Salami Panel: Again, Magu’s Counsel Makes Case for Fair Hearing

Salami Panel: Magu’s Counsel Makes Case for Fair Hearing

SALAMI PANEL CAN’T SUBMIT INTERIM REPORT WITHOUT HEARING FROM
MAGU- WAHAB SHITTU

Based on press enquiries on my clients’ response to the story on
The Cable news online medium captioned “Exclusive, Salami panel
asks Buhari to fire, prosecute Magu for corruption”, we wish to
state as follows:
1. We are unaware of the source of the story and we are actually
shocked that such a false story is being orchestrated in the public
space, contrary to the stage of ongoing proceedings before the
panel. We wish to state with high sense of responsibility that our
client is yet to formally present his defence. Proceedings are
ongoing and witnesses are still lined up for next week beginning
from Monday. Please note that the earlier report of similar import
published by The Pilot was brought to the attention of the panel
and we were advised by the chairman of the panel to ignore the
story. Our attitude is also to ignore this latest story as
falsehood not reflecting the realities on ground.
2. We all know that in spite of repeated demands, our client has
not been served with copies of allegations against him.
3. The instrument embodying the Terms of Reference was not served
on my client until August 8, 2020 (35 days after proceedings has
commenced).
4. That the Honourable Attorney-General of the Federation (AGF) and
Minister of Justice, Mr. Abubakar Malami (SAN), whose memo
triggered the proceedings, is yet to be summoned to testify to
support the allegations against our client. He who “asserts must
prove”.
5. That our client was excluded from the initial stages of the
proceedings with several witnesses testifying in his absence.
6. That counsel to our client was not allowed to cross-examine many
of the witnesses who had testified until recently.
7. That our client is yet to be granted access to
petitions/presentations, case files and exhibits admitted in the
proceedings. Please note that we have written to the panel to that
effect.
8. That our client was accosted on the street and compulsorily
requested to appear “immediately” before the panel without
opportunity to access documents to adequately prepare his
defence.
9. That our client was subsequently detained for ten days after
appearing before the panel in unpleasant circumstances. This
detention is not covered by the Terms of Reference arising from the
instrument constituting the judicial commission of inquiry.
10. That our client, owing to his suspension from office, is unable
to have access to official documents and other information
necessary for his defence.
11. That cases pending before superior courts of records such as
Federal High Court, Court of Appeal and The Supreme Court are being
reviewed in the proceedings. We believe that this development is
subjudice and unhealthy for our jurisprudence.
12. That witnesses appearing before the panel were not sworn on
oath before giving evidence as stipulated under the Tribunals of
Inquiry Act, 2004 on whose authority the instrument setting up the
Judicial Commission of Inquiry is derived.
13. It is curious and worrisome that an administrative panel of
inquiry headed by His Lordship, Justice Ayo Isa Salami, having sat
and taken evidence (both oral and documentary) in the past one
month, has suddenly metamorphosed into a Judicial Commission of
Inquiry. How this comes within a contemplation of a commission of
the Tribunal of Inquiry Act, 2004 is very questionable.
14. We also raise serious objection to piecemeal release of the
so-called interim report in the social media, particularly the
WHISTLER online medium which claimed to have seen the interim
report.
15. It is instructive to state that the online medium went ahead to
recklessly engaged in libelous publication where it listed
individuals, and companies that being investigated for corruption
by the EFCC allegedly paid bribes to my client.
16. We are shocked that such a libelous publication against my
client without hearing from him.
17. This panel must address this weighty issue before the
commencement to today proceedings.
18. The Salami panel also revealed the identities of eight suspects
that allegedly paid the bribes to Magu through pastor Omale and
Shanono. Shanono allegedly received NGN570,698,500 from China
Zhonghao Nigeria limited through the Zenith Bank account 1018895662
of his company, Ahmed Ibrahim Shanono Investment Ltd. “The
transfers were in about 43 tranches between 5th December, 2014 and
23rd June, 2015. The china Zhonghao Coy is being investigated by
the EFCC for abandoning a road contract awarded to the company by
the Zamfara State Government between 2012 and 2019”, the panel
noted. An aide to a formal managing Direcctor of the Niger Delta
Development Commission (NDDC), Nathniel Uyo, was alleged to have
paid the sum of N10 million into an Ecobank Account Number
3912014141 of the Divine Hand of God prophetic Ministry on
09/06/2018. The report said the former NDDC MD “was then being
investigated by the EFCC over an alleged attempt to bribe members
of the Akwa-ibom State APC Appeal Committee in Abuja”. Pastor
Omale, according to the Salami panel, also received N10 million
from a Bureau De Change operator, 7*7 BDC Limited, through his
Church’s Ecobank account. The report said that the BDC was being
investigated by the EFCC for, “receiving over N1.6 billion
(N1,600,000,000), part of the N27 billion (N27,000,000,000)
Insurance Premiums looted during the administration of President
Goodluck Jonathan”. A former Chairman of the Niger State Pilgrims
Agency, Liman Kantigi, who was being investigated by the EFCC for
allegedly misappropriating funds during his tenure at the agency,
also allegedly paid N200 million bribe to Magu through Shanono.
Kantigi, through his company, Sadiq Air Travels, allegedly
transferred N200 million into the Access Bank Account of Shanono’s
company, the report said. Weeks before paying the alleged bribe,
the EFCC was said to have traced N4 billion to two Guaranty Trust
Bank accounts linked to Kantigi. A government contractor, A.G
Ferrero & Co. had also allegedly paid N213 milliom to another
company belonging to Shanono, Newttech Aluminium and Roofing
Service Ltd. “A.G Ferrero & Co. was a contractor to Jigawa State
Government during the tenure fo Sule Lamido between 2007 and 2013.
Lamido was investigated by the EFCC during the period”. The report
said. The Salami panel said Pastor Omale, through his Church, also
received N1.3 million from the company being investigated for
alleged link to EFCC’s N1.5 billion money laundering case against a
former Plateau State Governor, Joshua Dariye. According to the
panel, “Apartment Le Paradisi transferred One million three hundred
and twenty thousand naira (N1,320,000.00) into Divine Hand of God
Prophetic Ministry Eco Bank Account Number 3912014143, on
22/04/2014. The company had testified before the EFCC, in respectof
a case involving the former Plateau State Governor, Joshua Dariye
who was then being investigated for laundering about One billion
five hundred million naira (N1,500,000,000.00). Former Plateau
State Governor, Jonah Jang, was alleged to have paid N30,744,000 to
Ahmed Ibrahim Shanono Investment Limited over his investigation for
alleged looting of N6.3 billion while serving as governor of the
state. Senator Jonah David Jang transferred the sum of thirty
million seven hundred and forty-four thousand naira
(N30,744,000.00) into the UBA account Number 1018895662 of Ahmed
Ibrahim Shanono Investment Ltd, on 18th July 2016. Senator Jang, a
former Governor of Plateau State is being investigated by the EFCC
for alleged looting of Six Billion three hundred million naira
(N6.3bn) belonging to Plateau State Government”, said the
report”.
19. The entirety of the publication above is first class falsehood
from the pit of hell. None of the issues arose from the proceedings
of the judicial commission of inquiry. I recall Pastor Omale
appearing before the panel to confirm openly that none of the
transfers into the church’s accounts emanated from Magu and that
Magu never donated to his personal or church account. It is also
instructive to note that no character by the name Shanono ever
appeared before the judicial commission of inquiry. The purveyors
of this fake news may assume they are destroying the sterling image
of Magu, but I have news for them. Majority of Nigerians however
cannot be fooled. I can only refer to the testimony of former SGF
Babachir Lawal on Magu thus
“But now in the case of Magu, the narrative is that corruption is
fighting back. These are the impressions and the consequences of
such conducts. Initially I had the feeling that the system would
come after Magu, especially the press and social media. If you are
very discerning, you will know they are with him. The preponderance
of opinions is in support of Magu’s position. The views being laid
out are as if it is a witch-hunt. There are better ways to end
Magu’s reign because no matter what anybody tells you, Magu tried.
I used to joke that if you are a thief and you are caught by Magu,
nobody can release you unless you cut off his hands. – Culled from
The Punch Newspapers.
20. THISDAY front page lead story of Sunday 23rd August 2020 in a
banner headline reported “Magu May Face More Investigations,
Criminal Prosecution”
I am at a loss of how the paper arrived at this conclusion when it
is clear to all that the only thing going for Magu is his
innocence. We will not join further issues on the publication with
the paper at this stage.
21. We wish to confirm that the proceedings are still ongoing and
my client is yet to present his defence. We are therefore shocked
at the suggestion that an interim report has been submitted to
President Muhammadu Buhari. We all know that this is a democracy
anchored on respect for the rule of law. Central to the rule of law
is the element of fair hearing.
Section 36(1) of 1999 Constitution (as amended) is explicit on
this. It provides;
“In the determination of his civil rights and obligations,
including any question or determination by or against any
government or authority, a person shall be entitled to a fair
hearing within a reasonable time by a court or other tribunal
established by law and constituted in such manner as to secure its
independence and impartiality.”
22. We urge those bent on prejudicing the proceedings of the panel
by planting false stories in the public space to think of the
interest of our country and not prejudge our client whose
commitment all along is service to the country.
23. The only thing keeping our client going in spite of the desire
of mischief makers to pitch him unfairly against the authorities is
his conviction of his innocence.
Please no one is entitled to condemn our innocent client before he
is heard or before he is afforded the opportunity of defending
himself on the merits.

Wahab Shittu (Esq)
W. K. Shittu & Co.