A human rights activist, Mr. Femi Falana (SAN), says the Nigerian Bar Association has become notorious for frustrating Nigeria’s anti-corruption war.
Falana specifically accused the NBA of frustrating the case of the Economic and Financial Crimes Commission against convicted ex-Delta Governor, Mr. James Ibori.
The senior advocate said this in a write-up titled, ‘The Fight Against Anti-Corruption Agencies by the NBA’ on Sunday while reacting to calls by the NBA that the EFCC should be stripped of its prosecutorial powers.
The activist said the NBA had been making attempts to weaken the EFCC for the past 10 years.
He said, “The NBA leadership accused the EFCC of acting ultra vires by usurping the powers of the Attorney General in collaborating with the Metropolitan Police in the investigation of Chief James Ibori, ex-governor of Delta State.
“When Chief Ibori was eventually charged with money laundering by the EFCC at the Federal High court, Awokulehin J. (as he then was) upheld the preliminary objections of the defence team led by Messrs J. B. Daudu SAN, and Austin Aleghe, SAN, and struck out the 170 charges.
“Even though he was given a clean bill of health by the Federal High Court, Chief Ibori was later convicted and jailed by a British court on the basis of the same evidence.
“Despite the fact that the handling of the case exposed the Nigerian judiciary to gargantuan embarrassment, the NBA never challenged senior lawyers who have continued to frustrate the prosecution of corruption cases through frivolous objections, interlocutory appeals and stay of appeals as well as orders of interlocutory or perpetual injunctions in favour of treasury looters.”
Falana said he was not surprised that the new NBA President, Abubakar Mahmoud, called for the stripping of the EFCC power to prosecute.
He said former NBA Presidents including Olisa Agbakoba (SAN) had all done the same in the past but failed.
While citing several cases, Falana said the EFCC had the power to prosecute criminal cases without recourse to the AGF.
He, however, warned the AGF, Mr. Abubakar Malami (SAN), not to allow himself to be misled by the NBA, which he (Falana) noted had not shown support for the anti-graft war.
“The renewed campaign against the EFCC is not unconnected with its temerity to charge some senior counsel to court for corrupt practices. In a demonstration of solidarity, the NBA has mobilised scores of lawyers to defend the accused persons,” he said.
The senior advocate slammed the NBA for its opposition to the recent report released by the National Human Rights Commission which listed the names of alleged electoral offenders.
“It is rather unfortunate that the NBA has suddenly become the defender of electoral offenders when the reports compiled by its own election monitoring team had confirmed the violations of the Electoral Act 2010 by political thugs and other enemies of democracy in several parts of the country,” he said.
Falana said he would defend the NHRC free of charge if the need arose.
PUNCH
