Gani Wants Attorney-General Sacked

Lagos-based lawyer, Chief Gani Fawehinmi (SAN), has called for the sack of the Attorney-General of the Federation and Minister of Justice, Chief Michael Aond-oakaa, over the minister’s frosty relationship with the Economic and Financial Crimes Comm-ission (EFCC).
This came on a day Aondoakaa told THISDAY in New York, USA, that the chairman of the Independent Corrupt Practice and Other Related Offences Commission (IC-PC), Justice Olayinka Ayoola, was being “mischievous” when he said the disagreement between the Minister and the EFCC should have been resolved privately.
Fawehinmi, who said he was appalled and disturbed by the “negative and unconstitutional role” being played by the AG with regards to the anti-corruption war embarked upon by the EFCC, noted that since Aondoakaa’s assumption of office on July 26, 2007, he had been giving the “unmistakable impression” that the crusade against corruption in the country was not in his agenda and that the activities of the institutions engaged in the war against corruption do not have his support.”
Describing his actions and utterances as "not in consonance with the avowed pronouncements and promises of President Yar'Adua to combat corruption in all its ramifications", the senior advocate said the AG should be removed from office before he caused embarrassment to the country.
Fawehinmi said since Aondoakaa was not serving the interest of the public and the Constitution of Nigeria, it was imperative for the President to sack him as quickly as possible.
He said: "Aondoakaa had absolutely failed to appreciate the dual nature of his office as both the chief law officer of the federation and Minister of Justice in the government of President Umaru Musa Yar'Adua. Aondoakaa does not know what the public interest is with regards to the issue of corruption in Nigeria. He has chosen to ignore the fundamental problem of our country, which the Constitution has addressed.
“Aondoakaa is deliberately ignoring the constitutional command in Section 15(5) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that the 'State shall abolish all corrupt practices and abuse of power.'; Aondoakaa does not appreciate the rule of law against corruption handed down by the Supreme Court in the case of A.-G., Ondo State v. A.-G., Federation (2002) which enjoined all Nigerians to fight against corruption and to ensure that institutions set up under the Act of the National Assembly which gives effect to Section 15(5) of the Constitution should be allowed to function and not sabotaged".
He added that the AGF had predicated his “queer” position on his powers under Section 174 of the 1999 Constitution and his “distorted” understanding of the rule of law, thereby acting against the fundamentals of his powers of the same section of the constitution and in violation of the rule of law.
Fawehinmi, who described corruption as the bane of our development, said: "It is the fundamental cause of our poverty in the midst of plenty. It has prevented the country from making political, social and economic progress. It has brought about high level of unemployment in the country. It has denied millions of Nigerians access to education, housing, health, food and infrastructures, etc.
"Whilst the masses of our people wallow in poverty, their political leaders at all levels of governance are suffused in ill-gotten wealth by sheer stealing of the resources of the nation. Yet, we have an Attorney-General who has not shown the conscience, determination and commitment to deal with corrupt politicians. Mr. Aondoakaa, SAN has never condemned corruption. He has never initiated any criminal prosecution of any public officer. He has never caused to be investigated any corrupt politician past or present.
"Our Attorney-General pretends that he hears no corruption, sees no corruption in a country littered with corruption by public officers past and present. He must be living in a world of self-delusion and self-deception.”
"Further at Pages 404-405, paragraphs H-A, Uwaifo, JSC stated: ‘, in our own situation, taking the issue of corruption and abuse of power nationally will best serve the interests of all and the general welfare of Nigeria, both nationally and internationally. Corrupt practices have become an overwhelming malaise for Nigeria. It cannot be left totally to individual states’.”
In New York yesterday, Aodoakaa reacted to comments by the chairman of ICPC, Justice Ayoola, that the matter should have been internally resolved rather than be allowed to snowball into a courtroom quarrel between two government agencies, Aondoakaa maintained that the comments were borne out of mischief.
“Is he saying that as a judge sitting he would have ordered me to come and explain myself in court and I would disobey?” he queried angrily.
“People shouldn’t be so personal about doing things, that they’re the saints and others are the devil. I am unconcerned with his comments. I’m only concerned with the fact that I’m doing the right thing.”
Aondoakaa denied having an axe to grind with EFCC. He said his office had the right to intervene if the commission refused to obey an existing court order.
Asked whether it was not unbecoming for the office of the Attorney-General to be drawn into its widely reported altercation and muscle flexing with the EFCC at the Federal High Court, Abuja last week, the Justice Minister explained that the Supreme Court had in a decided case, laid down the law that State and Federal High Courts had concurrent jurisdiction to enforce fundamental human rights.
The Umuahia High Court judgment restraining the EFCC from prosecuting former Abia State Governor, Orji Uzor Kalu, according to the Attorney-General, was therefore valid. He vowed not to tolerate any disobedience to that order.
“Until it is discharged, the court order must be obeyed, it was very explicit,” he told THISDAY.
Explaining the events which led to the courtroom clash between the DPP from his ministry and counsel from EFCC Independent Prosecutor Rotimi Jacobs’ chambers, Aondoakaa insisted that the Federal High Court, Abuja, had summoned him to explain why the Umuahia High Court order was not obeyed and that the DPP’s appearance in court was in respect to that summons.
Denying that he had any special interest in Kalu’s case, he stated that contrary to media reports he had not taken over the case, he had merely directed the EFCC to accelerate its appeal to the Court of Appeal to vacate the High Court order.


http://www.ngex.com/cgi-bin/frame/frameit2.plx?link="http://www.thisdayonline.com"

@bigbi
Gani fawehinmi is a lawyer based in lagos

I've watched and studied this incredible Nigerian for some time and I'm yet to conclude that any of his actions is effective; i.e I haven't seen the fruit of his actions.

Yes, he makes noise and he barks for many days or weeks or months, but nothing else happens after. I see his actions as being an abortive rebellion; lately, this has also been his MO (method of operation) and an indication of wasting time/ energy.

Is this man's actions effective?
Could someone identify a single positive outcome as a result of his actions?
Is he inconsistent with his views?
Is this man simply seeking for attention or he's simply sincere with his actions?
Is this the right time for Chief Fawehinmi to channel a different strategy, that will produce an effective result?

if you de smoke igbo and you think say you fit fly,
and you try am, and e no come work out the way you
think, na vex you go de vex.
gani fawehinmi think say na him sabi pass, and we no gree say na him sabi pass
for naija. that is why he de vex like that.
leave am na dog de bark!

gani is an educated elite in nigeria but it is very unfortunate that his words or actions have never been considered useful in the past so what i really do not know is how relevant yar adua will consider this call.
again, the arttoney general seems to be working in line with yar adua on the rule of law moves of which i personally support the idea because there is no way the decisions of ribadu can overtake the constitution of nigeria.
during obj's regime, it is the sole responsibility of ribadu to say who is corrupt or not not minding the constitutional implication which is absolutely wrong with many calling his actions as selected justice.

Big B1:

Is this man simply seeking for attention or he's simply sincere with his actions?

i begin to wonder!

Big B1:

Is this the right time for Chief Fawehinmi to channel a different strategy, that will produce an effective result?

yea, he should definitely revise his strategy. but that's if he's actions are genuinely sincere, who knows if he likes noise making for publicity purposes. as a learned lawyer, im sure he can figure out more result-oriented approaches to tackling presumed bad government policies.

@BigB1

The fact that he got your attention underscores who Chief Gani Fawehinmi is in Nigeria. He
is human and have his flaws, but what is certain about him is that he makes the kind of noise
that people like IBB or OBJ for that matter would rather not want to be made. His comments
about the AGF was front page news on most of the dailies (online edition anyway), putting the
AGF in "defence" mode at least for the present. The AGF who seemed to have fallen in love with
the press when kicking the EFCC appears to be media shy and is now talking about not bowing
to intimidation (who is intimidating who?).

For all its worth, the AGF will have to work harder and more covertly to shelter his friends under
the guise of "rule of law". He knows that not everyone is fooled by the "rule of law" talk, further
complicating his personal mission. I will personally begin to buy into the rule of law crap when
I hear the AGF either ask the EFCC or ICPC to expedite some ongoing investigations or when he
personally undertake some himself as he is the "Chief Law Officer" of the country.

The big question is: what has he produced lately with all his incredible actions?
His noise did not stop OBJ, Bode George, Adebidu, Akala, EFCC, Ribadu and many more.

To me, action is louder and stronger than just a mere noise making and defective barking.

I personally think that now is the right time for him to change direction and discover a better way to accomplish his goals, because lately his actions are nothing but an abortive rebellion.

Please, keep in mind that I have absolutely nothing against the man; he represents a fine Icon of Nigeria.

But is this man simply seeking for attention or he's simply sincere with his actions? Because I'm getting tired of this fruitless noise making, that produces big ZERO at the end of the day. .

Big B1:

But is this man simply seeking for attention or he's simply sincere with his actions? Because I'm getting tired of this fruitless noise making, that produces big ZERO at the end of the day. .

Abi you no like the man because hin dey shout say na IBB suppose answer for Dele Giwa death?

NOT to forget he still has litigation pending against IBB BIGB1's father, so one can clearly see the disparity in his post against the chief of prisoner in IBB regime. If I recalled BIGB1 IBB jail GANI for his outspoken words against his administration. I was at shrine KALAKUTA republic when FELA welcome GANI back from jail and encouraged him to keep doing what he is doing.

His Lordship Gani Fawehinmin (SAN) is the only top lawyer in the world that does not have a CV. He is the only reputable and internationally recognised legal practitioner who has not won any case worth mentioning.

Even cases that I, as a layman can win, such as the Electoral tussle in Delta state against Ibori. Gani made it seem as if such a case was unwinnable till a lawyer like himself won that same similar case in Anambra State for Peter Obi. Of course Gani's client fired him immediately.

Generally, Gani is just the National Town Crier of Nigeria. He loves to be on TV and Newspapers. Besides that, there's nothing more to him.


Though the AGF has something wrong with his head too, but Gani Fawehinmi's main grouse with him is his attempt to share the "legal limelime" that has been the sole monopoly of Gani Fawenhinmi and his protege, Festus Keyamo.

Lest I forget, he's also a man that runs away from responsibility for fear of criticism and his personal incompetence.

Let the Federal Government offer Gani Fawehinmi the office of the Attorney General, he will run away and start lying that the Government is trying to bribe him (I don't know what for).
But let him let somebody else do it, he will not.


Now, I'm not saying what that guy with the funny name is doing as Attorney General is satisfactory, but what I'm saying is that Gani should win an outstanding case, something impossible like the O.J Simpson case and put it on his empty CV before he can come and tell us what is right or wrong.

Most of his ideas are sound and clever, but the man continues to use the same old same failed strategy to get his messages out.
As aresult of these blanks, I'm not sure where and how to categorize this incredible individual.

Apart from making noise just like you and I, I clearly do not see anything special about his actions.

Wuz trying to say "legal limelight".

Wuz trying to say "legal limelight".

Gani Fawenhinmi is obviously a nobody in a society designed for thieves!!!!!!

What a shameful Nation with an Attorney General that is capable of telling a conduct tribunal white lies that Alams is ill when the man is busy hosting parties.

Yaradua should kindly withdraw all corruption chargies against all ex-governors and tell Nigerians I am not interested in fighting corruption than waste time and resources as well as insulting the sensibility of Nigerians all in the name of "due process".

His silence and thus tacit support for the Attorney General potrays this government as one big HYPOCRITE and they should kindly spare us talks like "servant leader" or "God fearing" etc.

Yar.Adua's hands are tied because OBJ sold out to the devil. If he insists on prosecuting all these thieves and murderers, the blood-trail will eventually lead to OBJ.

The fathers have eaten a sour grape and the children's teeth are set on edge. {Jer. 31:29}

All we are saying is for this man to may be change direction and find a better strategy to make his actions more fruitful.There is no one here saying Gani is nobody; let's stay focused before we start talking gibberish as usual.

It just makes no sense to me for him to come out every other month to make some noise for few days and then disappear for another month with absolutely nothing accomplished at the end of the day.
It is a mere waste of time and a waste of newspaper space. If you can not come correct, please stay home.
In my world, action is louder and stronger than just making noise.

No doubt about it, some of his ideas are bright and very much wanted, but he must definitely revise his strategy so that his views and actions could be respected and have a major positive impact in our society.
In my book, this man still remains a major icon of Nigeria and may God continue to bless him.

In regard to attorney general working in line with President Yar'Adua on the rule of law; this is an effective move and the way it should be.
After what we have witnessed during OBJ's regime, there is absolutely no way the decisions of Ribadu can overtake the constitution of Nigeria.

Moreover, if one can not see that the obstacles of effectively fighting corruption in Nigeria are created by OBJ, that individual must be blind and metally ill.

leave Gani Fawehinmi alone. at least he's not a professional sycophant, neither has he stolen any money.

Unlike some people we all know.

the sun newspaper of 18 sept has this to: Lawyers fault Gani Fawehinmi on AGF.

so he has said his mind and others including fellow learned men have their minds to say.

I have been waiting for Lai Mohamed to speak all this while. He has been a leading voice in attacking all the recent spins and summersault of this present administration.

And I must state that I am not suprised that he rose up in defence of Micheal Aondoakaa, it goes on to buttress what we have been saying that the AGF can not differentiate loyalty to his private clients in his previous job and loyalty to National Interest now that he is the AGF. Lai Mohamed is simply rising in defence of their private counsel.

Fight against corruption is not compulsory, President Yaradua should save this country all this cheap deciet and trickery by on 1st October (during independence day broadcast) drop all charges against his friends and announce his administration's wish not to fight corruption.

@Big B1

Gani is not totally irrelevant. His rantings sometimes are purposeful in that there are some evil dealings that may be occurring underground in the high places. He gathers this intelligence and divulges it on National Television, thereby creating awareness so that those who can take action will proceed.

That is why I call him the National Town-Crier.

Denex

You need to make up your mind. Enough of this flip flopping style of yours.
One minute Gani is nobody, next minute Gani is a national treasure.

A typical example of a sycophant.

It is not a big deal, speak your mind and stick with it.

@ denex
Wat about the the case of the ex ministers refunding dollar salaries? Who won that case?

I think u are the one looking for relevance

AGF and graft cases       
Tuesday, 18 September 2007 
The open tussle between the Minister of Justice and an anti-graft agency over the prosecution of some governors is sending signals that all is not well with the crusade against corruption. The Attorney General of the Federation and Minister of Justice Mr. Michael Aondoakaa and the Economic and Financial Crimes Commission (EFCC) have clashed over who conducts the trial of the former governor of Abia State, Chief Orji Kalu, who is standing trial over 100 corruption allegations involving billions of state funds.

EFCC had complained about procedural impropriety in the attempt of the AGF's office to take over the prosecution of Kalu at an Abuja High Court without prior communication of intention. But the AGF has justified the need to intervene directly in the matter on the administration's respect for the rule of law and the need for government to obey all judicial orders.

The intervention, the AGF said, was necessary to make the EFCC respect an order of a High Court in Umuahia, Abia State, restraining it from arresting and prosecuting Chief Kalu for alleged offences against the state. The AGF's action followed a protest to the Presidency by Chief Kalu that the EFCC was disobeying a subsisting court order. The second plank is that the 1999 Constitution empowers the AGF to continue or discontinue any case by any agency in the country.

The AGF's overriding constitutional power to take-over, continue or discontinue any suit is, not in doubt. What is worrisome is that his direct intervention and visibility may politicise the cases against the high-profile suspects and subvert public interest. The nation's experience of AGF's direct involvement in graft cases has been very bitter. When the Justice Ministry intervened directly in the N400 million embezzlement case against Dr. Julius Makanjuola and some Defence Ministry officials, the trial was stopped without any explanation a few days to a High Court judgment on the matter. Therefore, does the AGF want to takeover and continue with Kalu's trial or does he want to stall and bury the case like that of Makanjuola?

The AGF should come out clean. The undue interference from the AGF's office in corruption-related cases is already casting doubts on this administration's determination to fight graft. There are indications as well that the anti-graft agencies are not comfortable with Mr. Aondoakaa's body language. The Chairman, Independent Corrupt Practices and Related Offences Commission (ICPC), Justice Emmanuel Ayoola, who is a retired Supreme Court justice, remarked last week that the public deserves to know why the AGF is interested in taking over Kalu's corruption case, adding "there is a lot of suspicion so far on his motive."

Similarly, the Chairman Code of Conduct Tribunal Justice Constance Momoh has expressed doubt over the government's willingness to continue the prosecution of former Bayelsa State Governor, Chief Diepreye Alamieyeseigha. Justice Momoh was visibly irritated when government prosecutor strangely claimed that Alamieyeseigha was still ill. The judge advised the AGF's office to withdraw the case if it has "compromised", instead of stalling trial by asking for questionable adjournments . On its part, the EFCC has expressed regret that its statutory anti-corruption mandate "is being dragged into a murky political terrain."

By setting personal examples, President Yar'Adua has demonstrated that his administration is sincere in the battle against official corruption. The actions of the AGF should conform with the high standard of personal integrity which the President has brought into office. Mr. Aondoakaa should not be allowed to bog down the anti-graft crusade with legal technicalities. The public interest is not served when the AGF hides under the guise of the rule of law to stall or bury grave corruption charges.

Editorial Board, culled from the Punch Newspapers

The bit in bold is another example of the AGF's idea of rule of law which Gani Fawenhinmi is challenging

This decision by Yar'Adua is a perfect one.
OBJ has created this problem many months before Yar'Adua; with the use of EFCC (Ribadu) he fought corruption with one hand and then embraced it with the other hand.
As a man of integrity, Yar'Adua refuses to follow the same foot steps. He is being very systematical fighting this war, because it is clearly obvious that OBJ represents the king of corruption. And how do you expect him to fight corruption effectively with out arresting OBJ and Ribadu?

It is impossible to get involved with the old mess by giving the EFCC the unrealistic illegal power these folks exercised during OBJ's regime. It is totally unnecessary. Atiku is gone, there is absolutely no more need for political tools or thugs.

I'm sure, Yar'Adua is still working very hard to discover a better strategy to tackle corruption in our society, but I can assure you that his strategy will be much different from the illegal and extremely selective one OBJ created during his time.


Instead of crying and barking, may be it will be much more effective to study and fully understand the situation. And also assist in presenting a better policy that will effectively drive our nation to the top.

Crying and barking to me seem to be old and absolutely ineffective in Nigeria.

@Big B1

you should read my first post very well so that you will see that from the very start, I mentioned that Gani Fawehinmi is the National Town-Crier.

The fact that the man has got a lot of things wrong or that I personally do not like him does not mean I should not admit that he has single-handedly brought a lot of pressing issues to the attention of Nigerians including myself. I have to acknowledge his good and his bad; it is the way of the Samurai.

So if you don't like the fact that I indicated an advantage and a disadvantage of Gani Fawehinmi, SUE ME!

we are yet to hear gani's comment over the actions of adedibu in oyo and over oyo people.
a man whose house is on fire does not look for rats.
an outstanding problem in yoruba land is yet to be resolved so we are waiting to hear him talk from that part of nigeria before coming to the center

Gani should suspend talk this time around and build a case against Adedibu.

At least he should practice this human right defending that he has preached for more than 20 years now.

Yes, Gani should do this and Gani should do that. . . yet in a country of of about 150million
people, almost the entire NBA (at least its leadership) are either comatosed, unconcerned
or too busy cozying up to those in power that they could care less about justice.

Hey, for all of his worthlessness and noise-making, I will pick Gani any day over this SOB
going about as if he was the first AGF ever appointed in the history of the country. You will
think all the other AGFs before him were not aware that they were the "Chief Law Officer"
of the country. I will say it again if "rule of law" is bigger than the collective interest of the
nation, then Yar Adua and the AGF need to quit now!

Rule of Law is made off the collective interest of the Nation. I don't see how you can compare the both. They are not mutually exclusive.

Collective interest of the nation is just like Iron Ore, and rule of law is the Stainless Steel gotten from it. So I find hard to understand how we can start to judge which is more important or relevant.

It is like the chicken and egg dilemma.

@denex

Rule of Law is made off the collective interest of the Nation. I don't see how you can compare the both. They are not mutually exclusive.

Collective interest of the nation is just like Iron Ore, and rule of law is the Stainless Steel gotten from it. So I find hard to understand how we can start to judge which is more important or relevant.

It is like the chicken and egg dilemma.

Since we must observe the "rule of law", I say it once again, Yar Adua and the AGF needs to step
aside now because you and I know they did not get to their current offices following the "rule of law",
A lot of Nigerians accepted Yar Adua out of the collective interest or good of the country, not because
he was duly elected following the "rule of law". That same "collective interest" tells me that fighting
corruption in Nigeria and putting treasury looters behind bar is paramount to any "rule of law" that
anyone can quote me. Its in or collective interest to see that if Kalu, Ibori and the rest be left off the
hook if they are innocent, however, in that same spirit, they need to be convicted if found guilty. Its
not in our collective interest for a lower court with an ex-governor for a judge to be dictating
whether that will happen or not.

I will gladly take my words back the day the AGF announces that he has personally ordered the investigation and subsequent prosecution of some ex-governor, ex-minister, or past OBJ buddies
for that matter. Until then, this new cliche that is bouncing off the mouth of the AGF is just a smoke screen.