Protests on Wednesday greeted the Federal Government’s withdrawal of the N446.3bn theft charge it instituted against Mohammed Abacha, son of a former Head of State, the late Gen. Sani Abacha.
Those who flayed the action which took place at the Federal Capital Territory High Court, Abuja, were prominent Lagos lawyers – Femi Falana, Jiti Ogunye, Fred Agbaje and Femi Aborisade – as well as the Chairman of the Coalition Against Corrupt Leaders, Mr. Debo Adeniran; and his Civil Society Network Against Corruption counterpart, Mr. Lanre Suraj.
While some of the lawyers argued that the government action had serious negative implications on the country’s anti-graft campaign, Adeniran and Suraj said it had a political undertone.
The government had preferred nine counts of stealing against Mohammed in February 2014.
It had accused him of unlawfully receiving about N446.3bn allegedly stolen from its coffers between 1995 and 1998.
But on Wednesday, the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke, asked Justice Mamman Kolo of the FCT High Court to strike out the charges on the grounds of “fresh facts” that just emerged concerning the case.
He was silent on whether new charges would be filed against Mohammed or not.
Efforts to arraign Mohammed on two previous occasions were unsuccessful because of his repeated absence from court.
But he was present in court on Wednesday when a private prosecuting counsel, Daniel Enwelum, informed the court of Adoke’s instruction to discontinue the case.
Applying to court for the withdrawal of the case, Enwelum said, “I have been instructed by the AGF and Minister of Justice to withdraw the charges as presently filed before this court, because there are fresh facts and documents available to him.
“In this circumstance, he instructed me to file a notice of withdrawal without prejudice to future cause of action to be taken by his (AGF’s) office.
“In the light of that, I have filed a notice of withdrawal dated June 17, 2014. I humbly apply to withdraw the charges accordingly.”
Mohammed‘s lawyer, Abdullahi Haruna, did not oppose the application for withdrawal.
Justice Kolo subsequently made an order striking out the charges against the accused.
In the nine counts, the Federal Government accused Mohammed of “dishonestly receiving stolen property” and “voluntarily assisted in concealing money.”
The charge replaced a previous one of 121 counts, in which Mohammed was charged with Atiku Bagudu. The government excluded Bagudu from the fresh charge, leaving only Mohammed.
According to the charge, marked CR.21-24/2008, the stolen money allegedly received by Mohammed included $141,100,000 and $384,353,000 made up of cash and travellers’ cheques.
But Falana said the withdrawal of “such grave corruption charges has serious implications for prosecuting anti-graft cases.”
“On the basis of equality before the law, anyone being prosecuted for fraud or corruption can file applications to have their cases withdrawn and struck out by all criminal courts in Nigeria. By the way, has the loot of N400bn been refunded by Mr. Mohammed ?,” he asked.
On his part, Ogunye, said the withdrawal was an embarrassment to the Supreme Court, which had earlier ruled that Mohammed had a case to answer over the same charges.
He said, “The development is very sad for the rule of law, the administration of criminal justice system and the fight against corruption in Nigeria. With the withdrawal, which followed the recent verdict of the Supreme Court that Mohammed has a case to answer.
“The message that is being sent to the judiciary is that ‘we are at home with corruption, we are government of corruption and we promote corruption.’”
Ogunye added that the withdrawal was “a crude and rude slap on section 15(5) of the constitution which says that the state shall abolish all corrupt practices and abuse of power.”
He noted that Adoke had by his action offended the philosophy of equality before the law, as many Nigerians facing charges for petty theft “have no such opportunity of the charges against them being withdrawn.”
Also, Agbaje described the withdrawal as a political decision taken as part of President Goodluck Jonathan’s strategy to win Kano State at all costs in his re-election bid.
He said, “It is a political decision. It is all an attempt by the ruling party to win Kano State at all costs in the election.
“In fact, condemned armed robbers could even be granted political amnesty towards 2015 general election.”
Aborisade, who admitted that the AGF had power to withdraw such cases under 174(1)(c) of the 1999 Constitution, said, “I hold the opinion that the withdrawal of the charge is not in conformity with section 174(3) of the same constitution.”
Also, Adeniran, who described the action by Adoke as embarrassing, added that it was “another graphic example that the present administration takes sides with corrupt elements in the society.”
He added that the decision was a product of a bargain with Mohammed for the political future of Jonathan.
He said, “They would not have done that for nothing. It could have been done to promote a political agenda of the President Jonathan administration.
“President Jonathan should not use the future of Nigeria to bargain for his ego or political interest.”
He called on the anti-corruption agencies in the country to be bold enough to “dissociate themselves from the embarrassing intervention by the Attorney General of the Federation.”
Suraj,on his part, said the development was the most unpatriotic action of the government.
He said, “It is the most unpatriotic action undertaken by this government reputed for encouraging corruption and negotiating shady deals with local and international criminals who have defrauded the country.
“Stakeholders are therefore charged to explore available options to ensure the retrieval of the money.” Click to signup for FREE news updates, latest information and hottest gists everyday
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Jonathan it's 2015 at all cost. Just to have a grip of Kano state. I'm sure if Anini was alive, he would have been pardoned to get Edo state. D most corrupt president ever!
ReplyDeleteFederal government, this one get as it be oooh! I've said my own.
ReplyDeleteI cry for Nigeria......Can someone please tell me that this is not happening! May be it's a dream......How can federal govt do such a thing....????
ReplyDeleteyes the fg is right. the family has suffered enough. is abacha the only looter? is it bc he is dead? what did you do to other living politicians who loot more than abacha. enough is enough.
ReplyDeleteUre a bloody criminal urself. It not ur fault. Hear Wat the idiot is saying.
DeleteAnonymous 8:51, You must be a nincompoop, a moron, and a drunken fisherman from Otueke to support freeing a confirmed Thief. You must also be a Thief like your brother GEJ.
DeleteWho will be surprised over this shameful act of GEJ? The same they did to the mouthy Fani Kayode - he had to defect to PDP so as to get free from his money laundering prosecution. I think this has to be fought by all. Useless politicians playing with our future.
ReplyDeletethe can president will not say anything or lead any protest, cos he is part of the courrption we see in this country
ReplyDeleteKash! Dis gofment sef!! First Al-Mustafa is freed, to the chagrin of millions of Nigerians; then the FG, to add salt to serious injury, drops the charges against Mustapha's pal, Abacha. I no dey understand dis gofment.
ReplyDeletepdp- power demonic people. prostitute developing power. perverted deadly people. people degenerated passion.
ReplyDeleteWhat are to expect from GEJ led administration?first it was the father that was awarded now the son was freed of his crimes to humanity now some pple will still have the guts to say GEJ is our hero! What a fucked up system.
ReplyDeleteMark
corruption in high places, if the AGF will not say NO to such request by GEJ how are we suppose to trust our judiciary? everything is just messed up in this country. GEJ should not expect winning in 2015, a lot of people are angry about the way he is handling matters that affects the public.
ReplyDeleteThe Hausas are yet to take any oil money from the so called our resources.
ReplyDeleteAbacha gave you Bayelsa state so you are paying him for a service well commended.
Don't worry.
You ain't see nothing. Any way, thank God Ijaws should now know that the oil money is for everybody.
Ijaws (The Asari Dokubos) must not shout for resource control again. God made the resources for us all.
Which way Nigeria?Corruption has come HOME to rest nd dwell wit us.We now see dat truly power corrupts nd ABSOLUTE power corrupts absolutely.....God help nd save Nigeria.
ReplyDeleteasari is free,ateke tom is free,tompolo is free, robert akubo is gej aide,almustafa freed, abacha mohammed d same tin,next is kabiru sokoto. A president dat luvs teror n militncy. Gej u r foolish 4 dis single act. Hw den wil u probe corupt ppl. Bastard. I regret my vote
ReplyDeleteWe are win the war against corruption says PDP -led federal government and i wonder how long it will take some 'anonymous moron' to desist from insulting who 'speak out' his/her mind concerns the desperate government.
ReplyDeleteHow can you win this war against corruption when your 'body language' encouraged it? (Tambuwal said it before) this list endless(still counting)
The country must remove Jonathan as its president, if it wants to survive. Young men and women, where are you? Voting Jonathan/PDP back into power is the worst that you can do to yourselves. Your future is absolutely bleak under Jonathan who has shown over and over again that he is more corrupt than the devil. The Senior Abacha looted the country completely, yet baracks and other places of importance continue to be named after him. How much more stupid can we be? Diezani is one of the biggest rogues in the country, yet Jonathan tried recently to have her head up OPEC, even with the charges of corruption hanging over her head. When shall we Nigerians learn? Jonathan spells doom for the nation. Why don't we show him the exit with our votes. It's only under Jonathan that a common criminal like Dokubo Asari will thrive. This is only because Nigerians fold their arms and expect God to save us. He will not, unless we show him that we are serious!
ReplyDeleteGovt saw that the prosecution was not properly framed. they wish to re-frame it properly. Dont lose ur sleep over that. Meanwhile, Abacha pls remember in ur kingdom. Anything little will do.
ReplyDeleteThis freedom must go round GEJ. You pardoned Alams, your former boss and now Abachas son. How about Tafa Balogun and Bode George? Let this thing go round o. Nigerians are not corrupt any longer. All is well with us. Some people are used to making noise on petty things. There is a lot of difference between stealing petty sums of money and corruption. The noise makers should let us be o.
ReplyDeleteI see a situation similar to what happened in Ghana under Rawlins happening in Nigeria very soon. All those that stole from this country will be arrested, lined up including their family members and shot in the head. I am so angry at the way politicians steals without conscience. I am also very surprise at GEJ and his ineptitude followers. This man just don't get it.
ReplyDelete