By Lukman Amusa
Wahab Shittu, council to the suspended chairman of the Economic And Financial Crime Commission(EFCC) Ibrahim Magu, has described the recommendations of Justice Ayo Salami (rtd) led judicial commission of inquiry as dead on arrival. According to the lawyer the recommendations is targeted at ousting his client from the exalted seat.
Shittu said the recommendation of the panel is not in tandem with the appointment of the EFCC boss, it was clearly spelt out in section 2(1)(a)(i-ii) of the EFCC Act 2004.
He said, “We were further alarmed with media reports stating: “If the plan to remove the police from the EFCC is approved, it will foreclose the recall of Acting Chairman Ibrahim Magu”. 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 Unfortunately, the story has not been retracted forcing us again to respond to the misleading report.
“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 Inquiry 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.
““For the avoidance of doubt, the said section states as follows – (1) The commission shall consist of the following members: (a) A chairman, who shall (i) Be the chief executive and accounting officer of the commission; (ii) Be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent.
“This is the position of the law guiding the operations of EFCC as at today until the National Assembly amends the act. This will appear to be what the Salami Judicial Commission of Inquiry is setting out to do contrary to the terms of reference of the commission.”
lending his voice, a retired Assistant Inspector General Of Police (AIG) Bala Hassan also faulted two of Justice Ayo Salami Panel’s recommendation which seeks to oust police officers from the leadership of the Economic and Financial Crimes Commission and the recommendation asking the Chairman of the commission to stay in office for two years at the first instance
Hassan said both recommendations fly in the face of the EFCC ACT 2004.
According to the retired cop who now lectures in University of Lagos, the recommendation of the panel if true is dead on arrival as the appointment of the EFCC boss was clearly spelt out in section 2(1)(a)(i-ii) of the EFCC Act 2004 which says: (1) The Commission shall consist of the following members‐ (a) a Chairman who shall‐ (i) be the chief executive and accounting officer of the Commission; (ii) be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant‐Commissioner of Police or equivalent; and (iii) possess not less than 15 years cognate experience’’
Secondly,’’ as learned men I expect them to know too that the tenure of the chairman is spelt out in the constitution, hence it can’t be changed without an amendment of the EFCC ACT. Section 3(1) says (1) The Chairman and members of the Commission other than ex officio members shall hold office for a period of four years and may be re‐appointed for a further term of four years and no more. Where then did the panel derive their power to amend the constitution” he asked
“If the performance of the last EFCC Chairman is what informed their decision to look outside the police force, they should rather question the process that led to his appointment because the police force is filled with better educated, exposed and thorough investigators’’ Hassan added.
