‘I was not Ibori’s lawyer,’ Mahmoud replies EFCC
(Nigeria) The Nigerian Bar Association, NBA, has denied claims by the Economic and Financial Crimes Commission, EFCC, that the new President of the association, Mr Abubakar Mahmoud, SAN, was involved in former Delta State governor’s case, Mr. James Ibori, saying “He (Mahmoud) was not involved in any prosecution or defense of Mr. Ibori in any criminal matter before any court in Nigeria or outside.”
NBA in a statement, said “The attention of the NBA has been
drawn to the statements issued by the EFCC said to be in response to the inaugural
Address of the President of the NBA made in Port - Harcourt, Rivers State on August
26, 2016.
“ It has become necessary to react to the statements given
its unduly harsh and negative tone totally uncalled for when in the culture of
any democratic society, debates about the nature, character and
responsibilities of public institutions must always be encouraged.
“ The inaugural address of the NBA President was a statement
of nearly 30 pages, which sets out his vision and the direct ion of his
programmes for the Nigerian legal profession.
He committed himself to leading a brave new bar fully aligned with the
aspirations of Nigerians in their quest for national development which can only
be anchored on the rule of law built on strong institutions.
“ In the one paragraph of the statement dealing with corrupt
ion, the NBA President restated the
commitment of the NBA in the fight against corruption. He commended
the modest achievements of the EFCC but called for the
reform of the Agency to enhance its capabilities to deliver on its mandate on a
‘consistent and sustainable’ basis devoid of political interference and on the
basis of well -established institutional safeguards that demand the proper
regulation of the wide discretionary powers involved in the investigation and
prosecution of criminal matters.
“ Combining investigative powers with prosecutorial powers
in one single agency, (called the Roskill Model in England), is the exception
rather than the norm. In the UK only the Serious Fraud Office, SFO, enjoys such
combined powers. But given the institutional safeguards, both within the SFO
and the maturity that characterizes the UK Criminal Justice Institutions, the
abuse of such powers will be highly unlikely.
“The NBA Constitution demands that it promotes law reform
and legal development . It therefore commits itself to promoting healthy public
debate about our institutions and interrogating their capabilities and
performance, including ALL criminal justice agencies such as the EFCC. The NBA
will not be intimidated or cowed in the discharge of this responsibility.
“ The NBA condemns in the strongest terms the use of abusive
and uncivil language of ‘rogues and vultures’ and such strictures by a public
authority. Name calling and use of abusive language is not expected of any
public institution. It is unacceptable. The NBA demands unequivocal withdrawal
of this statement and an
unreserved apology from the EFCC.
“ The NBA calls on the EFCC to also endeavour to get its
facts correct before making statements or insinuations. The NBA President, Mr. Mahmoud, SAN, has over
the years supported the work of the EFCC
in many ways and acted as counsel in a number of matters on behalf of the
organization.
“ However, neither he nor his firm has ever represented the
EFCC or the Attorney General of the Federation or been involved in any
prosecution or defense of Mr. James Ibori in
any criminal matter before any court in Nigeria or outside.
“ On the case involving the former Governor of Rivers State,
Mr Peter Odili, the EFCC is aware that Mr. Mahmoud was lead counsel in its
defense in a civil appeal at the Court of Appeal involving the constitutional
challenge of the powers of the EFCC by the Rivers State Government . In spite
of his best efforts, the case has remained stuck in the Court of Appeal, even
after all briefs of arguments had been settled.
“The records of the EFCC will also show that neither Mr.
Mahmoud nor his firm has been paid any fee, notwithstanding the nearly 20 court
appearances in the matter in the course of the last several years involving air
travels (Abuja to Port Harcourt ) and hotel expenses.
“ It is therefore, unkind and misleading for the EFCC to
suggest that Mr. Mahmoud was ever involved in any way in the conduct of its
criminal cases against any of the two former governors,” the statement added.
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