Davidson Iriekpen and Ali M. Ali in Abuja
23 December 2008
Lagos — Former Minister, Federal Capital Territory (FCT), Mallam Nasir el-Rufai, has accused the Economic and Financial Crimes Commission (EFCC) of "shifting goal posts" in a "fishing expedition" to nail him at all cost.
Speaking to THISDAY yesterday through his counsel, Mr. A. U. Mustapha, following his being declared wanted by EFCC, El-Rufai maintained that he had done nothing wrong to warrant the manhunt.
The lawyer said: "The EFCC is talking N32 billion now, whereas the invitation they sent el-Rufai said the commission was investigating allocation of FCT plots, an issue on which they had earlier interacted and obtained statements from him on PHCN and NIPOST plots. It is not within the EFCC's remit to investigate land allocation, and they know it. That is why they are going for another charge based on further mischief.
"They also know that there is no missing N32 billion from the sale of Federal Government houses. The monies from the sales were always intact. The funds had grown to N46 billion (in interests) and they were recently recalled from commercial banks and lodged at the Central Bank. That is why Remi Babalola, Minister of State, Finance, was able to announce that the monies have been recovered."
He said the EFCC never invited el-Rufai over the money only to declare the former minister wanted over the issue.
"But the main point here is that el-Rufai has never been invited or interviewed on the matter of N32 billion. Thus it cannot be the basis for declaring him wanted. It is an afterthought on the EFCC's part, and this is no way to treat a man who has given excellent service to this country," he said.
He accused the EFCC of embarking on a mission to embarrass the former minister, especially as the government itself has confirmed that no money is missing.
"Clearly they are out to embarrass him, using investigation as a smokescreen. El-Rufai's lawyers are determined to use the law to defend his reputation, his integrity and his liberty. The government has already conceded that no money is missing from el-Rufai's tenure. So what is the EFCC getting at when its alliance with known looters is waxing stronger?" he said.
EFCC had declared the former minister wanted on Sunday "for abuse of office and misappropriation of public funds to the tune of N32 billion".
The agency, had some weeks ago, invited the former minister to appear before it on November 28, 2008 in connection with petitions against him in respect of alleged mismanagement of proceeds of N32 billion accruing from the sale of Federal Government property in Abuja.
However, the former minister, through his lawyer, had written to the commission informing it of his inability to honour the invitation as a result of his studies overseas. He asked the commission to send its questions to him.
This prompted EFCC to grant him another three weeks "of grace".
In a bid to prevent the commission from declaring him wanted or ordering his arrest over the matter, el-Rufai later dragged EFCC to the Federal High Court, Abuja.
And in a British Broadcasting Corporation (BBC) interview last Saturday, the former minister said he would not return to the country to honour the invitation until he had completed his studies in the United States where he is currently studying for a Master's degree in Public Policy and Public Management, at Harvard University Kennedy School of Government.
A statement on Sunday by the Head, Media and Publicity of the commission, Femi Babafemi, said: "The need to declare el-Rufai wanted became imperative following his failure to honour a simple invitation from the commission to respond to weighty allegations leveled against him in petitions being investigated by the commission".
But the counsel to el-Rufai had reacted immediately, saying the EFCC could not now arrest him after legal process had commenced on his matter.
Mustapha said he had filed a suit numbered FHC/AB/CS/669/2008 on behalf of el-Rufai at the Federal High Court, Abuja, seeking to restrain the commission from declaring him wanted, arresting, intimidating or harassing him pending the determination of the suit.
He said the commission "cannot attempt to undermine the course of justice in a regime that seeks to respect the rule of law."
He said: "The case was filed Monday, 15 December 2008, and service was effected on the EFCC the following day in line with the judicial decisions in Obeya Memorial Hospital Versus AG of the Federation and Ojukwu Versus Governor of Lagos State."
He further said the commission had been served with the legal processes, stating that it could not have claimed ignorance of this.
Mustapha claimed that he had forwarded a letter to that effect to the commission's Director of Operations, Mr. Tunde Ogunsakin, to notify the commission of the pending suit and to request the commission to stay action pending the determination of the suit.
Meanwhile, EFCC operatives yesterday arrested former Minister of Aviation, Mr. Femi Fani-Kayode, on allegations of money-laundering of over N230 million found reportedly in his account.
A source at the commission said Fani-Kayode was arrested following investigations which revealed that "his former aides paid various sums of money ranging from N10 million to N15 million into his personal account while serving as minister".
The source added that the former minister, who was arrested at about 11am, was lured to the commission's office after which he was arrested and detained.
EFCC spokesman, Mr. Femi Babafemi, who confirmed the arrest, said Fani-Kayode would be arraigned at the Federal High Court in Lagos today.
"Former Minister of Aviation, Mr. Femi Fani-Kayode was today arrested by the EFCC in Abuja following investigation that his former aides paid various sums of money ranging from N10 million to N15 million totalling N320 million into his personal account while he was serving as minister.
"He will be arraigned before a Federal High Court in Lagos tomorrow," he said.
The former minister was in July arrested alongside his predecessor, Dr. Babalola Borishade, by the commission over the controversial disbursement of the N19.5 billion Aviation Intervention Fund approved by the administration of former President Olusegun Obasanjo in the wake of recurring air crashes in 2005 and 2006.
Others arrested with the former ministers then were former Managing Director of the Nigerian Airspace Management Authority (NAMA), Mr. Roland Iyayi; and the Nigeria representative of Avsatel, Mr. George Eider; an Austrian firm that won the N6.5 billion contract for the rehabilitation of towers in four of the nation's airports.
They were, however, arraigned before an Abuja Magistrate's Court. After a brief denial of bail, they were later granted bail by the court.
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