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Politics › Re: Ibori Wins Against London Police, Recovers £35m Assets. Deltans Rejoice! by McKren(m): 1:46pm On Oct 03, 2007

I think Nigerians should wake up from slumber!!!!!!!!!!!

People should stop calling for Aondoakaa's sack and start attacking President Yaradua' s anti-corruption policies, how difficult is it to understand this President's sloppiness in the fight against corruption.

Aondoakaa is simply doing Yaradua's dirty job.

Politics › Re: Dariye lashes out: they "re-looted" my "loot" by McKren(m): 9:40am On Oct 03, 2007

[quoteBritain has returned to Nigeria some of the money seized by London police from the former governor of Plateau State and says more seized money will follow.][quote][/quote]As much as I dont support the fact that Britain has chosen to return the money in batches, the point is Britain has not said it has repratriated all the funds it found on Dariye.

Thus this accusation is not credible.

Politics › Re: Uk Targets Nigeria's Stolen Loot by McKren(m): 4:14pm On Oct 02, 2007

saintchux:
Iyke-D & Mamajama. Please can u react to UK court ruling on Ibori, I know if it is in Nigeria, the judge is corrupt and not supporting RIBADU's anti corruption

It is still the same thing Iyke-D is saying. London Met police approached the AGF to gather first class evidence, but our AGF refused to grant them audience but rather wrote a letter to Ibori's counsel that Ibori is not being investigated in Nigeria (A blatant lie !!!!!). The London Judge has no choice but to throw out the case for lack of strong supporting evidence.

Who is fooling who?

Politics › Re: Ibori Wins Against London Police, Recovers £35m Assets. Deltans Rejoice! by McKren(m): 10:42am On Oct 02, 2007

How Attorney General, Michael Aondokaa stopped Ibori's case in London, Southwark Crown Court unfreezes his assets

Last View on Tue 2nd October, 2007
Last Modified on Tue 02nd October, 2007 3:43:31 am
Author: Admin Sahara

Attorney General, Michael Aondokaa stops Ibori's case
in London, Southwark Crown Court unfreezes his assets
By Saharareporters

Efforts by Nigeria's Attorney General, Michael Aondaokaa, to sabotage the prosecution of corrupt former and serving governors and other public officials bore big fruit in a London Court earlier today.

The Southwark Crown Court sitting in London earlier today lifted the restraining order placed on the worldwide assets of James Ibori, former Delta State governor. The court had on August 2, 2007 issued a freeze order on Ibori's worldwide assets estimated at $35 million. The ruling came as a result of a money laundering case the Metropolitan Police brought against the former governor.

In reviewing the order today, the court decided against granting more time to the Metropolitan Police,and therefore lifted the order.

Saharareporters has reliably learnt that Ibori's high-priced lawyers used a letter from Aondoakaa as a trump card to secure their temporary legal victory.
The court's decision to unfreeze Ibori's assets followed a cleverly crafted response to Ibori’s lawyers dated August 7th, 2007 issued by Attorney General Michael Aondoakaa in which he was replying to inquiries by James Ibori’s lawyers seeking to find out if he –Ibori-was being investigated by any agency of the Nigerian government.

The letter, a reply to this bogus inquiry, asserted that the Nigerian government did not regard Ibori as a subject of any money laundering investigations at present, though it admitted that the former governor was investigated while he was in office.

"Ibori got off on the basis of Aondoakaa's blatant lie," said one irate commentator, a London-based professional who is originally from Delta State who was present in court. "The AGF knows that the Economic and Financial Crimes Commission has a dossier on the former Delta governor. Aondoakaa has is securing his legacy as the attorney general of the corrupt leagues," he added.

Not only did Aondoakaa present a false testament to the British court, we have also learned that the content of the letter was not disclosed to the Metropolitan Police or their lawyers. Instead, Ibori's lawyers presented the letter in court at the hearing today. It was a joker that the judge could not ignore.

Saharareporters had reported in the past about the existence of a letter or affidavit issued by Attorney General Aondoakaa to exonerate Ibori and help him beat his rap in London.

Though the Press Bureau of the Metropolitan Police has not issued an official public statement on today's ruling, Saharareporters learnt that the British Foreign office and the police are meeting to come up with a plan to appeal the ruling. An anonymous source at the Mets told our reporters that "the odds are great that this will be appealed at a higher court."

Sources at the EFCC said the anti-graft agency was in shock over the ruling and the reported role of the Attorney General in the case. They vowed that the case in London will not interfere with their on-going investigations of Ibori in Nigeria. The EFCC source told Saharareporters that they have reached a stage at their local investigations that they can arrest and prosecute James Ibori whenever he returns to Nigeria. The London Metropolitan Police source also said the investigations of Ibori's corruption continues, they cited the case of his sister, Christine Ibie, mistress , Amaka Okoronkwo and his former assistant, Adebimpe Pogoson as a testimony of their determination to nail James Ibori, these three close relatives of James Ibori were recently re-bailed from Met's custody and are scheduled to return in November for possible prosecution.

Several weeks ago, fearing that the EFCC was about to arrest him, Ibori slipped out of Nigeria and headed first for South Africa and then to the U.S. He has since being living in Miami, Florida. Last week, he sneaked into New York where he met with Yar'adua to discuss his return to Nigeria. A source at that secret meetings said Yar'adua had assured Ibori that if he can clear "the London mess," he should feel free to return to Nigeria anytime as the government would then rely on an on-going court case involving Ibori and Delta State elders at the Appeal Court to stall further investigations by the EFCC.

Before leaving the US, where he had addressed the UN Special Assembly, Yar'adua confirmed in interviews that he met with some of his former corrupt colleagues in New York, saying he didn't see anything wrong with it. However, he denied ever interfering with the current anti-corruption investigation of his former colleagues.

The Ibori case will test Yar'adua's credibility. A source close to Ibori said the former governor continues to brag that Yar'adua has no option but to shield him, noting that Yar'adua's stolen mandate was made possible by the N10 billion of Delta State funds that the former governor funneled into the
presidential campaign.

Meanwhile, Saharareporters has also learnt that a coalition of former governors facing corruption charges are pressuring Yar'adua to remove the EFCC's Nuhu Ribadu before the week runs out.

www.saharareporters.com

Politics › Re: Ibori Wins Against London Police, Recovers £35m Assets. Deltans Rejoice! by McKren(m): 10:27am On Oct 02, 2007

Ibori obviously won this case because when London Met police came to visit the AGF Micheal Aondoakaa, the AGF simply refused to see London Met police but instead wrote a letter to Ibori's counsel stating that Ibori has no case to answer.

Thus the Judge at southwark crown court simply threw out the case for lack of strong evidence.

A clear example of fighting corruption through due process in President Yaradua's Nigeria.

Politics › Re: Yar'adua Promised To Continue With And Deepen Obasanjo's Reforms by McKren(m): 4:00pm On Sep 26, 2007

If that is the game plan it is not very difficult.

Next week monday is 1st October, he should grant amnesty to all corrupt governors rather than all this schoolboy deciet in the name of rule of law.

Politics › Re: Yar'adua Promised To Continue With And Deepen Obasanjo's Reforms by McKren(m): 3:48pm On Sep 26, 2007

Well the issue here is not about OBJ it is about Nigeria

When a President comes to power on a campaign slogan promising to sustain certain reforms or continuing anti-corruption fight, if less than 6months down the line he has spent more time going against his major campaign promises then we are left with no choice than to think this President was either lying when he was campaigning or his Government has been hijacked and misdirected.

Leadership is not a popularity contest and sometimes what matters most is not how popular you are in Government but how history will remember you.

Yaradua should ignore all his media spin and lobbying of Nduka Obaigbena, he should ignore fighting EFCC or protecting the interest of the rich. His gospel of Rule of Law should also include sanctioning judges offering dubious court orders. The worldwide rule of law we know is for the accused to go to court and prove his innocence while the accused is assumed innocent until proven guilty not encouraging people to obtain court orders preventing Judicial process.

As a matter of fact wherever Henry Okah alias Jomo Gbomo is he should get his lawyer to approach a Bayelsa High Court to prevent his arrest and prosecution so that whenever he is repatriated into Nigeria he becomes a free man by default. Since that is the kind of rule of law we want to practice. So that when FG goes against that they will explain to us the difference between Henry Okah and Odili or Kalu or Turaki.

People say the President is sincere, I am sorry I have not seen it. All we see is the President saying one thing and doing the exact opposite.

Politics › Re: Yar'adua Promised To Continue With And Deepen Obasanjo's Reforms by McKren(m): 11:42am On Sep 26, 2007

Good write up but only time will tell and the truth will be ascertained. Nigerians think OBJ is their greatest enemy. people have the right to hate or love him it is entirely their call.

But one thing is certain, he did not go about lobbying Nduka Obaigbena or other media moguls just to earn cheap popularity.

OBJ is accused of disobedience of court orders but he did not in anyway tamper with judicial process nor did he coerce High court judges to tilt court pronouncements in certain manner. We did not see a situation where an accused pleads guilty and all of a sudden he is granted a verdict designed specifically to see him become a free man within 24hrs, nor did we withness a situation where the director of public prosecution goes to court defending an accused he is meant to be prosecuting, we did not see a situation where an exparte order expected to have ran out within 14days is implemented indefinitely.

While the present administration is guided by so much quest for popularity, OBJ's administration was guided by conviction for doing what is right for the country.
Time will tell which we should crave for.

Politics › Re: Peter Odili Running From Efcc, No Way For Him! by McKren(m): 4:25pm On Sep 24, 2007

We will soon get nearer to the truth

Politics › Re: Peter Odili Running From Efcc, No Way For Him! by McKren(m): 4:20pm On Sep 24, 2007

‘No court can stop prosecution of suspects’
By Femi Falana
Published: Monday, 24 Sep 2007
On May 29, 2007 the immunity conferred by Section 308 of the 1999 Constitution on the 1999-2003 set of governors expired by effluxion of time. Sensing that he might be prosecuted for corruption charges, Chief Orji Kalu, the immediate past Governor of Abia State, approached an Umuahia High Court for the enforcement of his fundamental rights to personal liberty, dignity of human person and freedom of movement. The respondents in the action are the Economic and Financial Crimes Commission, Director-General, State Security Service, the Inspector-General of Police and the Abia State Commissioner of Police.

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File
Femi Falana

Photo file
Justice of Supreme Court, Niki Tobi

In like manner, Alhaji Saminu Turaki ex-Governor of Jigawa State, obtained a similar order, in an application for the enforcement of his fundamental rights at the Federal High Court in Kano.

According to newspaper reports, Dr. Peter Odili, the former Rivers State Governor has also approached the Federal High Court in Port Harcourt to restrain the EFCC from arresting, investigating and prosecuting him for corruption and other related charges. The learned trial Judge Regina Nwodo, who declined to grant the ex parte order, directed the ex-governor to put the anti-graft commission on notice of the application for interlocutory injunction.

Before now, applications brought pursuant to the Fundamental Rights Enforcement Procedure (Rules) 1979 for the enforcement of fundamental rights were filed in court to compel law enforcement agencies to either release suspects from custody or charge them to court. Now that the procedure is being manipulated under the cloak of human rights or rule of law to shield certain influential individuals from arrest and prosecution, it is germane to examine whether a Nigerian court has the power to restrain the police and other law enforcement agencies from arresting or prosecuting any person suspected to have committed an offence under the law.

Before the institution of the 107-count charge against Kalu, the EFCC obtained a warrant of arrest from the Federal High Court. Convinced that the EFCC had committed contempt in the circumstances, Kalu’s lawyers petitioned the Attorney-General of the Federation, Chief Michael Aandokaa (SAN). Without any reference to the EFCC the Chief Law Officer of the Republic stated in his reply to the petition that the charge pending before the Federal High Court is illegal. Consequently, Chief Kalu has filed a motion praying the trial court to quash the charge. In turn, the Federal Attorney-General has taken over the case from the EFCC with a view to discontinuing it.

With respect, it does appear that the learned chief law officer labours under the erroneous belief that a court can confer immunity on certain private persons under the pretext of securing the enforcement of their fundamental rights. It is submitted that apart from the incumbent President, Vice President, Governors, and Deputy Governors clothed with immunity by Section 308 of the constitution, no other person in Nigeria can be conferred with immunity by a court. In Fawehinmi v. I.G.P. (2002) 23 WRN 1, the Supreme Court held that even public officers who are immune from arrest and prosecution while in office can be subjected to investigation by the police.

In explaining the rationale for the decision of the Supreme Court, Uwaifo JSC stated that, “the police clearly have a duty under section 4 of the Police Act to do all they can to investigate and preserve whatever evidence is available. The evidence or some aspect of it may be the type which might be lost forever if not preserved while it is available, and in the particular instances given it can be seen that the offences are in the particular instances given it can be seen that the offences are very serious ones which the society would be unlikely overlook if it had its way. The evidence may be useful for impeachment purposes if the House of Assembly may have need of it. It may no doubt be used for prosecution of the said incumbent Governor after he has left office. But to do nothing under pretext that a Governor cannot be investigated is a disservice to the society.”

It is therefore illogical to contend that a governor who was not immune from investigation while in office can be shielded from investigation when he is out of power. No doubt, the Chief Law Officer of the Federation has erroneously misinterpreted the phrase “leave to operate as a stay of action” to mean an order of interim injunction restraining the EFCC from arresting, investigating and prosecuting Chief Orji Kalu pending the final determination of the case pending before the Umuahia High Court.

The meaning of the term “leave to operate as a stay”

In Nzewi & Ors. v. Commissioner of Police (2002) 2 HRLRA 156, which is on all fours with the facts of Chief Orji Kalu’s case, the applicants had challenged the infringement of their fundamental right to personal liberty by the police. In granting leave to the applicants the Federal High Court ordered a stay of all matters or issues emanating from or pertaining to the subject matter pending the final determination of the substantive application. Notwithstanding the pendency of the matter the 4th and 5th respondents, the investigating police officers continued with the investigation of the criminal allegation leveled against the applicants. Upon their invitation to answer the complaints against them the applicants alleged that the court order had been violated contrary to the tenets of the rule of law. Consequently, the applicants filed an application praying the court to commit the respondents to prison for disobeying the court order.

In dismissing the application for contempt in its entirety, the learned trial judge Ajakaiye stated the law correctly when he said thus “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 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 out-law… There is nothing in the court’s order which forbids the police from performing their normal duties and no court will do that as that can lead to a state of general break down of law and order.”

In the same vein the Court of Appeal has decried the dangerous practice of rushing to the High Court to prevent the police from arresting, investigating and prosecuting criminal suspects. That was in the case of the Attorney-General of Anambra State v. Chief Chris Uba(2005) 33 WRN 191 where Bulkachuwa JCA held that “For a person, therefore, to go to court to be shielded against criminal investigation and prosecution is an interference of powers given by the Constitution to law officers in the control of criminal investigation. The Plaintiff has no legally recognizable right to which the court can come to his aid. His claim is not one that the court can take cognizance of, for it has disclosed no cause of action. The Plaintiff cannot expect a judicial fiat preventing a law official in the exercise of his constitutional power.”

On the unequivocal power of the state to derogate from the fundamental rights of citizens to personal liberty where they are alleged to have committed criminal offences it was held by the Court of Appeal in Ekwenugo v. FRN (2001) 6 NWLR (PT 708) 171 at 185 that “If there is a reasonable suspicion that a person has committed an offence, his liberty may be impaired temporarily. In the same vein, a person’s liberty may be tampered with so as to prevent him from committing an office. In short, it is clear that no citizen’s freedom or liberty is absolute. The freedom or liberty of a citizen ends where that of the other man starts”

Effect of irregular or illegal arrest and detention on prosecution of suspects

It is further submitted that the irregularity or illegality of an arrest or detention of any criminal suspect cannot vitiate his/her prosecution by virtue of section 101 of the Criminal Procedure Act which provides that “When any accused person is before a magistrate whether voluntarily or upon summons, or after being apprehended with or without warrant or why in custody for the same or any other offence, the preliminary inquiry or trial may be held not withstanding any irregularity, illegality, defect or error in the summons or warrant or the issuing, service, or execution of the same, and notwithstanding the want of any complaint upon oath, and notwithstanding any defect in the complaint, or any irregularity or illegality in the arrest or custody of the accused.”

That provision of the law was judicially interpreted by the Court of Appeal in the case of The State v. Osler (1991) 6 NWLR (PT 199) 576 at 588 where Omosun JCA held that “The true effect of prohibition of arrest without warrant has to do with the law of assault not with the jurisdiction of the Court… I agree with the learned SAN that it does not oust the jurisdiction of any competent court to try the offender for the offence… In my view by section 101 of the Criminal Procedure Act, it is lawful for the learned judge to try the Respondent who was before him, notwithstanding any illegality in her arrest. See also IG of Police v. Ehiguase (1957) WR NLR 129.”

In the same vein the Community Court of Justice has recently decided in the case of Alhaji Hammani Tidjani v. FRN & Ors. (Unreported Suit No: ECW:/CCJ/APP/01 /06) that the member states of the Economic Community of West African States (ECOWAS) cannot be prevented from trying anyone alleged to have committed a criminal offence in their territories. Notwithstanding that the Plaintiff, a Niger national was abducted by the Nigerian Police in Cotonou, Benin Republic the application for the enforcement of his fundamental rights was dismissed by the Community Court on the grounds that “Article 6 of the African Charter on Human and Peoples Rights duly recognizes the right of states to prosecute suspects for criminal offences and does not seek to interfere with that except where the suspect has been arrested, detained, and/or tried under a non-existing law, or law made specifically after his arrest or detention or for an offence which did not exist at the time of his arrest or detention.”

As the fundamental rights guaranteed in the constitution are not absolute there are derogations that have been recognized in the interest of public order, public safety or public morality. For instance, the right to personal liberty of any person can be justifiably violated “for the purpose of bringing him before a Court in execution of the order of a court or upon reasonable suspicion of having committed a criminal offence.” (See Section 35(1)(c ) of the 1999 Constitution). In Ekwenugo v. F.R.N. (2001) 6 NWLR (PT 708) 171, the Court of Appeal held that “If there is a reasonable suspicion that a person has committed an offence his liberty may be impaired temporarily. In the same vein, a person’s liberty may be tampered with so as to prevent him from committing an offence. In short it is clear that no citizen’s freedom is absolute. The freedom or liberty of a citizen ends where that of the other man starts.”

In that case, while enjoining judges to strive to operate the law for the attainment of social engineering Fabiyi JCA said “Nigerian judges do not operate in utopia. We operate in Nigeria. And no Nigerian judge can rightly claim he has not heard that Transparency International rated our nation as the most corrupt in the whole universe in the year 2000. this is ear-aching should judges, in the prevailing circumstances, pat Advance Fee Fraud accused persons on the back under the cloak of human rights? I think not.”

In Attorney-General, Abia State v. Attorney-General of the Federation (2006) 16 NWLR (PT 1005) 265 at 389 (Per Tobi JSC) warned every alleged treasury looter to desist from his nefarious activities as “the Independent Corrupt Practice and Other Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) are watching him very closely and will, without notice, pounce on him for incarceration after due process.”

On proof of contempt of court

Having regard to the undeniable fact the Chief Orji Kalu was arrested with a warrant issued by the Federal High Court it cannot be said that the EFCC failed to observe “due process.” Since the former governor was thereafter arraigned in Court promptly the allegation that his fundamental rights were violated cannot be sustained in law. In any case, if the order of the court was disobeyed it is left for the Umuahia High Court to so pronounce. In the Attorney-General of the Federation v. Chief Adigun Ogunseitan 1 NPILR 184, it was held that by virtue of Order 6 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules 1979 proceedings for committal of party who disobey a court order has to be taken as “a person cannot be addressed as a contemnor when he has not been found guilty of contempt of court.”

It is therefore subversive of the rule of law on the part of the Honourable Attorney-General of the Federation to speak so authoritatively on the illegality of the criminal charge pending before the Federal High Court, holden at Abuja. Moreso, that Chief Orji Kalu’s Counsel has filed an application praying the Court to quash the said charge. In the Military Governor of Lagos State v. Chief Emeka Ojukwu (1986) 2 NWLR (PT 18) 621 the Supreme Court held that “Once a dispute has arisen between a person and the government or authority and the dispute has been brought before the court, thereby invoking the judicial powers of the State, it is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course.”

Finally, if the current trend of rushing to court for interim orders to abort the criminal prosecution of powerful individuals in the society is not quickly halted we are soon going to witness a situation where armed robbery and murder suspects will obtain exparte orders to restrain the police from arresting, investigating and prosecuting them. After all, they too are entitled to secure the enforcement of their fundamental rights under the rule of law.

Falana is the President of the West African Bar Association.

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PUNCH

Politics › Re: Peter Odili Running From Efcc, No Way For Him! by McKren(m): 4:17pm On Sep 24, 2007

Kalu: AGF not party to suit — Investigation
By Tobi Soniyi and Oscarline Onwuemenyi, Abuja
Published: Monday, 24 Sep 2007
Contrary to claims by the Attorney-General of the Federation and Minister of Justice, Mr. Michael Aondoakaa (SAN), that he was faced with threat of imprisonment for disobeying a court order by an Abia State High Court, investigation has shown that the AGF was not a party in the case.

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Aoondoaka

The suit, filed by the Abia State Governor, Chief Orji Kalu, sought to stop the Economic and Financial Crimes Commission from prosecuting him.

A copy of the order obtained by our correspondent showed that only the EFCC, the Commissioner of Police, Abia State; the Inspector-General of Police, the State Director, State Security Service, Abia State, and the Director- General, State Security Service were listed on the order, dated Thursday, May 31, 2007. Itdd was granted ex-parte by Justice A.U. Kalu.

The order reads, “Upon reading the motion ex-parte dated May 25, 2007 and filed same day brought pursuant to Order 1 Rule 2 (1) of the Fundamental Rights (Enforcement Procedure) Rules, Articles 3, 5, 13 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Section 34, 35 and 41 of the 1999 Constitution, the verifying affidavit, affidavit of urgency and after hearing Livy Uzoukwu, SAN., esq., with A.S. Kolawole, esq., and C.K. Uba, esq., of counsel to the Applicant.

“It is hereby ordered that the applicant is granted leave to apply for the enforcement of his fundamental rights to dignity of human person, personal liberty and freedom of movement.

“It is also ordered that the leave granted shall operate as a stay of al actions or matters relating to or connected with the complaint hereof until the determination of the motion on notice.

“It is further ordered that the return date be and is hereby fixed for 14th day of June 2007.”

In justifying his decision to take over the trial of the former Abia State governor, the AGF said that he was being threatened with contempt of court.

Senior lawyers who spoke with our correspondent said that the AGF could not be charged with contempt in a case in which he was not named as a party on record.

Further investigation showed that no contempt proceeding had been initiated against the EFCC and other parties in the suit.

When the EFCC eventually arrested and charged Kalu with 107 offences, his lawyer, wrote a letter dated August 5, 2007 to President Umaru Yar’Adua, asking him to tell the EFCC to obey the order.

A copy of the letter was obtained by our correspondent.

His lawyer had earlier written a similar letter to the EFCC’s Chairman, Mallam Nuhu Ribadu. The letter was dated July 11, 2007.

It could not be ascertained if any letter was actually written to the AGF.

The President, however, referred the letter written to him by Kalu’s lawyer to the AGF and asked him to deal with the situation as appropriate.

punch

Politics › Re: Peter Odili Running From Efcc, No Way For Him! by McKren(m): 9:50am On Sep 24, 2007

Donzman:
My man, I do not know the difference between doing what is right and doing the right thing, can you elaborate for me please?

I am honestly waiting to learn new gramma

Politics › Re: The Problem With Nigeria by McKren(m): 9:06pm On Sep 23, 2007

Nigerian Government is busy financing other countries tourism projects all in the name of Religion, for how long shall we continue decieving ourselves in the name of Religion.

I dont support Government financing Pilgrimages whether Christain or Muslim, President Yaradua who has decided that in 2yr time his Government will no longer sponsor such is not stupid. Why Gbenga Daniel is sponsoring Hajj (if this is true), I dont understand. He is not even Muslim.

He is simply playing irrelevant politics with state money.

Politics › Re: Ibb Still Very Much In Politics by McKren(m): 12:51am On Sep 22, 2007

IBB has every right to be involved in Politics till he dies, that is his problem.

What I wont accept is being my President.

Politics › Re: Peter Odili Running From Efcc, No Way For Him! by McKren(m): 8:23pm On Sep 21, 2007

Saintchux

sorry you are not on the side of any rule of law. Ribadu had a court warrant of arrest obtained from Abuja high court, does your obedience for rule of law not include that huh

Politics › Re: Peter Odili Running From Efcc, No Way For Him! by McKren(m): 11:23am On Sep 21, 2007

Speculations are rife that Ibori is in Florida, he went their en-route South Africa with a South African passport.

Nigerian authorities may have to explain how he travelled from Nigeria to South Africa, maybe our Attorney General knows better.

Politics › Re: Peter Odili Running From Efcc, No Way For Him! by McKren(m): 11:07am On Sep 21, 2007

Saintchux

Only yesterterday you accused Ribadu of changing stance within 12months, but you kind have changed stance within 24hrs.

That epitomizes the difficulty of the war on corruption

Politics › Re: Is Mallam Nuhu Ribadu Confused? by McKren(m): 6:01pm On Sep 20, 2007

We need example of the rule that EFCC has broken.

Politics › Re: Is Mallam Nuhu Ribadu Confused? by McKren(m): 3:19pm On Sep 20, 2007

If you honestly have nothing to loose then allow EFCC do its work

FYI information also if Nigeria burns down today Mckren will have nothing to loose as I am very well established.

Sorry if you got offended by my comments, but the reality is that most of those who mount continues campaign against the EFCC always have a stake in the concept of Business as usual. Take for example it is clear that Olisa Agbakoba's assertion that it is ok to tolerate corruption so as to maintain their dodgy idea of rule of law will not be unconnected to the fact that the NBA President is also trying to use court orders to get his client to evade justice. People should not go to court anymore to answer for their crimes so long as they can purchase court orders.http://www.punchng.com/Articl.aspx?theartic=Art200709202394442

While I can not conclude that this is obviously the case with you, most often than not their has always been a corelation between those involved in illicit dealings and campaign against EFCC that is why I was only advicing you that IF this is the case you should change your ways.

remember it is only an advice based on a IF scenario

Politics › Re: Is Mallam Nuhu Ribadu Confused? by McKren(m): 2:27pm On Sep 20, 2007

I find it very difficult to identify a single project this organization has completed successfully.

It depends on what project you expect them to complete

An anti-corruption organisation that has over 150 convictions in its belt (a feat that has never been acheieved by any other agency before)

An agency that has been internationally accepted and has redeemed the confidence of international investors in Nigeria

An agency that has brought about Government functionaries knowing that someday they might have to answer for their stewardship and thus the need to be on their toes

Can I please ask what you expect the scorecard of an Anti-corruption watchdog to be.

BigB1 your campaign against EFCC has failed, you can not change EFCC. If they are standing in your way am sorry but the new reality is you will have to change to conform to the new ways of doing business.

Politics › Re: Is Mallam Nuhu Ribadu Confused? by McKren(m): 2:11pm On Sep 20, 2007

BigB1

Sorry to say you are the one crying and backing here

If Ribadu or EFCC has no good reputation they would have been gone since. As the schemers are the high and mighty, immagine someone suggesting that an organisation that has survived onslaughts from a team of the AGF, Presidential election financier, NBA President, Media Mogul, and the unseen hands of President Yaradua himself; lacks credibility. If they are not popular only God knows where EFCC's sauce of life is coming from.

Once upon a time they interviewed people who will replace Ribadu at EFCC but later realised that replacing him will amount to political sucide

They went back to the drawing board to remove the prosecutorial powers of EFCC but reversed their decision 24hrs later when the blowback was too hurt for them.

Then they tried to intimidate the EFCC with a dodgy concept of "rule of law". Which has eventually failed.

now they want to run back to the days of using third term, selective justice and OBJ in the blackmail. All these in my view are just running from pillar to post.

How difficult is it to accept the truth and denounce corruption so that we can take our rightful place in the committee of Nations. (As that in my view is the only solution to the problem called Ribadu)

Politics › Re: Is Mallam Nuhu Ribadu Confused? by McKren(m): 12:38pm On Sep 20, 2007

Besides that what he said yesterday is not more important than what is in the constitution and the act setting up the EFCC.

Politics › Re: Is Mallam Nuhu Ribadu Confused? by McKren(m): 12:34pm On Sep 20, 2007

It was not because of Nuhu Ribadu that the EFCC is not independent of the Presidency today, if I remember vividly the Ken Nnamani led Senate went on to pass the bill but the bill did not get the support of Aminu Bello Masari led House of Representative.

I also remember that during that debate, Nuhu Ribadu did not state explicitly that he is not answerable to the NASS. He only said it was wrong to suggest that an international corruption investigation initiated by the FBI, which affected the VP, should not be informed to the President as it was a matter of National Security. Hence their was need to brief the President about it.

Even at that a Nuhu Ribadu who maintained his routine September report to the NASS (remember that was where he announced the probe of 31 governors) will not say he does not answer to the NASS when he goes to them for appraisal of his activities.
If you have full text or video evidence showing that Ribadu actually said "He does not answer to the NASS" produce it and you will have my unreserved appology.

Nuhu Ribadu is just putting everything he has on line just to serve the public in the most honest way, Like him of Hate him, its entirely your choice but the fact remains that his records speaks volumes. And he is one of the few public officers that honest Nigerians are ready to die defending.

Politics › Re: Should The Attorney General Of The Federation Be Sacked? by McKren(m): 12:26am On Sep 20, 2007

Nigeria should be moving past the level of a public office holder doing what they so wish merely because they have the backing of the president. it is so shameful that those who talk about rule of law and efficiency are yet to site any section of the constitution that supports the Agf's clandestine mission.

if this is how president yaradua wishes to run his government then I will advice he quickly dissolves the electoral reform panel of justice mohamed uwais as he might need a bigger fraud to win any kind of poll in this country.

Politics › Re: Should The Attorney General Of The Federation Be Sacked? by McKren(m): 8:14pm On Sep 19, 2007

For the records:

If the statement that the so called order obtained by Kalu only emphasized that his fundamental human rights be respected, this AGF must tell Nigerians what version of "Rule of Law" he is quoting as according to the Nigerian constitution in section 35 subsection 1c this AGF is misleading the general public.

35. (1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law -

(a) in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty;

(b) by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law;

(c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence;

(d) in the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare;

(e) in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or

(f) for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion, extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto:

Provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence.

It is also worthy of note that EFCC had a court warrant of arrest for Kalu from a Federal high court Abuja before his arrest. Yet to this AGF what amounts to rule of law is mis-interpring the constitution, and placing priority on a court order obtained from a state court over a federal high court.

He must go.

Denex
there is nothing dictatorial in sacking a minister by the President, the constitution backs it and it has been done before anywhere in the world. Though if there is any decency in Aondoakaa he will resign on his own

Politics › Re: Bush Commends Efcc On Anti-graft War by McKren(m): 3:50pm On Sep 19, 2007

I am honestly warried of America's interest in Nigeria, if they are competing for places with china they should do it economically.

They should come and build goods production factories not all this politics.

Politics › Re: Should The Attorney General Of The Federation Be Sacked? by McKren(m): 3:35pm On Sep 19, 2007

BigB1 for the records:

The title of the thread reads "Should AGF be sacked" not "Will he be sacked"

I expected the smart and independent thinker you are to give us legal and constitutional reasons why an AGF who lies and undermines public interest just to favour the interest of his friends should remain in office not telling us that all he does has the backing of the President.

Nobody cares whose backing it has, what we care about is whether this government respects the rule of law it is claiming to defend and whether they are acting in the interest of the generality of Nigerians.

Besides that you talk about not thinking like the average Nigerian, respectfully Sir, can you kindly tell us in the society that makes up those who you think like; what does a public officer have to do in office before he resigns.

Politics › Re: Should The Attorney General Of The Federation Be Sacked? by McKren(m): 2:36pm On Sep 19, 2007

We are not unmindful of the fact that Micheal Aondoakaa may be doing Yaradua's dirty job

But the difference between democracy and dictatorship is that Yaradua needs to be pretending to do the wish of the people and that is why we protest.

It is too early for President Yaradua to allow his administration to be blackmailed thus he is likely to re-appoint another AGF who will bring finesse in doing the President's dirty job.

Aondokaa must go,
and any attempt to sack Aondoakaa and Ribadu together will be resisted because all through this mudslinging Ribadu has acted professionally and kept silent except for when his media correspondent needed to denie EFCC appologising to anyone.

Politics › Re: Should The Attorney General Of The Federation Be Sacked? by McKren(m): 1:44pm On Sep 19, 2007

as a matter of fact it is the AGF who ignored EFCC's court warrant obtained legally from an Abuja high court at a date later than the order Kalu claims to have.

The AGF is selectively quoting only aspects of the constitution that supports his clandestine mission.

Politics › Re: Should The Attorney General Of The Federation Be Sacked? by McKren(m): 1:37pm On Sep 19, 2007

In a society that has shame Presidency would have been scouting for his replacement. See why:

[b]He said Chief Gani Fawehinmi (SAN) had raised fundamental issues to warrant the call for the sack of Aondoakaa (SAN).
He said none of the issues raised by Chief Fawehinmi (SAN) had been faulted nor disproved.

He said that in other climes, Aondoakaa ought to have resigned by now, given his handling of Kalu’s case.
According to Falana, the leave granted by Umuahia High Court, Abia permitting the former governor of the state to enforce his fundamental human rights was not and could not be a prohibition to the prosecution of the governor.

He said that though the court ruled that the leave should operate as stay, he said that it must be remembered that the EFCC did not just arrest the former governor but upon a warrant of arrest legally issued by a Federal High Court, Abuja in favour of the anti-graft agency.
Falana posited that the warrant of arrest was issued after the leave of the court was granted ex-Governor Orji Kalu.

He said that the warrant of arrest must first be reversed before the Attorney-General could be talking of breach of rule of law.[/b]
Aondoakaa must go — AFENIFERE

The pan-Yoruba group, Afenifere endorses the call by Chief Gani Fawehinmi (SAN) that President Umaru Yara’Adua “must find another job for the current Attorney-General and Minister of Justice, Mr. Michael Aondoakaa (SAN) if the regime is not to be labelled corruption friendly.”

The group in a statement said: “Since his assumption of office as Attorney-General, Mr. Aondoakaa has displayed that he lacks the capacity to separate the interest of his former clients
(governors accused of corrupt acts) and the public good which he is supposed to be serving.

“In a nation reeling under a justice administration crying for urgent reforms, Mr. Aondoakaa has seen “rule of law” as only ensuring the protection of the rights of alleged treasury looters.

“Afenifere is for the rule of law and this explains why we opposed the excesses of the EFCC under the Obasanjo infamy. But today we are seeing another extreme where a regime that owes a lot of political I.O.Us to corrupt people is trying to use the “rule of law” to shield them from the long arms of the law.

“Upon assumption of office, the first memo the Attorney-General did to the President was to whittle the prosecutorial powers of the EFCC, a request granted by the President only to be reversed after public outcry. Yet the AG continues to use that power to prevent the anti-graft war from having a bite.

The question to ask is why is it that this obsession for the rule of law is only with EFCC which is trying some ex-governors, who were colleagues of the President. Why is the AG not concerned with millions of Nigerians, who are languishing in jail awaiting trial for years? The recent jail break in Agodi prison in Ibadan revealed that of the 680 inmates of the prison 608 are awaiting trial.

“This is of no consequence to Aondoakaa except the fate of only twenty something ex-governors, who are having cases before the anti-graft body. Is the rule of law in Yar’Adua’s republic like that of Animal Farm where all animals were equal but some more equal than others?
In the specific case of Orji Kalu which has set the AG against the EFCC, we see the minister serving personal interest against public good.

If indeed there is a “black-market” injunction restraining the EFCC from arresting Kalu, the minister should have ensured that order was set aside so that Kalu can face trial and prove his innocence or otherwise. The sheer bravado of the minister betrays his tolerance for corruption which has turned our country to the shame that it is today.

Culled from Vanguard

Politics › Re: Who Is Chief Gani Fawehinmi (san)? by McKren(m): 10:59am On Sep 19, 2007

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

Politics › Re: Who Is Chief Gani Fawehinmi (san)? by McKren(m): 10:23am On Sep 19, 2007

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.

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