the revolt.

He was said to have been arrested a year ago and was awaiting trial before he was killed on Tuesday.

Agodi Prisons, built for 500 inmates, the Nigerian Tribune gathered, has 680 inmates made up of 619 awaiting trial persons and 61 convicts.

The inmates, the Nigerian Tribune gathered, had since last week been protesting against poor feeding and lack of medication but could not have any assistance from the state command of the NPS.

The state Controller of Prisons, Mrs. Mauren Omeli, according to the News Agency of Nigeria (NAN), also confirmed, while conducting journalists round the vandalised cells and other parts of the prison, that the inmates were protesting over feeding.

She said the inmates also alleged that at the weekend, one of them died after being rushed to the hospital.

Omeli said the inmates claimed that the death of one of them was as a result of lack of medical attention.

She said the riot that led to the attempted jail-break started at about 6 a.m. at the cell, where awaiting trial inmates were kept.

Omeli said that trouble started when prison officials, who opened the cell to count the inmates before handing over to other officials, were overpowered.

The controller said the inmates, armed with weapons, held the officials hostage for an hour before the police intervened.

“From preliminary reports, the inmates believed there was inadequate medical care for them.

“They thought one of them, who was hospitalised at the weekend, was dead and that was why they revolted this morning and damaged property and attempted to escape after overpowering the officials,” she said.

But for the prompt intervention of policemen, the situation at the prison on Tuesday would have been worse.

Immediately after being informed of the development, the trio of Assistant Commissioners of Police, Agodi command, Michael Otitoju; Operations, Sola David; and Criminal Investigation Department, Taiwo Lakanu, led policemen to the scene to put the situation under control.

Speaking during a visit to the prison, the Commissioner of Police, Mr. Udom Ekpoudom, said “there was an attempted jail-break and the police were invited and we stopped it.

“If they had escaped, the prison authorities and police would have been in trouble.”

Issues like prison conditions and the likes are some of what one will expect to be atop of the agenda of the reformist "Chief Law officer",
but alas, its the "heavy handed" EFCC that seems to matter the most. I am still waiting for a press conference from the AGF, at least you
will think if about 40 inmates were massacred while attempting to escape, something must really be wrong with the system, right? Did the
rights of these inmates matter to the AGF at all?

McKren:

Another exit strategy, EFCC appologised God knows how a Minister who wrote letter to EFCC copy copy the Media demanding appology, will accept a covert Oral apology that was not broadcast in the media. If EFCC deems it fit to appologise to Micheal Aondoakaa I don't think we should be hearing it from the Justice Minister himself, the agency would have done it publicly.
Who is fooling who? Micheal Aondoakaa should be man enough to appologise to EFCC and Nigerians if they still want to fight corruption or better still alongside the President grant amnesty to all ex-looters.

To butress your point, McKren, EFCC did not apologise to the AGF afterall. The story is carried by The Punch Newspapers of today, link provided below. I think the man is just a loud-mouth and he is a man Nigerians should watch very well. Why should he be carrying on as if his main job in this administration is to bring EFCC down? If he wants EFCC to follow the "rule of law" in its dealings there are better and more civilised ways of doing it.


http://www.punchng.com/Articl.aspx?theartic=Art200709131465545

Sentiment apart. We know that all these former governor sucked Nigeria dry, likewise OBJ, but we have to follow due process and rule of law in prosecuting them.

For instance in Madam speaker financial scandal, the reason given for not following due process is because of the urgency of the job, that is what is happening all the time. EFCC want to do everything faster, thereby not following due process. We have seen alot of thing that were reverse because due process were not followed. It is the samething that is happening to Kalu/EFCC. Why can't someone challenge the Abia high court verdict?

I am not against EFCC in their fight against corruption, my only concern is following due process and rule of law.

I believe that if EFCC follow due process thing will work well. It will take time, but we will truimph.

Due process is not an option in Nigerian. 1st we don't have credible and outstanding laws in Nigerian. We have been trying to follow due process for decades and we still can't bring IBB to justice for all his atrocities. The ATG commets are silly. you don't go out criticizing the government that your are part of. it's simply stupid.

Mamajama:

Due process is not an option in Nigerian. 1st we don't have credible and outstanding laws in Nigerian. We have been trying to follow due process for decades and we still can't bring IBB to justice for all his atrocities. The ATG commets are silly. you don't go out criticizing the government that your are part of. it's simply stupid.

we have to start somewhere.

I was against Yar'Adua in that the April election was a sham, but what shall we do, is the question now. The election has come and gone, shall we take up gun and matchet to push Yar'Adua out of Aso rock? No. We have to follow what the law say, by going to tribunal, whatever they say we take.

As for IBB, God dey. One day Pharoh that does not know Joseph will come.

Compared to all the people on the Ballot, I must commed OBJ for selecting Or Picking Yar Adua. Though its too early to know what impact his administration will have on Nigerians. Time will tell

How dificult is this to understand, EFCC acted within the confines of the Law.

The court in Abia State did not say that Kalu should not be prosecuted if their is a legal basis to do that as that will amount to a law court given a citizen right to Lawlessness. The court order only suggests that Kalu's Fundamental human right should be respected as provided in the constitution, but the fact remains that when you are involved in a criminal case you will be arrested and prosecuted if need be.

So when people talk of due process and no due process it is important we look at the nitty gritty. EFCC did not disobey any court order!!!!!!!!!!

Subversion of the Rule of Law-Femi Falana

Last View on Fri 14th September, 2007
Last Modified on Mon 10th September, 2007 12:55:35 am
Author: Admin Sahara
In the purported defence of the rule of law,the Attorney-General of the federal government "ruled" that the charges filed by the EFCC against ex-gov Orji Kalu are illegal on the ground that they were filed in defiance of the ex parte order issued by an Umuahia High court.Sometime in May 2007,Chief Orji Kalu had approached the High court of Abia state holding at Umuahia for the protection of his fundamental rights to personal liberty. While granting him leave to enforce his fundamental rights,the high court directed that the leave shall operate as a stay of action pending the final determination of the substantive application.

With respect,the intepretation of the learned Attorney-General to the effect that Chief Kalu could not be arrested or charged to court until the final determination of the application for the enforcement of his fundamental rights is totally misleading.In the case of Nzewi and others vs Commissioner of police(2000) 2 HRLRA 156 the applicants complained of arbitrary arrest and detention by the police. The federal High court granted them leave to enforce their fundamental rights and directed that leave should operate as a stay of further action pending the determination of the substantive case.The applicants proceeded to commit the respondents for contempt when they were invited by the police to answer the criminal complaint against them.In dismissing the application for contempt,the federal High court(per Ajakaiye J.) held inter alia:
"It is clear that what the Court intended in that order is that the applicants should not be arrested unless there is a legal basis or justification for it.It cannot be said to mean that the order granted to the applicants is a general bill of immunity or insurance from legal processes or redress in appropriate cases.The order was not meant or could not have intended to make the applicants or any of them an institution or anybody above the law.It was implicit in that order that while they carry on their lawful business peacefully and while they continue to be law abiding, their fundamental rights as enshrined in our constitution remain inviolate and guaranteed.No court of law can make an order capable of turning a citizen into an outlaw."

Since the EFCC arrested Chief Kalu and charged him to the federal high court promptly it cannot be said by any stretch of imagination that the order of the Umuahia High Court was disobeyed by the anti-graft agency.In any case if the EFCC has committed contempt in the circumstances,it is left for the Umuahia High Court to take appropriate action under the law.The honorable chief law officer has no power whatsoever to usurp the judicial functions of the Abia state High Court.Therefore, the pronouncement credited to him on a matter that is pending before a competent court of law is tantamount to a gross subversion of the Rule of Law which he claims to be defending.

Instead of playing on the collective intelligence of Nigerians,the Umaru Yaradua regime should be courageous enough to drop all corruption charges against his brother Governors and stop masquerading under the Rule of Law. .

FEMI FALANA

mckren,
what is criminal case pls? how do u clasify the case of money laundary committed by andy uba in the usa? have you ever asked yourself what happened to the taiku's case after the april polls?
if efcc is not a tool how come they stopped puursuing the atiku case after the april polls.
they were just there to disrupt atiku on the presidential election.
in a normal constitution, 48 hours will be enough to charge someone officially beforew a law court.
do u know how many people dying both innocent and guilt in our detentions?
we are not making use of the constitution because ribadu and his boss can say who will be detained and who will be set free not minding the constitutional rights of the individuals.
it is a shame on a country so if yar adua will appoint another person tomorrow, he will come with his own excess powers to punish people who insulted him while they were in primary school.
we are not here to fool ourselves.