Appeal Court Will Set Magu Free – Counsel |The Source

By Adesina Soyooye

Already looking beyond the Hon Justice Ayo Salami Judicial Panel set-up by President Muhammadu Buhari to investigate the various allegations against the suspended Acting Chairman of the Economic and Financial Crimes Commission, EFCC, CP Ibrahim Magu, his lead Counsel, Wahab Shittu, says the Appeal  Court will set his Client free if found guilty by the Panel.

Shittu, who, in a statement, Wednesday,picked holes at the proceedings of the Tribunal, said it was being very unfair to Magu

He criticised the panel for its continuous invitation to witnesses behind Magu’s  back, six weeks after Magu had closed his defence, describing such action as patently illegal and offensive to the principles of fair hearing.

He alleged that the witnesses being invited by the Panel are those either under investigation, or under prosecution by the EFFC.

Shittu: “We 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.

“About six weeks ago, our client concluded his defence. Between that time and now, a lot has happened. First, the Panel embarked on a verification  exercise of assets nationwide in the absence of our Client. Verification of assets is part of evidence gathering, and can be likened to locus-in-quo.”

Shittu cited Section 207(2) of the CPA, and argued: “The accused shall be present at the view. The accused must be present at the locus. If an inspection of the locus is undertaken, and the accused  person is absent, this is an irregularity.

“If the accused suffered a miscarriage of justice as a result of this irregularity, an Appeal Court would set aside a conviction…” see identical provisions contained in CPC, s, 234 and proviso (11) to Evidence Act Sec. 76.”

The Counsel, also, slammed Salami for inviting officials of the Commission under the guise that while Magu was in office, he was interfering with the functions  of the Nigeria Financial Intelligence Unit, NFIU.

But, on the contrary, he said, Magu only set-up the Anti-Money Laundering and Countering the Financing and Terrorism Unit.This Unit is  responsible for intelligence gathering – to solve the allegations that the EFCC engages suspects without prior intelligence which affects and hampers proper investigation of  cases.

President Buhari set up the Judicial Panel under the Chairmanship of  Salami, a retired President of the Court of  Appeal, based on a damning petition to the President by the Attorney General of the Federation and Minister for Justice, Abubakar Malami, SAN, against the suspended EFCC Acting Chairman.

This is not the first time a member of  Magu’s legal team would lay allegations of unfair hearing, and wanting to find him guilty by all means, against Salami and his members.