JUSTICE ODILI: ‘WHY I DID NOT INDICT MALAMI,’ BY UBANI

Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL) Chairman, Dr. Monday Ubani has revealed why he did not indict Attorney General and Minister of Justice, Mr. Abubakar Malami SAN over the invasion of Supreme Court jurist, Justice Mary Odili’s residence.

CITY LAWYER recalls that Ubani was appointed by NBA President, Mr. Olumide Akpata as a “Special Investigator” to unravel the circumstances surrounding the invasion of Odili’s premises by persons suspected to be security operatives.

In his report to an Emergency Meeting of NBA National Executive Council (NBA-NEC), Ubani narrated how he grilled the justice minister over the matter, adding however that he could not use “tainted” evidence to indict the nation’s chief law officer.

His words: “The truth of the matter is that all accusing fingers initially pointed at the Minister when the invasion occurred, moreso as the news media reported that the culprits were from the Federal Ministry of Justice. This notion becomes more compelling when it is realized that the Honourable Attorney General admitted that he authorized the invasion of judges’ homes in 2016. It was argued that if he authorised the invasion of 2016, then he must have authorised this latest raid by persons allegedly linked to the Ministry of Justice which he heads. The Minister therefore needed to offer elaborate explanation to exculpate himself and his office from the latest invasion.

“The Honourable Attorney General started by stating that there is a unit in his ministry called Asset Tracing, Recovery and Management Committee established sometime in 2019 pursuant to the Asset Tracing, Recovery and Management Committee Regulation 2019. It is an inter-ministerial committee comprising of representatives from ministries, departments and agencies of Government. The committee coordinates the asset recovery and management system on properties of the Federal Government of Nigeria both locally and internationally. If the committee receives any information about illicit property or money of the Federal Government hidden anywhere, the Ministry will forward the information to the appropriate security agencies or law firms to handle. The committee, according to him, does not on its own handle any sting operation. He therefore disassociated the Ministry from any alleged Ghost Account, Local Whistle-blower, Joint Panel Recovery Unit or similar name the perpetrators may have called themselves.

“Mr. Malami also denied signing the Identity card of the said CSP Lawrence Ajodo. He stated that the Identity cards of those who work in the Ministry of Justice are signed by the Director of Human Resources or his delegate and not by him. He denied that any unit in his ministry work with the Nigerian Police officers especially in the way and manner the present invasion took place. He denied knowing Lawrence Ajodo or having any private or official dealings with him. He challenged Lawrence Ajodo to produce any letter given to him officially either by himself or any of his subordinates to carry out any official duty on the Ministry’s behalf.”

Passing his verdict, the NBA-SPIDEL helmsman said that Ajodo’s testimony was unreliable in many respects, adding: “Having arrived at this conclusion, it will be untenable to use his tainted and mostly oral evidence to implicate anyone without any corresponding documentary evidence.”

Ubani also exonerated the under-fire Chief Magistrate Emmanuel Iyanna who signed the controversial search warrant, adding that the jurist took rigorous steps to document the procedures leading to the grant of the warrant, aside from immediately annulling it when Ajodo failed to return to regularize the documents.

His words: “There is perhaps no way the learned Chief Magistrate could have deciphered the alleged criminal intent of the deponent, same having been concealed from him. When the Chief Magistrate’s eyes were opened to the nefarious intent of the invaders, they refused to honour his invitation to clarify the issue of conflicting addresses. They proceeded to carry out their intended action even when the search warrant had been revoked. The revocation on record was done the same day, signifying promptness in addressing the grave error His Honour committed in signing a search warrant with vague details.

“The legal implication of executing a revoked search warrant and a search warrant on a property different from the address on record should be a culpability attributable to those who executed it and not to the person that issued and signed it, moreso when the issuer discovered his own mistake and took immediate steps to correct it.”

Ubani therefore recommended that “The Chief Magistrate should be cautioned to be more circumspect whenever signing processes that may be subjected to abuse. There were red flags inherent in the affidavit and inconsistencies that should have put him on enquiry and made him to be a bit more careful before signing the Search Warrant.”

The senior lawyer stated that “pure greed” was at the heart of the invasion, noting that “Mr. Lawrence Ajodo got an unverified information that large sums of money – perhaps in billions of Naira – were at No. 9 Imo Street, Maitama, Abuja. To make the story palatable, they informed Mr. Ajodo that the whistle-blower had gotten an affidavit backed with EFCC, sworn to at the High Court of FCT, Abuja. Mr. Umar Ibrahim was introduced to Mr. Lawrence Ajodo, the ‘hitman’ who obviously was known in the circle of whistle-blowers. He took over from there and became the kingpin.”

The Nigeria Police has charged several suspects to court over the invasion.

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JUSTICE ODILI RAID: GADZAMA WANTS CULPRITS PUNISHED, HAILS NBA

The pioneer Chairman of the Nigerian Bar Association (NBA) Section on Public Interest and Development Law (SPIDEL), Chief Joe-Kyari Gadzama (SAN) has urged the Federal Government to fish out and punish all those found culpable in the controversial raid on the residence of Justice Mary Odili of the Supreme Court.

In a statement made available to CITY LAWYER, Gadzama condemned “in very strong terms, the raid on the residence of Honourable Justice Mary Peter Odili, JSC, and make bold to aver that it is a siege on the sanctity of our nation’s judiciary, rule of law and the doctrine of judicial independence. This must not be left to go unpunished. I further call for an urgent investigation to help fish-out the perpetrators.”

The chartered arbitrator commended the NBA leadership “for issuing a statement, and with the speed of light too, therein condemning such act of rascality and taking further steps to convene an emergency meeting of the NBA National Executive Committee solely to discuss this issue and take a definitive stand on behalf of the NBA.”

He also praised the Olumide Akpata-led NBA on the successful conduct of the recently concluded Annual General Conference (AGC) in Port Harcourt,

Below are the statements by Gadzama.

STATEMENT OF CHIEF JOE-KYARI GADZAMA, SAN ON THE RAID OF JUSTICE MARY ODILI’S RESIDENCE BY UNIDENTIFIED SECURITY OPERATIVES

1. On Friday, the 29th day of October, 2021, while in Port Harcourt for the Annual General Conference of the Nigerian Bar Association, I received with much disappointment the news of the raid on Honourable Justice Mary Peter Odili’s residence. I have waited patiently to read further on the possible justifiable rationale for such gestapo show of might, but all to no avail. It is now more than 48 hours after the said raid and information is still scarce and far in-between as to the rationale for the raid on the residence of the second most senior judicial officer in Nigeria. It is a case of loud deafening silence and a game of blame-game. No one, seems to be claiming responsibility and no one seems to be offering further explanations on who is/was responsible for such dastardly act of rascality and impunity aimed at soiling the garment of our judiciary.

2. These trends of habitual unjustified raids on the residences of Judicial Officers, the concomitant unexplained reasons and continuous rape of due process, spell imminent doom and anarchy if not urgently arrested. Lest our collective silence be misinterpreted as our collective approval, this is a further call that the tenets upon which our society was founded be restored: rule of law. We must take heed to the words of Martin Luther King Jnr, when he said that the “the ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people”. The danger of our silence in the face of apparent injustice and anarchy cannot be overemphasized; it is the utmost form of betrayal.

3. I must therefore commend the Nigerian Bar Association, under the leadership of Olumide Akpata, for issuing a statement, and with the speed of light too, therein condemning such act of rascality and taking further steps to convene an emergency meeting of the NBA National Executive Committee solely to discuss this issue and take a definitive stand on behalf of the NBA. While I commend this initiative, I must emphasize that all must be emphatic that it is gravely unpardonable to assault, trample upon, attempt to intimidate and/ or harass the judiciary which is the last hope of the common man. Indeed, injustice anywhere is a threat to justice everywhere.

4. It is even more abhorrent that the rationale for the present raid on Hon Justice Mary Peter Odili’s residence has not been explained or justified, the incident could therefore only be interpreted as an attack on the Judiciary, possibly designed to intimidate and ridicule the Judiciary.

5. We must remember that Nigeria’s democracy is not made up of only the executive, but the legislature and the judiciary. Borrowing from the words of Caroline Kennedy, which now reflect the needs and realities of our space, “the very bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.” An independent judiciary is indeed the crown jewel of any democracy and Nigeria is no different.

6. As the Pioneer Chairman of the NBA Section on Public Interest and Development Law (SPIDEL) whose commitment is towards maintenance of public law and order, the very fulcrum upon which the society stands and thrives, I condemn, in very strong terms, the raid on the residence of Honourable Justice Mary Peter Odili, JSC, and make bold to aver that it is a siege on the sanctity of our nation’s judiciary, rule of law and the doctrine of judicial independence. This must not be left to go unpunished. I further call for an urgent investigation to help fish-out the perpetrators.

God Bless the NBA,
God Bless the Judiciary,
God Bless Nigeria.

I wish to congratulate us all on the successful conduct of the 61st Annual General Conference of our dear Association, the Nigerian Bar Association.

I must specifically thank the National Officers of our dear Association under the able leadership of our indefatigable President, Mr Olumide Akpata, the TCCP ably led by Mr. Omubo V. Frank-Briggs and the Local Organizing Committee for the exceptional leadership exhibited in ensuring the success of this conference.

This year’s conference is undoubtedly exceptional as it is embedded with so many takeaways that are beneficial to us as members of this profession in our personal and professional lives and as citizens of our dear Country, Nigeria to which we have a duty to serve with all our strength.

It is my wish and prayer that we will all make use of what we have learned at this auspicious conference and help in implementing all the panaceas proffered towards repositioning our great profession and by extension, the Country at large. There is no better time than now to do this.

As we travel to our various destinations to continue taking the lead, I wish us all a pleasant and safe trip back home.

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