Ayo Salami-led investigation panel has been addressed by way of the suspended performing Chairman of the Financial and Monetary Crimes Fee, Ibrahim Magu, over its taste of complaints.
The suspended EFCC boss who wrote via his recommend, Wahab Shittu, additionally decried the presidential panel’s interpretation of its position as a Judicial Fee of Enquiry beneath the Tribunals of Inquiry Act (Cap T21, LFN, 2004).
President Muhammadu Buhari had in a letter dated July 3 licensed the established order of a judicial fee of Inquiry to analyze the embattled former EFCC boss.
The Tribunals of Inquiry Act supplies for public sitting, however says a panel has “in its absolute discretion, to confess or exclude the general public or any member of the general public or the clicking from any assembly of the tribunal.”
Shittu within the letter forwarded to the panel famous that in spite of the powers of the inquiry to exclude contributors of the general public, it’s not for the whole thing of the complaints.
In line with the letter dated August 11, the attorney mentioned the restriction of public listening to must be restricted to a couple of particular eventualities.
“If you wish to exclude contributors of the general public, it must be on decided on events. Now, they have got no longer allowed contributors of the general public to the complaints,” Mr Shittu mentioned.
The attorney accused the panel of violating his shopper’s constitutional proper to an even listening to, describing it as a contravention of President Buhari’s letter and felony.
Magu has been showing ahead of the presidential panel investigating him over allegations of corruption and insubordination for a month now.
He was once arrested on July 6 in entrance of the EFCC’s Wuse II place of business and right away pushed to the Villa the place his probe has since endured.
The allegations have been levelled in opposition to him by way of the Legal professional-Basic of the Federation and Minister of Justice, Abubakar Malami.
“It’s curious and worrisome that an administrative panel of inquiry headed by way of your Lordship having sat and brought proof (each oral and documentary) up to now one month has all at once metamorphosed right into a judicial fee of inquiry. How this comes inside the contemplation of a Fee of the Tribunal of Inquiry Act 2004 could be very questionable,” the letter reads.
“The complaints of this Judicial Fee of Inquiry constituted since third July 2020 by way of Distinctive feature of the tool of appointment has persistently been carried out in personal and many of the witnesses tested with out the presence of our shopper who’s the subject material of inquiry till just lately when our shopper was once allowed restricted get entry to to the complaints together with his recommend who was once no longer allowed to cross-examine the witnesses known as to testify in opposition to our shopper.”
“In particular, our shopper and his recommend have been excluded from the complaints of 11th, 12th,13th of July 2020 among others regardless of presence on the venue of the sittings. In all of the days of exclusion from the complaints of the judicial fee of inquiry, witnesses have been known as, testified, interrogated and paperwork tendered and admitted within the complaints within the absence of our shopper and his recommend.”
“It must be emphasized that the character of allegations in opposition to our shopper is felony. Because of this, his proper beneath the Charter to truthful listening to ought to not were crassly violated within the cases thus far demonstrated by way of the Fee.”
Mr Shittu additionally recounted an instance when a recommend to Mr Magu was once no longer allowed to cross-examine a witness, however “a prerogative was once best given to Mr Magu who isn’t a skilled attorney, regardless of the presence of the council.”
He mentioned: “Our shopper has been denied the potential of elevating objection to and difficult the composition of the fee club, assuming he would have any.”
He additionally mentioned Mr Magu has no longer been ready to get entry to paperwork forming the foundation of witnesses’ testimonies and that many of the witnesses were tested in the back of the again of his shopper.
In line with him, “We apply that oaths weren’t administered on all of the witnesses who’ve given proof ahead of this judicial fee of inquiry.”
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