Malami: Prosecutor Indicts AGF Over Tumsah Brothers

By Ola Samuel

Abubakar Malami, Nigeria’s Attorney General and Minister of Justice who likes to portray himself as the champion of the President Muhammadu Buhari’s war against corruption is now being seen as the protector of highly corrupt but rich Nigerians.

In a recent interview, his media aide Dr Umar Gwandu, said Malami “is the one championing the anti-graft campaign of the government”, adding that “All the successes recorded in that direction were a result of” Malami’s “commitment especially in initiating and supporting justice sector reform, Executive Orders, anti-money laundering strategies, reparations and recovery of looted assets, among others.”

But in the light of recent revelations by Oluwatosin Ojaomo, a prosecutor with the dissolved Special Presidential Investigation Panel for Recovery of Public Property, SPIP that Malami is trying to shield two brothers, Ibrahim and Tijani Tumsah from prosecution, the nation’s chief law officer has unwittingly walked into the trap of those who claimed that he dines with highly corrupt individuals in the country.

The panel headed by Obono Obla was dissolved last year by President Buhari under controversial circumstances.

Itsey Sagay, chairman of the Presidential Advisory Committee Against Corruption, PACAC has accused Malami of being “very lukewarm to the anti-corruption war; he doesn’t play his own part. As AGF, he is supposed to coordinate common platforms involving the fight, common platforms where PACAC, ICPC and EFCC operate; he has not been forthcoming at all.”

The senior advocate of Nigeria, SAN was responding the suspension of Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission, EFCC by President Muhammadu Buhari on the recommendation of the AGF.

Ojaomo in a petition sent to President Buhari, Vice President Yemi Osinbajo, the Inspector General of Police, IGP and other top government officials, the prosecutor alleged that Malami, has failed to bring the two brothers to justice, contrary to his oath of office.

Ibrahim and Tijani, he said have been found to embezzled public funds running to several billions of naira, by the defunct Obono Obla Presidential Advisory Council on the Recovery of Public Assets but are still moving about as free men.

Ibrahim is a former director of Finance in the defunct Ministry of Power, Works and Housing while his brother, Tijani was Vice President of the now dissolved Presidential Committee on North-East Initiative.

Ibrahim, the elder was described by the Nigerian Monitor as the ‘most corrupt’ civil servant in Nigeria, while online Magazine known as BizWatch profiled him in August 2017 as a “Corrupt Billionaire ……. Who is Richer Than Four Northern Governors.”

The duo were alleged to have acquired properties, including mansions in Abuja and exotic cars with public funds, which the Obla committee, seized from them based on an order from a federal high court, but has now been handed over to them by the AGF.

The properties include  four houses in Wuse 2 and Jabi and a quarry plant in Kuje, Abuja, as well as 86 exotic vehicles comprising Wrangler SUV; Audi ASL; Toyota Hilux van; Ford Taurus; Mercedes Benz S550; Mercedes Benz GL 550; Toyota Land Cruiser; Toyota Prado SUV and many other expensive vehicles.

In the letter referenced no. OOC/TOL/12N/07/2020 dated July 14, 2020, entitled, ‘Request for the prosecution of Ibrahim Tumsah and Tijjani Tumsah for contravention of the Recovery of Public Property (Special Provisions) Act, 2004,’ the prosecutor said the AGF has failed to prosecute the two brothers despite damning evidence that they stole from the public.

The suspects, he explained would have been prosecuted by the Obla Panel, which could not do so because it lacked powers in that respect.

This later led to the striking out of the matter by the Court of Appeal last year.

Ibrahim is now the Interim National Secretary of the All Progressives Congress, APC Caretaker Committee set up last month by President Buhari and headed by Governor of Kebbi state.

In the letter which the Inspector General of Police is also copied, the prosecutor said all the cases inherited by the AGF Ofiice, including that of the Tumsa brothers have gathered dusts in the Ministry.

He said  “Until the removal of the members of the panel, your office refused to give the approval which led to the dismissal of the suit against the duo (Ibrahim and Tijjani) and other matters instituted by the panel.

One would have expected you to use your good offices as the AGF to save this matter by taking over and prosecuting them, but the ones that were taken over by your office were either withdrawn or application made for them to be struck out.

This action has struck big damage (sic) to the anti-corruption war of this government as most of the criminal suspects indicted after investigations are back to town enjoying the stolen assets.”

He said Malami’s action is having a great toll on the administration’s war against graft.

According to him “The petition observed that it had been close to one year since the SPIP was dissolved by the President with a directive that all the matters handled by the panel should be handed over to the AGF for review and possible prosecution.

None of the suspects has been charged to court as the case files are currently being kept in view at your office without any action and in clear violation of section 1 of the Administration of Criminal Justice Act, 2015,” the lawyer admonished Malami.”

The Tumsah brothers are now allowed to enjoy their loots because “the properties which were seized from them worth billions of naira had been returned to them under suspicious circumstances,” the lawyer said.

Meanwhile, Malami has faced public backlash following his lavish wedding party held for his son Abdulazeez Abubakar Malami, on July 11.

The party, attended by top government officials and private sector CEOs, witnessed the spraying of American dollars and other currency while guests openly flouted the COVID 19 safety protocols.