BY VICTOR BUORO, ABUJA – The Federal Government has queried the Acting Chairman, Economic and Financial Crimes Commission (EFCC), Mr Ibrahim Magu and Mr Festus Keyamo (SAN) over the corruption suit brought against the Chairman, Code of Conduct Tribunal (CCT), Mr Danladi Yakubu Umar on behalf of government.
The query dated February 16, 2018, with reference number DPP/ADV:368/15, directed Magu to avail the Attorney General of the Federation (AGF) and the Minister of Justice with his response on or before Tuesday, February 20, 2018.
According to PRNigeria that obtained copies of both queries, Magu is to explain reasons behind the fresh corruption charges against the CCT Chairman having been cleared on two occasions of sleaze allegations by the same Commission.
Titled ‘FR VS Danladi Umar (CR/109/18) request for Briefing’ and signed by the Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr Dayo Apata, the query read in part: “The attention of the Honourable Attorney General of the Federation was drawn to news report that the Economic and Financial Crimes Commission has filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.
“I am directed by the Honourable Attorney General of the Federation to seek clarifications from you as to whether the charges were filed on your instruction or directive and if in the affirmative, what is the compelling basis for doing so. This clarification becomes imperative in view of the following background facts.”
It further stated that the Commission’s investigation report dated March 5, 2015 and addressed to the Secretary to the Government of the Federation (SGF) had stated thus: “The facts as they are now against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the defence.
“The Commission’s position, in paragraph 2(a) above, was also maintained and sustained by the Honourable Attorney General of the Federation while appearing before the House of Representatives’ Investigative Committee sometimes in 2015 to the effect that report of investigations showed that the allegations against Hon. Justice Danladi Umar were based on mere suspicions.
“In view of the foregoing, the Honourable Attorney General of the Federation requests for your prompt briefing as to the existence of new facts which are contrary to the position in your attached investigation report, sufficient evidence or other developments upon which the prosecution of Hon. Justice Danladi can be successfully based.
The query therefore urged the Acting EFCC Chairman to; “Kindly accord this letter top priority while your prompt response within 48 hours from the receipt of same is required in the circumstances.”
Similarly, the AGF also requested Mr Keyamo, purportedly engaged as a private lawyer by the EFCC to prosecute the CCT boss, to confirm who authorised him to file the charge against Umar.
Like Magu, the query gave Keyamo Tuesday, February 20, 2018 as deadline to furnish the AGF Office in writing details of his engagement or authority to file the corruption charges.
Also signed by the Solicitor General and dated February 16, 2018, with reference No DPP/ADV:369/15, the letter read in part: “The attention of the Honourable Attorney General of the Federation was drawn to news report that you have filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.
“The Honourable Attorney General of the Federation hereby requests that you kindly furnish this office with the details of the instruction or authorization upon which you instituted the case under reference. Kindly accord this letter top priority while your prompt response on or before Tuesday, February 20, 2018 is solicited in this regard.”
Interestingly, in separate letters to the Federal Government through the SGF in 2015 and 2016, the anti-graft agency had cleared Umar of any wrongdoing in the alleged N10 million bribery claims brought against him by one Rasheed Taiwo Owolabi standing trial before him on false assets declaration.
Upon receipt of Owolabi’s petition, the EFCC made its findings and thereafter sent its report to the SGF with a Reference No EFCC/EC/SGF/03/56 dated March 5, 2015, personally signed by the then Executive Chairman, Mr Ibrahim Lamorde absolvinge the CCT boss from the bribery claims.
In the report submitted to the SGF on March 6, 2015, the anti-graft agency stated categorically that; “the facts as they are against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the offence.”
Furthermore, extra EFCC’s documents indicated that in 2016, another investigation was conducted into the same N10mn bribery claim and with the same conclusion that indeed it remains mere suspicion. The EFCC’s second report, was dated April 20, 2016 with reference EFCC/P/HRU/688/V30/99, and signed by the Commission’s Secretary, Emmanuel Adegboyega Aremo.
It stated inter-alia; “Kindly recall our correspondence of March 5 2015 with Reference EFCC/EC/SGF/03/56 with above subject caption. We will like to reiterate the Commission’s position in regard to this matter as earlier communicated to you and state that the allegation leveled against Justice Umar were merely suspicions and consequently insufficient to prosecute the offence.”
Insiders hinted that EFCC’s recent arraignment of Umar on criminal charges is considered an embarrassment to the Federal Government as it contradicts earlier EFCC reports that cleared the CCT boss of any wrongdoing.
Competent sources said an uncomfortable AGF is furious the EFCC engaged Keyamo behind his back as a private counsel to prosecute the CCT boss in purported corruption charge given that the SAN is also serving as counsel to Rasheed Taiwo Owolabi currently standing trial at the CCT. Owolabi had accused Umar in the course of his trial on criminal offence.
On February 2, 2018, the EFCC brought a two-count charge against the CCT Chairman Danladi Umar bordering on alleged receipt of N10m bribe from one Rasheed Owolabi Taiwo. The charge was signed by Festus Keyamo as a private prosecuting counsel and one Offem Uket, an official of EFCC. Umar was accused of receiving N1.8m through his Personal Assistant, Gambo Abdullahi to extend favour to the petitioner standing trial for a criminal offence before the tribunal. No date has been fixed for arraignment of Umar at the FCT High Court, Abuja.
Meanwhile, sources close to the AGF’s Office claimed that there are moves to drop the corruption charge against Umar as a face saving measure to avoid further ridiculing of the Buhari’s anti-corruption fight that continues to receive many knocks in the public space.
