Malami summoned to give evidence in ongoing Magu trial

Justice Ayo Salami-led panel has summoned the  Attorney-General of the Federation and Minister of Justice, Abubakar Malami, to appear as key witness in the ongoing probe of Ibrahim Magu, suspended acting chairman of the Economic and Financial Crimes  Commission (EFCC).

Magu is facing a Judicial Commission of Inquiry for alleged abuse of  office and mismanagement of Federal Government recovered assets and  finances from May 2015 to May 2020.

Magu, until his ouster, reportedly had series of clashes with the  supervising minister of the EFCC, Malami. In early July, Magu was  compelled to appear before a panel at the Presidential Villa. Few days  later, he was suspended by President Muhammadu Buhari alongside other  key senior staff of the anti-graft agency, who allegedly took part in  the financial heist.

According to the letter Justice Salami said since Malami wrote the petition, he should appear in person to give evidence.

Part of the letter read: "You are commanded in the name of the  President and Commander-in-Chief of the Armed Forces of the Federal  Republic of Nigeria to attend before this judicial commission of inquiry  at Abuja on the 31st day of August 2020 at the hour of 9'0 clock in the  forenoon, and so from day to day until the above matter is tried for  the purpose of giving evidence and tendering on behalf of the state his  memo to the President against Mr. Ibrahim Magu, the acting chairman of  EFCC, the subject matter of this inquiry.

"The minister is expected to give evidence on his allegations against  Ibrahim Magu,  to wit the acting Chairman of EFCC is not acting in the  overall best interest of the country and the policies of this  administration due to its mismanagement and lack of transparency in  managing recovered assets; diversion of recovered assets for personal  enrichment; neglecting to investigate the P&ID case  as directed by  the President; flagrant disobedience to directives and to court orders  due to the following; final report of the Presidential Committee on  Audit Of Recovered Assets (PCARA) and mismanagement and lack of  transparency in managing recovered assets."

Meanwhile, Magu's lawyer, Wahab Shittu, has written to Justice Salami  to compel Malami to appear and provide necessary evidence on the  matter.

"We hereby apply for the issuance of a subpoena ad testificandum and  subpoena duces tecum on the Attorney General of the Federation, Mr.  Abubakar Malami (SAN) to appear before this Judicial Commission of  Inquiry to give evidence concerning his memo to the President of the  Federal Republic of Nigeria, President Muhammadu Buhari.

"We believe that consistent with the fundamental principles of fair  hearing as guaranteed under Section 36 of the constitution of the  Federal Republic of Nigeria 1999, our client (Magu) is entitled to be  confronted with copies of allegations against him as well as the  opportunity to confront his main accuser,in this case, the Attorney  General of the Federation, to enable our client raise issues concerning  the allegations and cross-examine the Attorney General on the substance  and credibility of his allegations against our client."

Magu also urged the panel to reinvite some of the witnesses who had  earlier testified against him to appear in the interest of fair hearing.

"The above request is premised on the fact that our client based on  the instrument constituting this panel signed by the President on 3rd of  July 2020 is the subject matter of these inquiry.

"Our client is entitled to participate in the entirety of the  proceedings including afforded the opportunity to cross-examine all  witnesses in these proceedings."

"We will also humbly request for guidance on specific procedure,  schedule and timeline earmarked for the defence to enable our client  adequately prepare and call relevant and material witnesses/documentary  evidence ahead of his defence in the proceedings."