Anti-graft: HURIWA seeks arrest, prosecution of Magu, Lawal
(Nigeria) A non-governmental organisation, Human Rights Writers Association of Nigeria, HURIWA, has described as deceptive and illegal, the directive by President Muhammadu Buhari to Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, to investigate allegation of fraud made against acting Chairman of Economic and Financial Crime Commission, EFCC, Ibrahim Magu and Secretary to the Government of the Federation, Engineer Babachir Lawal.
HURIWA in a statement in Abuja on Wednesday, argued that the
specific constitutional provisions that created the office and functions of the
AGF, did not confer the power of investigation to occupant of the office.
Citing section 174 (1) (a) (b) and (c) and subsection (2)
and (3) of the 1999 constitution, as amended, HURIWA said it would amount to
political forum shopping for President Buhari to ask the Justice minister to
carry out the routine policing responsibilities.
It said, "The
Attorney-General of the Federation shall have power -(a) To institute and
undertake criminal proceedings against any person before any court of law in
Nigeria, other than a court-martial, in respect of any offence created by or
under any Act of the National Assembly; (b) To take over and continue any such
criminal proceedings that may have been instituted by any other authority or
person; and (c) To discontinue at any stage before judgment is delivered any such
criminal proceedings instituted or undertaken by him or any other authority or
person.
“The AGF only has prosecutorial powers, even as it alleged
plot to provide soft-landing to top government officials who have breached the
Federal Government's anti-corruption standpoint for their own personal
aggrandisement.”
National Coordination of HURIWA, Emmanuel Onwubiko and the
National Media Affairs Director, Zaianb Yusuf, in the statement noted that
available f evidence as tendered to the National Assembly, "are strong
enough to constitute the materials needed for the prosecution of the duo of the
acting Chairman of Economic and Financial Crime Commission, EFCC, Ibrahim Magu
and the Secretary to the Government of the Federation, Engineer Babachir Lawal.
"The directive for another probe by the Federal
Attorney General and minister of justice who himself has come under intense
accusations of fraudulent practices and other illegality such as authorising a
misguided secret policing institution to embark on the midnight invasion of
private homes of judges can not now be seen investigating other accused high
profile government officials some of whom are his political party partners.
This is an attempt at time wasting and is diversionary.”
HURIWA said there is no provision known to the constitution
nor indeed any extant statutes that clothed the office of the Federal Attorney
General with the typical police authorities of investigation.
It said that the appropriate step that ought to have been
adopted by President Buhari was to have directed the Nigeria Police Force to
arrest Magu and the SSG, Lawal, and jointly work with the office of AGF to
commence immediate prosecution in the competent courts of law under section 6
of the Nigeria constitution.
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