* Berates EFCC for ignoring AGF’s directive on case file
Justice Inyang Ekwo of the Federal High Court in Abuja on Monday quashed the money laundering criminal charge brought against a former Minister of Special Duties, Mr Kabir Tanimu Turaki (SAN), by the Economic and Financial Crimes Commission (EFCC).
The 16-count charge was quashed by Justice Ekwo on the grounds that the trial of the defendants in the charge was not only illegal but unconstitutional.
The judge further pronounced the trial unconstitutional, following the refusal of the EFCC to give effect to a letter by the Attorney- General of the Federation (AGF), Mr Abubakar Malami (SAN), asking the commission to make the case file in respect of the charge available to his office.
Justice Ekwo held that under the 1999 Constitution and the Administration of Criminal Justice Act (ACJA) 2015, the AGF, who is also Chief Law Officer of the Federation, has inherent powers to review any criminal charge, take over the trial and even terminate the charge as his office may seem fit.
The judge held that EFCC goofed by ignoring and neglecting the AGF’s letter of April 4, 2020, which demanded the case file for review in order to avoid malicious prosecution.
Justice Ekwo said that any law enforcement agency that ignores or neglects the directive of the AGF does so at its own peril.
The judge proceeded to invoke sections 105 of ACJA and 21, 23 of the Money Laundering Prohibition Act 2012 and 174 of the 1999 Constitution (as amended) to declare the trial unlawful, illegal and null and void and struck it out accordingly.
Turaki, a Senior Advocate of Nigeria (SAN), served as the Minister for Special Duties and Inter-Governmental Affairs from 2013 to 2015.
He was also the Supervising Minister of Labour from 2014 to 2015.
The EFCC had filed the money laundering charge against Turaki and arraigned him with his former Special Assistant, Sampson Okpetu and two firms allegedly owned by Okpetu – Samtee Essentials Limited and Pasco Investment Limited.
The anti-graft agency had alleged in the charge marked: FHC/ABJ/CR/61/2020, that Turaki used the two firms belonging to his aide to illegally siphon public funds of about N714, 670, 014.87
One of the charges against Turaki reads: “That you Kabiru Tanimu Turaki (whilst serving as Minister for Special Duties and Inter Governmental Affairs) sometime in January 2015 did use the sum of N159,104,000 out of the sum of N359, 104,000 released to the Federal Ministry of Special Duties and Inter-governmental Affairs for the purpose of sensitization and enlightenment of Muslim Youths, knowing that the said sum proceeds of unlawful activity to wit: criminal misappropriation and you thereby committed an offence contrary to section 15(2)(d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section (15(3) of the same Act.”
