Olatubosun Sowemimo
17 September 2007
Lagos — LAGOS lawyer and human rights activist, Chief Gani Fawehinmi (SAN), yesterday called for the immediate removal of the Attorney-General of the Federation (AGF) and Minister for Justice, Mr Michael Aondoakaa (SAN) from office, saying his actions and utterances are not in consonance with the avowed pronouncements and promises of the Federal Government to fight corruption by all means.
Chief Fawehinmi in a statement yesterday from his hospital bed in London where he is recuperating from surgery stated that as long as Aondoakaa remains in office, Nigeria will continue to be a laughing stock in the international community since the whole world is now fighting corruption by political leaders who have through their corrupt practices, made life unbearable for their people in the midst of plenty.
Daily Champion recalls that the AGF had penultimate week relied on Section 174 of the constitution in exercising his powers to institute, undertake, take over and continue or to discontinue any criminal proceeding in respect of federal offences, when he suddenly took over the prosecution of ex-governor of Abia State, Dr Orji Uzor Kalu from the Economic and Financial Crimes Commission (EFCC).
The development followed Kalu's application to quash the charges slammed on him by the EFCC, for which he is currently standing trial before a Federal High Court, Abuja.
Kalu premised his application on the ground that an Abia State High Court in Umuahia had earlier granted an order in his favour, restraining the EFCC from arresting, detaining and prosecuting him. He said the Federal High Court Abuja should declare his on-going trial null and void since it violated the court order.
Without any prior notice the Federal Director of Public Prosecution (DPP), Mr Salihu Aliyu appeared for the federal government on the commencement of the hearing on his application, while EFCC counsel, Mr Adeisi Adebisi also appeared both as prosecutors.
Aliyu said that he was acting on the instructions of the AGF as the number one legal officer of the country, under who every other body or institution is subsumed under, and that the order, Kalu relied upon was obtained without federal government's representation, while it was even unsafe for the EFCC to appear in the matter.
Fawehinmi condemned Aondoakaa's action, saying his understanding of the rule of law was distorted as he is acting against the fundamentals of his powers under the said section.
He cited the decision of the Court of Appeal on the roles of the AGF in the case of Anyabe vs Adesiyan.
Quoting the ruling, he noted that: "The AGF is expected to have regard to the public interest, the interests of justice and the need to prevent abuse of legal process. The AGF of either the federation or a state cannot use his powers under the constitution to subvert the other provisions under the constitution."
The legal icon identified corruption as the bane of Nigeria's development and has prevented the country from making political, social and economic progress, denying millions of Nigerians access to education, housing, health, food and infrastructure.
"While 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 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 and 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." Fawehinmi stated in a 13-page statement dated yesterday.
He further noted that the AGF is not performing his duties the way other AGF in other countries perform their duties, citing five Attornies General from five countries; the United States of America, Phillipines, Zambia, Indonesia and Israel, saying they have all at one time or the other (including last week) ensured that corrupt past and present public officers in their countries never escaped justice but saw to their conviction, refund of ill gotten monies and even imprisoned for their misdeeds.
He outlined seven major reasons why Aondoakaa's removal is important to the country's welfare and image locally and internationally. For instance, he said that the AGF has been unduly castigating, humiliating and vilifying public institutions and their officers assigned to fight corruption by the constitution, adding that his behaviour unequivocally demonstrates his bias for past public officers now facing criminal charges.
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