Fred Itua, Abuja
Embattled suspended acting chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, has accused Ayo Salami-led panel of being bias and out to nail him.
Wahab Shittu, lawyer to Magu, in a statement claimed that the panel was still calling witnesses to testify against Magu, almost six weeks after his defence was concluded.
Magu was suspended in July by President Muhammadu Buhari over claims that he diverted recovered assets the anti-graft agency secured between 2015-2020.
He was detained, released after some days and made to face a probe headed by Justice Salami, where he has denied all allegations made against him.
Shittu said: “We are particularly alarmed about recent developments. About six weeks ago, our client (Magu) concluded his defence. Between that time and now, a lot has happened.
“First, the panel embarked on verification of assets nationwide in the absence of our client. Verification of assets is part of evidence gathering and can be likened to a visit to locus-in-quo.
“Section 207(2) of the CPA provides that ‘the accused shall be present at the view’ and at the locus. If an inspection of the locus is undertaken and the accused person is absent, this is an irregularity.
“There are also reports that the panel continues to call witnesses and take evidence even when our client had concluded his defence and in the absence of our client without being given the opportunity to confront and challenge the veracity of such evidence.
“Based on the foregoing, the fundamental principle of fair hearing to which our client is entitled to has been crassly and fundamentally violated. The foregoing are for the attention of the appointing authority and the Nigerian public.”
Magu’s lawyer is also raising the alarm that the panel was trying to put an end to existing arrangement in the EFCC, where a police officer usually heads the agency.
“As counsel of choice to Magu, our immediate reaction is one of shock that the panel could contemplate what is clearly outside its mandate for undisclosed reasons. Clearly, we are unable to understand how a Judicial Commission of Enquiry constituted by law will arrogate to itself powers outside its statutory mandate, including taking over the functions of the National Assembly to amend the EFCC Act 2004.
“Our client, who is incorruptible and remains innocent of all the allegations levelled against him by his accusers, was appointed by President Muhammadu Buhari in line with the EFCC Act,” he added.