Falana, others condemn theft charge withdrawal against Abacha
Lagos lawyer, Mr. Femi Falana (SAN), among other lawyers and civil societies on Wednesday, according to Punch report, condemned the withdrawal of over N400bn theft charges against Mohammed Abacha, a son of the late Head of State, Gen. Sani Abacha.
The prosecution on Wednesday withdrew the case which was before a High Court of the Federal Capital Territory in Wuse Zone 2, Abuja, on the instruction of the Attorney General of the Federation and Minister of Justice, Mohammed Adoke.
But Falana said the withdrawal of “such grave corruption charges has serious implications for prosecuting anti-graft cases.”
He said, “On the basis of equality before the law, anyone being prosecuted for fraud or corruption can file applications to have their cases withdrawn and struck out by all criminal courts in Nigeria. By the way, has the loot of N400bn been refunded by Mr. Abacha?”
Lagos-based lawyer, Mr. Jiti Ogunye, said the withdrawal was an embarrassment to the Supreme Court, which had earlier ruled that Abacha had a case to answer over the same charges.
He said, “The development is very sad for the rule of law, the administration of criminal justice system and the fight against corruption in Nigeria. With the withdrawal, which followed the recent verdict of the Supreme Court that Mohammed Abacha has a case to answer.
“The message that is being sent to the judiciary is that ‘we are at home with corruption, we are government of corruption and we promote corruption’.”
Ogunye added that the withdrawal was “a crude and rude slap on section 15(5) of the constitution which says that the state shall abolish all corrupt practices and abuse of power.”
He added the Attorney-General of the Federation, had by his action offended the philosophy of equality before the law, as many ordinary Nigerians facing charges for petty theft, “have no such opportunity of the charges against them being withdrawn.”
Another Lagos-based lawyer, Mr. Fred Agbaje, described the withdrawal as a political decision taken as part of President Goodluck Jonathan’s strategy to win Kano at all cost in his re-election bid.
He said, “It is a political decision. It is all an attempt by the ruling party to win Kano State at all cost in the election.
“In fact, condemned armed robbers could even be granted political amnesty towards 2015 general election.”
Another lawyer, Mr. Femi Aborisade, said though the Attorney General of the Federation has such power to withdraw such cases under 174(1)(c) of the constitution, but added that “I hold the opinion that the withdrawal of the charge is not in conformity with section 174(3) of the constitution.”
Chairman, Coalition of Corrupt Leaders Against Corrupt Leaders, Mr. Debo Adeniran, described the move as a embarrassing intervention by Adoke.
Adeniran, who said the withdrawal of the charges was “another graphic example that the present administration takes side with corrupt elements in the society.”
He added that the withdrawal could only have been a product of bargain with Abacha for the political future of President Goodluck Jonathan.
He said, “They would not have done that for nothing. It could have been done to promote a political agenda of President Jonathan administration.
“President Jonathan should not use the future of Nigeria to bargain for his ego or political interest.”
But he called on the anti-corruption agencies in the land to be bold enough to “dissociate themselves from the embarrassing intervention by the Attorney General of the Federation”.
Chairman of the Civil Society Network Against Corruption, Mr. Lanre Suraj, said that the development is the most unpatriotic action of the government that was already reputed for encouraging corruption.
He said, “It is the most unpatriotic action undertaken by this government reputed for encouraging corruption and negotiating shady deals with local and international criminals who have defrauded the country.
“Stakeholders are therefore charged to explore available options to ensure the retrieval of the money.”