Mahmoud
SAN to Magu: ‘I Was Not Ibori’s Lawyer & Insulting Language From a Public
Institution is Unacceptable!’
NIGERIAN
BAR ASSOCIATION REACTION TO EFCC STATEMENT ISSUED SATURDAY 27TH AUGUST, 2016
1. The
attention of the Nigerian Bar Association (NBA) has been
drawn
to the statements issued by the Economic and Financial
Crimes
Commission (EFCC) said to be in response to the
Inaugural
Address of the President of the NBA made in Port -
Harcourt,
Rivers State on Friday 26th August, 2016.
2. I t
has become necessary to react to the statements given its
unduly
harsh and negative tone totally uncalled for when in the
culture
of any democratic society, debates about the nature,
character
and responsibilities of public institutions must always
be
encouraged.
3. The
Inaugural Address of the NBA President was a statement of nearly 30 pages,
which sets out his vision and the direct ion of his programmes for the Nigerian
legal profession. He commit ted
himself
to leading a brave new bar fully aligned with the aspirations of Nigerians in
their quest for national development
which
can only be anchored on the rule of law built on strong
institutions.
4. In
the one paragraph of the statement dealing with corrupt ion, the NBA President
restated the commitment of the NBA in the fight against corruption. He commended
the modest achievements of the EFCC but called for the reform of the Agency to
enhance its capabilities to deliver on its mandate on a ‘consistent and sustainable’
basis devoid of political interference and on the basis of well -established
institutional safeguards that demand the proper regulation of the wide discretionary
powers involved in the investigation and prosecution of criminal matters.
5. Combining
investigative powers with prosecutorial powers in one single agency, (called
the Roskill Model in England), is the
exception
rather than the norm. In the UK only the Serious Fraud
Office
(SFO) enjoys such combined powers. But given the
institutional
safeguards, both within the SFO and the maturity that characterizes the UK
Criminal Justice Institutions, the abuse of such powers will be highly unlikely.
6. The
NBA Constitution demands that it promotes law reform and
legal
development . It therefore commits itself to promoting
healthy
public debate about our institutions and interrogating
their
capabilities and performance, including ALL criminal just ice
agencies
such as the EFCC. The NBA will not be intimidated or
cowed
in the discharge of this responsibility.
7. The
NBA condemns in the strongest terms the use of abusive and uncivil language of
‘rogues and vultures’ and such strictures by a public authority. Name calling
and use of abusive language is not expected of any public institution. It is
unacceptable. The NBA demands unequivocal withdrawal of this statement and an
unreserved
apology from the EFCC.
8. The
NBA calls on the EFCC to also endeavor to get its facts
correct
before making statements or insinuations.
9. The
NBA President Mr. A.B. Mahmoud, SAN has over the years supported the work of
the EFCC in many ways and acted as counsel in a number of matters on behalf of
the organization.
10. However,
neither he nor his firm has ever represented the EFCC or the Attorney General
of the Federation or been involved in any prosecution or defense of Mr. James
Ibori in any criminal matter before any court in Nigeria or outside.
11. On
the case involving the former Governor of Rivers State, Mr
Peter
Odili the EFCC is aware that Mr. Mahmoud was lead
counsel
in its defense in a civil appeal at the Court of Appeal
involving
the constitutional challenge of the powers of the EFCC
by the
Rivers State Government . In spite of his best efforts, the
case
has remained stuck in the Court of Appeal , even after all
briefs
of arguments had been settled. The records of the EFCC
will
also show that neither Mr. Mahmoud nor his firm has been
paid
any fee, notwithstanding the nearly 20 court appearances in
the matter
in the course of the last several years involving air
travels
(Abuja to Port Harcourt ) and hotel expenses.
12. It
is therefore unkind and misleading for the EFCC to suggest that Mr. Mahmoud was
ever involved in any way in the conduct of its criminal cases against any of
the two former Governors.
DATED
29TH AUGUST, 2016
____________________________
ISIAKA
ABIOLA OLAGUNJU, ESQ.
GENERAL
SECRETARY
NIGERIAN BAR
ASSOCIATION
