Governor Nasir El Rufai’s
counsel, A.U Mustapha (SAN), says the governor did not at any time prevent the
Economic and Financial Commission(EFCC) from performing its functions as widely
misreported, rather he went to court to clear his name.
In a statement issued on Saturday
evening by El-Rufai’s counsel, A.U Mustapha (SAN), the governor of Kaduna state
said he approached the court in 2009 to clear his name when he was being
smeared by the anti-graft agency.
El-Rufai was reacting to a widely
reported news and comments which misrepresented Justice Binta Nyako’s
reaffirmation of an earlier declaratory judgement, by portraying him as
preventing EFCC to perform its duties
Mustapha(SAN) reiterated that “at
no point did Malam Nasir El-Rufai seek to stop the EFCC from performing its
statutory functions. He went to court in 2009 to defend his reputation against
an EFCC that was leaking and smearing, not investigating.’’
According to the Senior Advocate
of Nigeria, ‘’EFCC sustained a media campaign that N32bn was missing,
compelling Malam El-Rufai to approach the court for a declaratory judgment
which has since been given in his favour.’’
Mustapha(SAN) reminded that it
was this declaratory judgement that Justice Nyako reaffirmed in her ruling,
reiterating that the declaratory orders in favour of the former Minister of
Federal Capital Territory(FCT) subsist.
El-Rufai’s counsel argued that a
clarification becomes necessary because of ‘’the false and abjectly misleading
reportage of the judgment of the Hon. Justice Binta Murtala Nyako of the
Federal High Court, Abuja delivered on 29th November 2019.’’
The statement recalled that as
Minister of FCT, El-Rufai allocated plots in Abuja to more than 27,000
Nigerians and presided over a transparent process that sold government houses
and earned the Federal Government a whopping N32bn.
El-Rufai’s counsel recalled that
an intensely politicised EFCC had allowed itself to be persuaded into smearing
people.
Mustapha(SAN) argued that ‘’no
decent man would permit slurs on such a stellar record. Therefore, Malam Nasir
El-Rufai approached the court and the court agreed with him that there are no
missing N32bn proceeds of the sale of government houses.’’
‘’The court also held that the
proceeds of the sale of the government houses were properly accounted for and
audited. He joined in the action the audit firm, the Central Bank and many
other agencies, public and private,’’ the statement added.
The Senior Advocate of Nigeria
recalled that El-Rufai had approached the court to determine three cogent
issues.
‘’Whether the Applicant, as the
then FCT Minister/Chairman, Federal Capital Development Authority, complied
with the guidelines approved by the Federal Executive Council (FEC) for the
sale of Federal Government houses in the FCT (SOGH) between May 2005 and May
2007.
‘’Whether the proceeds of the
sale of Federal Government houses in the FCT between May 2005-May 2007 were
properly accounted for or not in accordance with the Federal Executive Council
mandate and guidelines to the Federal Capital Territory Administration (FCTA).
‘’Whether the sum of N32 Billion
(or any sum whatsoever) is missing from the proceeds of the Sale of Federal
Government Houses in the FCT between May 2005 and May 2007.
Thereafter, Mustapha said El
Rufai had sought seven reliefs from the court, which include ‘’a declaration
that the sale of Federal Government houses in the FCT was conducted in
accordance with the Federal Executive Council’s mandate to the FCTA through the
Ad-hoc committee for the sale of non-essential houses in Abuja’
‘’A declaration that the proceeds
of the Sale of the said Federal Government houses conducted by the Ad-hoc
Committee on SOGH in Abuja between 2005 and 2007 were properly accounted for in
accordance with the mandate and guidelines approved by the FEC;
‘’A declaration that the Audit
Report prepared by the 12th and 13th Respondents on the Sale of Federal
Government Houses in the FCT confirm that the Sale of Federal Government houses
in FCT complied with the approved Guidelines for the Sale of Federal Government
properties in FCT and the proceeds were properly accounted for.
‘’A declaration that the proceeds
of sale of Federal Government Houses in FCT between May 2005 and May 2007 were
properly apportioned and accounted for in accordance with the approved
Guidelines as confirmed by the Audit Report of the 12th and 13th Respondents,
dated 20th July 2007.
‘’An order of this Honourable
Court directing the 3rd Respondent to disclose the exact amount of money
remitted to the 5th Respondent as the proceeds of the sale of Federal
Government houses in the FCT between May 2005 and May 2007.
‘’An order of this Honourable
Court directing the 5th Respondent to disclose the exact amount received from
the 3rd Respondent as the proceeds of the sale of Federal Government houses in
the FCT between May 2005 and May 2007.
‘’A declaration that the sum of
N32 Billion (or any sum whatsoever) from the proceeds of the Sale of Federal
Government of Nigeria Houses in FCT between May 2005 and 2007 is not missing.
El-Rufai’s counsel reiterated
that ‘’the fact remains that the court granted all the relief sought by our
client, and we are satisfied with that.’’
The statement lamented that’’
some reporters will choose to twist the judge’s statement, made orbiter, that
the EFCC could not be prevented from performing its functions, thus making it
look as if this suit was about stopping or restraining the EFCC from the
performance of its statutory duties.’’
According to Mustapha(SAN),
‘’what has happened is that Malam El-Rufai got justice from the court and
protected his reputation against those peddling injurious and malicious
falsehood
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