Court grants EFCC leave to amend charges against el-Rufai

The Economic and Financial Crimes Commission (EFCC) yesterday got the legal nod to prosecute former Federal Capital Territory (FCT) Minister, Mallam Nasir el-Rufai and two others on a newly amended eight-count charge.

The others are former Director-General, Abuja Geographic Information System (AGIS) Altine Jubrin and former General- Manager, AGIS, Ismail Iro.

Reacting, el-Rufai said he was ready to face trial and denied involvement in any corrupt practices.

A statement by the Head of Media and Publicity of the EFCC, Mr. Femi Babafemi said an Abuja High Court gave the agency permission to prosecute them after overruling their counsel.

The statement said: “The accused had at the last adjourned date, through their counsel, Messrs Akin Olujimi (SAN) and Kanu Agabi (SAN), opposed their arraignment on the ground that the charge in which they were brought to court was predicated upon a law that was null and void and therefore, lacked merit.

“They also went ahead to question the jurisdiction of the court to entertain the matter, saying that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act 2003,  under which the accused were charged,  had been repealed and could, therefore, not be used as a legal platform for their trial.

“They also argued that EFCC lacked the power to prosecute them as the allegations against them did not constitute financial crimes.

“In response, counsel to the EFCC Adebayo Adelodun (SAN) submitted that el-Rufai and the other accused are newly brought before the court on the basis of eight amended charges and urged the court to allow their immediate arraignment.

“Adelodun said: As a matter of law and fact, the objection on this ground has become mute, spent and academic by reason that the prosecution had filed an amended charge.

“He opposed the plank upon which the defence counsel based their objection to the arraignment, saying that the objection was ‘doomed since it was based on an un-reported decision of a Court of Appeal that had been voided by the Supreme Court.’

“Furthermore, the prosecution counsel said that the offences the accused were charged with are known to written laws. It is not correct to say they were charged under a non- existing law.

“Ruling on the consolidated motions to amend the charges and arraign the accused and the preliminary objections by the defence counsel, Justice Abubakar Sadiq concurred with all the positions canvassed by the prosecution and ruled that the ICPC Act 2003 on which the defendants based their main argument to oppose their trial has been voided.

 “He ruled that the ICPC Act 2000 is a valid, subsisting and life legislation which has not been invalidated, I have not come across any judgment or any Act of the National Assembly that repealed or voided that Act.

“He disagreed with defence counsel on their argument that ‘where a law is pronounced void without revalidation, it ceases to have effect and therefore it is incurably bad.’

 “He ruled that owing to the present situation and in accordance with Section 208(1) of the Criminal Procedure Code, the court has the discretion to alter, add to or frame a new charge by way of amendment anytime before judgment is delivered.

 “Justice Sadiq added: Vital consideration which governs the amendment of a charge, whether to grant the leave to amend a charge or not before ruling,  is that such may be made without injustice to the accused and in this case, the accused are yet to take their plea,  so, I cannot see how a miscarriage of justice is occasioned in this instance.

“As to whether the anti-corruption agency (EFCC) has the power to initiate the prosecution of the accused persons,   the judge concurred with the prosecution that  EFCC’s mandate is elastic.

“He stressed that both EFCC and ICPC are organs of government and that EFCC is prosecuting the case on behalf of the Attorney-General of the Federation and the Federal Republic of Nigeria.

“He equally said that Section 6( b and c) not only empowers the Commission to investigate a whole gamut of criminal activities but that  “the inclusion of the word ‘et cetera’ and ‘include’ in Section 46  means an extension of crimes not mentioned therein and is intended to construe other crimes not intrinsically mentioned.

 “The power of EFCC is elastic and covers wider ground and the word corruption in the context of the charge being preferred is applicable in this case as it is an alleged usage of office to confer undue advantage on self or on others.

 “He thereafter granted leave to EFCC to prosecute the accused and  ordered their counsel to produce them in court at the next adjourned date of  April 7th , 2011 for arraignment.”

But el- Rufai restated his determination to defend the land allocation case the Federal Government filed against him in 2009.

In a statement through his media adviser, Mr. Muyiwa Adekeye,  he denied involvement in any corrupt activities.

The statement said: “When he returned to the country last year, he had announced that the defence of that case is one of his priorities, and that remains the case. This robust defence led to the dismissal of the charges at the Federal High Court last year, after the court agreed with his preliminary objection that the charges were filed in a wrong court and under a wrong law.

 “This defeat for the EFCC was greeted by the EFCC with predictable sniping that he took into account all the protections afforded him by our laws and the rules of procedure at the courts. These protections are legal, decent and civilised, and a citizen cannot be expected to ignore them to make the EFCC happy.

“The EFCC responded to this defeat by filing the case afresh at an Abuja High Court. Mallam el- Rufai filed a preliminary objection anchored on the EFCC’s attempt to amend the charges after they discovered that they again filed under a wrong law. 

“Justice Sadiq Umar on Monday ruled against the preliminary objection and granted leave to the EFCC to amend the charges.

“He also fixed 7 April 2011 for the arraignment of the defendants on the fresh charges. Mallam el-Rufai respects Monday’s ruling and he intends to soldier on, confident in his innocence.

“Mallam el-Rufai once again denies involvement in any corrupt activities, and he urges the EFCC to desist from claims that there is any other prosecution against him other than this land case that is set to commence anew next month.”