Wednesday came as a shock to the suspended Acting Chairman of the Economic and Financial Crimes Commission, EFCC, CP Ibrahim Magu, and his legal team.
They had come, as usual, before the Judicial Panel of Inquiry probing Magu, on various damning allegations, full of expectations. To them, It was going to be a make or mar day.
Expected to appear was the main man, the star witness, the man whose petition against Magu to President Muhammadu Buhari, triggered Magu’s probe and fate – Abubakar Malami, SAN, Attorney General of the Federation and Minister for Justice.
Magu’s Counsel had, about three weeks ago, asked the Chairman of the Judicial Commission of Inquiry, a retired President of the Court of Appeal President, Hon. Justice Ayo Salami, to subpoena Malami to appear before the Panel.
Malami had fired back immediately, saying he was not afraid to appear before the Commission, and would do so if invited. Based on that, an invitation was extended to Malami. So he was being expected.
But it was not to be.
He may have accepted the challenge too soon, and had no time to think it through. Obviously, when he did, he had a change of mind. He went back on his promise to appear. In his place was a letter he sent to the Panel, explaining why he would not appear before it. He said the privileges of his office would not allow him to appear before the Salami Commission.
Tosin Ojaomo, Magu’s Counsel, said that were shocked by the development, and wondered why he would not come forward to substantiate his allegations against his client. He said the AGF cannot hide behind the Constitution not to appear.
Ojoamo: “We were all gathered at the Presidential Villa for the day’s proceedings when Justice Salami read out a letter from the AGF.
“The AGF stated that he would not be able to testify because his constitutional role does not include testifying. He said his duty was to prosecute and file charges”.
Defending his about-turn in a statement on Thursday, Malami’s office said: ” Attorney-General of the Federation and Minister for Justice, Abubakar Malami, SAN, has said that his non-appearance at the Justice Ayo Salami Panel of Inquiry probing the suspended Chairman of the Economic and Financial Crimes Commission was purely constitutional and not based on any ulterior motive”
But Magu’s Counsel, Ojaomo disagrees. He said: “I was shocked because section 174 of the Constitution does not give the AGF such privileges. Isn’t it funny that the AGF who levelled a series of allegations against Magu is now refusing to substantiate the allegations that emanated from his office.”
In an opinion poll taken by Punch Online, 81 per cent of respondents think Salami refused to appear because he had something to hide.
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