By Barrister Sam I. Mbah & Barrister Olu Omotayo
We wish to alert Your Excellency that a number of vested, powerful interests operating within the Federal High Court system is working assiduously, hand-in-glove with seen and unseen agents as well as known gatekeepers of the former governor within the EFCC to undermine the on-going corruption trial, possibly to reduce same to no more than a hollow ritual of comic tragedy; and in the long run, defeat the ends of justice in the matter altogether.
2. PROFILE OF EX-GOVERNOR NNAMANI’S HISTORY OF MANIPULATION OF THE JUDICIARY
Over the past eleven years, Ex-Governor Nnamani has earned a frightening reputation for his serial manipulation of the judiciary at state and even national levels to achieve his own political objectives. One of the most glaring examples of his inherent capacity in this regard relates to how he deftly manipulated the state judiciary to scuttle his impeachment from office by sixteen out of twenty-four members (a clear two-thirds majority) of the Enugu State House of Assembly in the summer of 2002, against the spirit and intention of the Constitution. He procured the services of the then State Chief Judge who declined to constitute an impeachment panel to investigate the charges against Nnamani, contrary to his oath of allegiance to preserve, protect, and defend the Constitution of the Federal Republic of Nigeria.
Again, in September 2004, Ex-Governor Nnamani rode roughshod over the decision of the National Judicial Council (NJC), endorsing the candidature of Hon. Justice Raphael Agbo (now of the Court of Appeal), who was at any rate the most senior judge in order of rank, to succeed the (then) outgoing Chief Judge of the state, the late Hon. Justice J.C.N Ugwu. In an inexplicable institutional summersault, the NJC withdrew its nomination of Justice Agbo two months afterwards, to pave the way for the emergence of Nnamani’s preferred stooge.
Besides, the Ex-Governor’s ignoble role in orchestrating the judicial rascality which precipitated the Anambra political crisis in January 2004, and in turn claimed the career (dismissal) of Justice Stanley Nnaji, as a judge of the Enugu State High Court, ought still to be fresh in the minds of students of Nigerian judicial history, as not to warrant further elaboration here.
Akin to his meddling with the judiciary, it would be recalled that in the course of investigations by the Economic and Financial Crimes Commission (EFCC), into the charges of corruption against Nnamani and his confederates, the prime suspect was officially implicated in a case of offering gratification to operatives of EFCC in a bid to thwart justice. Speaking at a workshop which EFCC organized in conjunction with the Nigerian Bar Association (NBA) on Saturday, 4th November 2006, as part of activities marking the “Fix Nigeria Initiative” between EFCC and civil society, the then EFCC chairman, Nuhu Ribadu revealed that Dr. Nnamani in his capacity as Governor of Enugu State, offered bribe in the sum of N55 million (fifty-five million Naira) to operatives of the Commission in a bid to compromise their investigations, (see Sunday Independent, November 5, 2006 (front Page). According to the details of the incident, the funds were channeled through a Lagos-based legal practitioner. That startling disclosure was no doubt a confirmation of the belief in several quarters that Dr. Nnamani would go to any length to compromise every national institution in his desperate bid to sweep under the carpet, the facts of his corrupt practices and abuse of office.
3. QUESTIONABLE ROLE OF THE FEDERAL HIGH COURT IN THE ON-GOING TRIAL OF EX-GOVERNOR NNAMANI
The conduct and role of the Federal High Court in the handling of Ex-Governor Nnamani’s matter since it commenced have been at best suspect and questionable, if not less than dishonorable. It would be recalled that on the eve of his formal arraignment sometime in July 2007, the then Chief Judge of the Federal High Court, Hon. Justice Roseline Ukeje, ostensibly acting on the strength of a petition by Nnamani against Hon. Justice Mohammed Lawal Shuaibu (then) of the Federal High Court, Ikoyi Division, and who had all along been handling a related case (since February 2007) involving the Ex-Governor’s aides (in which Nnamani was severally cited, but could not however be arraigned owing to his then subsisting immunity), precipitately transferred the case (consisting of similar facts to the earlier one involving his aides) to another judge, without due regard to the merits or lack of it of the petition in question.
Upon his subsequent formal arraignment before Hon. Justice Peter Olayiwola, in the same Ikoyi Lagos Division, it is on record that Nnamani walked away with the lightest bail conditions out of five former state governors who were similarly charged with corruption within the same period. It was not surprising therefore that whereas his erstwhile colleagues (Turaki and Dariye for example), took six weeks and three weeks respectively to fulfill their bail conditions, Nnamani, facing 105 count charges, needed practically less than 48 hours to fulfill his. It did not therefore come as a surprise to anyone when, very soon afterwards Hon. Justice Shuaibu was precipitately transferred to the Kaduna Division. By that successful scheme, Nnamani ensured that Justice Shuaibu would no longer preside over the trial of his aides.
As it was in 2007, the scheme has grown even thicker. We are appalled to report that Nnamani, acting in cahoots with the topmost echelon of the EFCC was able to procure the services of a friendly Senior Advocate of Nigeria [SAN] to take over his prosecution from the original prosecutor who, it has to be said, demonstrated admirable strength of character in the face of all kinds of gestures by Nnamani and his agents to compromise the case of the prosecution initially. Ever since he took over the prosecution, Chief Olakunle Fakunle has ably demonstrated that he could not have done better as a defence counsel. He is doing everything possible to bungle the case and set his “man” free. Firstly, he has ensured that the case has not moved an inch. Secondly, under his supervision, and contrary to the time-worn tradition of the Federal High Court where a new judge inherits all matters pending in the court, Nnamani’s matter has been surreptitiously transferred to a different court altogether.
It did not therefore come to us as a surprise that their preferred judge, who is now hearing the matter literally threw caution to the wind and brazenly descended into the arena by ordering the prosecution to reduce all the charges against Nnamani from a whopping figure of over 124-count charges, down to not more than five; (Thisday newspaper, May 28, 2010, at page 6). The purpose of this bizarre directive should not be lost on discerning Nigerians and the international community as we all know how very easy it would be for the judge to dismiss the charges against Nnamani! Yet it has to be noted that it is not one of the functions of a judge to worry about the number of charges levied against a suspect. His is to compel the prosecution to prove its allegations. Should a judge even venture to suggest a consolidation of charges, it is certainly not his duty to order how low the number should be!
We are certainly not deceived that this development is a mere coincidence. Ex-Governor Nnamani’s remote hands can be seen in all this. The implications of this emerging pattern of infiltration and visceral manipulation of a major National institution such as the Federal High Court are too grave to be contemplated. As things stand currently, Ex-Governor Nnamani will almost certainly walk away a free man any time soon with his loot intact. So where is the anti-corruption crusade headed?
Of particular worry is the half-hearted manner with which the EFCC has been prosecuting the matters involving Chimaroke Nnamani. It is important to note that the glaring issue of money laundering/foreign accounts, over which the EFCC declared one Mrs Chinero Nwaigwe, (Ex-Governor Nnamani’s elder sister) wanted sometime in 2006 is not any longer being pursued by the EFCC. It is worrisome that the Commission has been unable to initiate extradition proceedings against Mrs. Nwaigwe who is a known conduit used by ex-governor Nnamani to loot the treasury of Enugu State. The role played by Mrs. Nwaigwe is so documented in the investigations before the Commission that it defies reasons why no effort is being made to extradite her to enable her face justice.
Similarly, some high profile multi-billion Naira investments (e.g. Mea Matter Elizabeth College and Renaissance University, Ugboka) which Chimaroke Nnamani amassed with resources stolen from Enugu State are still left under his care to manage and profit from. This palpable indifference, nay imperviousness to the feeling of the people of Enugu State by the EFCC has emboldened Ex-Governor Nnamani such that he does not any longer hide his connection to these fraudulently acquired investments. Thus, in a recent newspaper interview, (Thisday, Sunday September 5 2010, at page 1 with elaboration inside the pages) he openly boasted of his ownership of these multi-billion Naira investments, which he had in 2007 denied any link to. It would also appear the Commission has forgotten all the petitions concerning contracts which contract sums were fully paid to the contractors but which there was no work done at all at the sites. One glaring instance in this regard is the issue of Akpasha-Ozalla-Agbogugu road project, which was awarded to JAC NIG ENTERPRISES. The contract sum of over One billion Naira was fully paid to the contractor but no work was done on the project! These cases have been variously investigated by the Commission and the findings are, no doubt, available to the Commission.
As we pointed out from the onset, Ex-Governor Nnamani’s ongoing schemes and maneuvers are calculated to achieve one grand objective: to reduce his trial and that of his former aides to a hollow ritual of a comic tragedy. May it be noted however, that Nnamani and his willing accomplices (including the EFCC), are tasking the collective patience and fortitude of the long-suffering people of Enugu State, whose resources and common wealth were mindlessly pillaged and plundered by Nnamani and his confederates, beyond their elastic limits. ENOUGH IS ENOUGH! It is unacceptable to say the least that the judiciary, which ought to be in the vanguard of the anti-corruption crusade, could afford to lend itself as an instrument to thwart or pervert the cause of the noble crusade.
In the light of the foregoing, we solemnly exhort Your Excellency to use your good offices to cause investigations into the utterly dubious role being played by a powerful cabal within the EFCC, the Federal High Court system in addition to the current prosecutor, to frustrate the trial of Ex-Governor Nnamani and his aides and effectively subvert the ends of justice in the matter. Specifically, we request:
i. The immediate removal of Chief Olakunle Fakunle (SAN) as the prosecutor having clearly compromised his position as well as the ethics of the Legal profession.
ii. Immediate re-assignment of the case to a neutral judge who would give the matter an expedited hearing.
iii. Investigation of the topmost echelon of the EFCC to ascertain the degree of their complicity in the undisguised plot to get Dr. Nnamani and his accomplices off the hook.
This will surely go a long way in restoring the sagging confidence of Nigerians in the anti-corruption crusade.
Signed:
1. Barrister Sam I. Mbah (TropicalWatch)
2. Barrister Olu Omotayo (Civil Liberties Organization, CLO)
ENUGU STATE CIVIL SOCIETY COALITION AGAINST CORRUPTION
C/O TROPICALWATCH
No. 29 NENI STREET, OGUI NEW LAYOUT, ENUGU.
March 15, 2011.
To: Your Excellency,
The President and Commander-In-Chief, Federal Republic of Nigeria, Aso Rock, Abuja.
saharareporters.com/report/petition-against-going-manipulation-corruption-trial-ex-governor-chimaroke-nnamani-enugu-stat