TheCable

Wahab Shittu, counsel to Ibrahim Magu, suspended chairman of the Economic and Financial Crimes Commission (EFCC), says the Salami panel is sitting in the absence of his client. 

Magu, a commissioner of police, is being investigated by the presidential panel headed by Ayo Salami, former president of the appeal court, over alleged mismanagement of recovered assets.

In a statement on Tuesday, Shittu alleged that the panel was inviting witnesses who are under prosecution by the EFCC to testify against Magu six weeks after he had closed his defence.

He said the calling of witnesses in the absence of Magu violates the fundamental principle of fair hearing to which his client is entitled to.

”We also understand from reports reaching us that the panel has continued to invite witnesses, about six weeks after our client has closed his defence. The invitation of witnesses (who have cases to answer and those who are being prosecuted by the EFCC) to testify behind my client and the verification of assets in his absence are patently illegal and offend the principle of fair hearing,” he said.

He also said it was reported that the panel would recommend that police officers should no longer be operatives of the EFCC.

This, the lawyer said, was beyond the brief of the panel because it has no power to make such changes.

“We had waited patiently for a rebuttal of this story. Unfortunately, the story has not been retracted, forcing us again to respond to the misleading report,” Shittu said.

“As counsel of choice to Magu, our immediate reaction is one of shock that the panel could contemplate what is clearly outside its mandate for undisclosed reasons. Clearly, we are unable to understand how a judicial commission of enquiry constituted by law will arrogate to itself powers outside its statutory mandate including taking over the functions of the national assembly to amend the EFCC Act 2004.

“Our client, who is incorruptible and remains innocent of all the allegations levelled against him by his accusers, was appointed by President Muhammadu Buhari in line with the EFCC Act.

“We wish to state with high sense of responsibility that if the media report on the matter is true, it is dead on arrival as the appointment of the EFCC boss is clearly spelt out in section 2(1)(a)(i-ii) of the EFCC Act 2004.”

He said for the avoidance of doubt, the law states that the EFCC chairman should be a serving or retired member of any government security or law enforcement agency not below the rank of an assistant commissioner of police.

Magu’s counsel said it would appear that the panel is setting out to work contrary to the terms of its reference.

The lawyer wondered why the panel would “sit in private when the instrument signed by the president specified public sitting?”

Shittu also sought to know who ordered Magu’s detention and why he was held for 11 days.