… As Nigerians tell Buhari: Sacking Lawal, Oke not enough, prosecute them***

Former President Goodluck Jonathan on Monday asked the Federal High Court sitting in Abuja to set aside the subpoena ordering him to appear in court as a witness to testify in defence of a former National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh.

In the alternative, the ex-President sought an order directing Metuh to deposit with the court for and on his behalf the sum of N1bn to cover travelling expenses for himself and his security personnel from his home town, Otuoke, in Bayelsa State, to Abuja.

The money, according to the former President is also to cover the time that he might spend appearing before the court as President of Nigeria between 2010 and 2015.

The Jonathan contended that his request was in line with the provisions of Section 241(2) of the Administration of Criminal Justice Act, 2015.

Following separate applications by Metuh, Justice Okon Abang had issued two separate subpoenas ordering Jonathan and the detained former National Security Adviser, Sambo Dasuki, to appear in court on Tuesday.

Justice Abang had while ordering Jonathan to appear in court directed the court bailiff to ensure the service of the suboena on him within five days.

Jonathan and Dasuki were summoned by the court upon applications by Metuh requesting that they be ordered to testify in his defence with respect to the sum of N400m which he was said to have received fraudulently from the Office of the NSA in 2014.

The Economic and Financial Crimes Commission is prosecuting Metuh and his company, Destra Investments Limited, for allegedly receiving N400m fraudulently from the NSA office and on charges involving cash transaction involving $2m.

Among the grounds of the motion filed on Monday by Chief Mike Ozekhome (SAN) on behalf of Jonathan was that the evidence sought to be obtained from the Jonathan would amount to an invasion of his privacy, and family life as provided for in Section 37 of the Constitution.

In addition, the ex-President contended that the evidence sought to be obtained from him was likely to expose him to a criminal charge, penalty or forfeiture.

He further argued that the subpoena was vague and obtained on frivolous ground.

Jonathan added that the subpoena was obtained in bad faith as it was meant to embarrass him.

He argued that Metuh was not his personal aide or an appointee and so could not have dealt with him (Jonathan) directly under any circumstance to warrant the invitation of the applicant to testify in the charge.

He also submitted that there was no nexus between him and Metuh and the charge for which Metuh is standing trial.

He said he knew nothing about the charges preferred against Metuh.

An affidavit filed in support of the motion read in part, “That he (Jonathan) as the then President of the Federal Republic (2010-2015), appointed ministers and different persons to carry out the day-to-day running of the government activities and such appointees are those who directly related with the President and not third parties, such as the 2nd respondent.

“That it is such appointees that can explain daily government’s transactions which they directly supervised and not the President who was the overall boss.

“That the 2nd respondent, Olisa Metuh, was never at any time a personal aide or appointee of the applicant.

“That he (Jonathan) knows nothing about the seven charges for which the 1st defendant/ 2nd respondent is standing trial before this court and has absolutely nothing to testify about before this court.

“The he, as a former President of the Federal Republic of Nigeria, in the event that this honourable court refuses prayer one on the motion paper, shall require the sum of N1,000,000,000.00 (one billion naira) only, to cover travelling expenses for himself and his security personnel, from his home town Otuoke, in Bayelsa State, to Abuja, and also for logistics, and provision of tight security to cover any period of time that he might spend appearing before this court as President of Nigeria between 2010 and 2015.

“That Chief Mike Ozekhome, SAN, OFR, the lead counsel in this matter, informed me under the same circumstances stated in paragraph 4 above, and I verily believe him, that by virtue of the provisions of section 241(2) of the Administration of Criminal Justice Act, 2015, the applicant is not bound to attend to court except the 2nd respondent herein (Olisa Metuh), who applied for the issuance of subpoena ad testificandum on him, pays for his travelling expenses.”

In the meantime, prominent Nigerians and civil society groups have demanded the prosecution of the sacked Secretary to the Government of the Federation, Babachir Lawal, and the former Director-General of the National Intelligence Agency, Ayodele Oke.

President Muhammadu Buhari sacked the two public officers on Monday. Before the sack, the President set up a panel headed by Vice-President Yemi Osinbajo to investigate allegations of financial impropriety levelled against the two.

The panel submitted its findings and recommendations about six months ago but the President despite public criticisms failed to act on the report. He, however, did on Monday by announcing their disengagement from service reportedly in line with the recommendations made by the panel, whose report has yet to be made public.

Reacting to the President’s action on Monday, notable Nigerians and groups said the sack was not enough, demanding more actions against the two.

Senior Advocates of Nigeria; the Ekiti State Governor, Ayodele Fayose; the Peoples Democratic Party, the Ijaw Youth Congress, and civil society groups were among those that called on the President to take a more decisive action against the indicted officials.

Two Senior Advocates of Nigeria, Emeka Ngige and Yusuf Ali, who spoke to one of our correspondents in separate telephone interviews in Ilorin, the Kwara State capital, argued that the two should be prosecuted if the Prof. Yemi Osinbanjo-led panel made such a recommendation. They argued that doing so would give the Buhari-led administration’s fight against corruption the required boost.

Ali said, “If there is any issue of corruption or criminality, they should be prosecuted.”

Speaking in a similar vein, Ngige said, “If the VP’s panel recommended that they should be prosecuted, nobody is above the law. If there is a recommendation for prosecution, they should be prosecuted. That is the only way the President can assure the country and the international community that nobody is above the law and it is not business as usual.”

Also reacting via the telephone, the Chairman, Presidential Advisory Committee on Anti-Corruption Prof. Itse Sagay, said the sack was long overdue.

He said, “I think there has been a consensus on this, that it was overdue; there has been too much delay. Although I will like to put a caveat that government usually have a lot more information than the rest of us as the delay might have been discretionary due to the information they had. I was patient and I definitely endorse the final decision that has been taken.”

Citing examples of corruption cases that were treated with levity by the Buhari administration, the Ekiti State Governor, Ayodele Fayose, said indicted Babachir Lawal and Ayodele Oke and others still in Buhari’s government should be handed over to the Economic and Financial Crimes Commission for investigation and prosecution.

He spoke through his Special Assistant on Public Communications and New Media, Lere Olayinka, saying, “Enough of using probe panels to shield people accused of corruption in Buhari’s government; rather, they should be arrested, detained and prosecuted by the EFCC as being done to others perceived as the President’s enemies.”

Fayose said that apart from prosecuting the sacked officials, the report of the panel that investigated them should be made public.

Referring to similar cases, Fayose said, “Nigerians are interested in the full details of the report on the $43m discovered in an apartment at Osborne Towers, Ikoyi, Lagos. The report should be made public.

“They also want to know what happened to the Minister of State for Petroleum Resources, Ibe Kachikwu’s allegations of award of $25bn contracts without following due process against the Group Managing Director of the Nigerian National Petroleum Corporation, Dr Maikanti Baru.

“Nigerians are interested in the report of the panel that looked into the Department of State Service investigation that indicted Acting Chairman of EFCC, Ibrahim Magu, of corruption. They want to know why the former Chairman of EFCC, Ibrahim Lamorde, who was accused of corruption by the Senate, removed from office unceremoniously and declared wanted is now the Commissioner of Police in charge of the Special Fraud Unit, Ikoyi, Lagos.”

He said the FG should explain the appointment of Ahmed Gambo Saleh, the Supreme Court Registrar who was indicted and put on trial for the alleged N2bn fraud as the Secretary of the National Judicial Council and the Corruption and Financial Crime Cases Trial Monitoring Committee.

“Most importantly, Nigerians are not carried away by the sacking of Babachir Lawal and Oke. Rather, they want to know what President Buhari has done to those behind the fraudulent reinstatement of Maina since the report on the reinstatement was submitted last week Tuesday as directed by the President.”

Similarly, the President of the Ijaw Youth Congress Worldwide, Mr. Perotubo Oweilaemi, said, “I urge Mr. President to go beyond sacking them. They should be prosecuted in a competent court of law.”

Punch