How court verdict was twisted for legal opinion on Maina
* Judge only granted 2 out of 12 prayers in suit against Senate
* Malami under fire as SANs fault his legal advice
Andrew Orolua, Mathew Dadiya, Franseca Iwambe, Abuja.
Fresh facts have emerged about how a judgment delivered by Justice Adamu Bello of the Federal High Court in Abuja was twisted in initiating the legal opinion that led to the reinstatement of former Chairman of the defunct Pension Reform Task Team, Mr. Abdulrasheed Abdulahi Maina, to office.
The office of the Attorney-General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami (SAN) and one of his aides, Mr Okoi Obono -Obla, had cited the judgement as one of the basis for the recall of Maina.
Obono -Obla had also argued that there was no appeal against the judgment till date.
But a certified true copy of a judgment delivered by Justice Bello on March 27, 2013, showed that the judge only granted two out of 12 prayers sought by Maina in relation to the warrant of arrest issued against him by the Senate.
Copy of the certified true copy of judgement was obtained by The Daily Times on Wednesday.
The reliefs sought by Maina were as follows: (1) an order setting aside the warrant of arrest issued by the Inspector General of Police; (2) A declaration that the decision of the Senate through its committees on Establishment and Public Service and Committee on Local Government Administration seeking for his immediate arrest is illegal and unconstitutional; (3) Order restraining the respondents especially the Clerk of the Senate, Senate Committee on Establishment and Public Service and Senate Committee on State and Local Government from interfering with the management and administration of Pension Reform Task Team as illegal;
(4) An order restraining the two Senate committees from further issuance of any letter of invitation to him since their report had been submitted without given him fair hearing; (5) an order quashing the report of the committees as he claimed the action had breached his right to fair hearing; (6) An order of certiorari mandating the respondents and agents setting aside their resolution mandating the IGP to arrest him; (7) A declaration that the threat and intimidation and attempts to arrest while performing his lawful and legitimate duties as Chairman, Pension Reform Task Team was unconstitutional; (8) an order restraining the respondents from arresting and threatening to arrest him was unlawful; (9) An order of the court setting aside or quashing the warrant of arrest issued by the respondents; (10) An order perpetual injunction restraining the respondents and their agents from arresting him; (11) An order directing the respondents to pay him N1billion damages for unlawful interference and (12) And for such further order as the court might deem fit to make.
In his judgment on the matter, Justice Bello held that the failure of the Senate to attach relevant documents to the warrant of arrest was very fatal to the summon against Maina.
The judge said, “The implication of failure to produce and annex these vital documents to the counter affidavit of 1st, 2nd, 3rd, 4th,
5th, 8th, and 9th respondents is that there is no evidence before me to show that the investigation commenced by the said respondents is one validly commenced in accordance with the provisions of section 88(1)of the 1999 Constitution.
“If it has not been validly commenced in accordance with the Constitution, it follows that the summons or invitation to the applicant to appear before the committees would not have been validly issued and ipso facto, the warrant of arrest was not validly issued.
” In the circumstances therefore, I am bound to set aside the warrant of arrest issued by the 2nd respondent (Senate President) which threatens the right of the applicant to his personal liberty. Consequently, the warrant of arrest issued by the 2nd respondent for the arrest of the applicant is set aside.
“I also grant an order of perpetual injunction restraining the respondents jointly and or severally by themselves and or their agent, privies, servants, however so called from arresting the applicant on account of the warrant of arrest which has been set aside.”
But the judge made the following pronouncements that changed the course of event.
He said, “However, beyond these two reliefs, given all the facts available to the court, the applicant is not entitled to any other relief . My decision is based purely on the failure of the respondents to annex the vital documents I mentioned ,otherwise, the applicant would not have made any case at all.
” The decision should not therefore send a wrong signal to the public that the Senate does not have the power to cause an investigation within the purview of the powers conferred on it by section 88 and 89 of the Constitution with respect to the matters enumerated therein. Indeed, it has such powers and when properly exercised, it can summon any person in Nigeria to give evidence and can also compel the attendance of any such person.
” Let me end the judgment by advising the applicant (Maina) to summit himself voluntarily to the investigation by the Senate in order to show that he respects constituted authority. It is the least expected of him as a public officer and as a citizen of Nigeria. ”
Despite the judge’s pronouncement and the fact that other criminal charge involving Maina was pending in same court, the AGF in a letter dated April 27, 2017 and addressed to the Head of Service of the Federation directed the HoSF office to reinstate Maina on the purported import of the judgement delivered by Justice Bello on March 27,2013.
In the letter, Malami directed the reinstatement of Maina as Director in the Federal Civil Service on the grounds that the warrant of arrest issued against him by police on the request of the Senate had been set aside by Justice Bello.
But the AGF’s letter was silent on the allegation of embezzlement of over N2billion pension fund in which Maina was investigated by the Economic and Financial Crimes Commission (EFCC) and charged to court accordingly.
Malami’s letter also failed to address the fact that Maina was declared wanted by the anti-graft agency.
Besides, the controversial letter of Malami did not also disclose the fact that Justice Bello in the said judgement counseled Maina to surrender himself for investigation so as to clear himself of the grievous financial allegation against him.
According to the said letter cited by our correspondent with Ref. HAGF/FCSC/2017/Vol. 1/3, addressed to the Federal Civil Service Commission, reads; ”Attn: Deaconess J. O. Ayo, OON
Re: Demand for update on the re-instatement of Mr. Abdulrasheed Abdulahi Maina as Director in the Federal Civil Service.
”Your letter on the above captioned subject matter refrenced FCSC/CHMN/OC/17/Vol. XIV/209 dated 3rd March 2017 and the letters copied to the Office of the Honourable Attorney General of the Federation by the office of the Head of the Civil Service of the Federation on the same subject matter respectively referenced HCSF/LU/COR/FCSC/749/III/84 dated 27th March 2017 and 20 April 2017 refer (copied attached).
“You would recall that I wrote your office vide a letter refrenced HAGF/FCSC/2017/Vol. 1/2 dated 21 February 2017 wherein I drew your attention to the legal import of the judgment delivered by his lordship Hon Justice A. Bello of the Federal High Court, Abuja Judicial Division on Wedmesday the 27th day of March, 2013 in suit No FHC/Abj/CS/65/13 (Abdulrasheed Maina vs the Senate of the Federal Republic of Nigeria & 8 Ors), a suit which my office represented the Federal Government of Nigeria.
“In my said letter, I directed your office to give a consequential effect to the said judgment which voided the warrant of arrest issued by the Police against Dr. Abdulrasheed A. Maina, which warrant of arrest formed the basis for the query referenced MI/30040/1/1 dated the 15th day of Febraury, 2013 and his eventual dismissal from the service of the Federal Government of Nigeria on the 5th day of March 2013.
“Having reviewed all the correspondence vis-a-vis the court judgment. I hereby write to reiterate my earlier directive and further direct that you give a consequential effect to the aforesaid judgment by taking necessary steps to ensure immediate reinstatement of Dr. Maina to his duty post as a Director in the Federal Civil Service to enable him continue his service to the Federal Government of Nigeria.
“Please accept, Honourable Chairman, the assurances of my best regards always”.
The letter was copied to the Head of Service of the federation and the Permanent Secretary, Ministry of Interior.
But in the Justice Adamu Bello’s judgement relied on by the AGF, Maina was not cleared from the alleged N2billion fraud levelled against him on the pension fund.
Besides, Justice Bello only faulted the process which led to the issuance of the warrant of arrest without the relevant documents and consequently set aside the warrant.
The court in the judgement also counseled Maina to surrender himself to the authorities for investigation over alleged N2billion fraud.
Maina had approached the Federal High Court in 2013, seeking for the enforcement of his fundamental human rights and quashing the warrant of arrest issued against him by the police at the instance of the Senate, when he refused to honour the lawmakers’ invitation.
Joined as respondents in the suit are the Senate, Senate President, Clerk of the Senate, Senate Committee on Establishment and Public Service, Senate Committee on State and Local Government Administration, Inspector General of Police, Attorney General of the Federation, Senator Alloysius Etok and Senator Kabiru Gaya.
But the AGF had claimed that he has acted in “public interest” as he insisted that the controversial recall of Maina into the civil service did not “breach public interest”.
He further claimed in media report that he would soon tell Nigerians “the truth” about the incident when he responds to the Senate’s summon.
Malami was also quoted as saying that, “I am a legal practitioner, who is always guided by law and public interest and will therefore not do anything that deviates from the law or breaches public interest.
“I believe that Nigerians are entitled to know the truth in the entire saga and I am ready to speak directly to them when I appear before the Senate since I have been summoned by the legislature, which is investigating the matter.
“I will not however talk until I get clearance from my principal on the matter and I look forward to addressing anxious Nigerians on the matter when I appear before the senators.”
Malami, Winifred Oyo-Ita, head of the federal civil service, and Abdulrahman Dambazau, minister of interior, were said to have been involved in Maina’s posting to the interior ministry.
But Maina was accused of being involved in pension fraud running into over N100billion. After being declared wanted by the police, Maina went into hiding and reportedly fled to the United Arab Emirates (UAE). He was later dismissed from the federal civil service in 2013 for absconding from duty.
In a related development, some senior lawyers in the country have faulted Malami over his legal opinion in the re-engagement of Maina.
Accusing Malami of acting at logger-head with the position of the law and the fight against corruption, the senior lawyers added that the position of the AGF on Maina’s case is contrary to the collective interest of Nigerians.
The senior lawyers: Mallam Yusuf Ali ( SAN) and Mr Festus Keyamo (SAN) spoke during separate interviews with Daily Times last night.
Yusuf Ali also disclosed that there are extant federal civil service rules that make provisions for a civil servant who is on trial for a criminal offence.
Ali said, “If a serving civil servant is facing criminal prosecution for offences that border on fraud, corruption and capital offences, he must be interdicted, that is, he must be suspended from his work and placed on half salary.
“If truly there is an extant criminal charge against Maina before the Federal High Court , until the matter is decided in his favour, he can not be recalled to resume his work. The question to ask is whether or not the AGF was aware of the existence of that case if truly it exists.
“I will like to give the AGF the benefit of doubt that may be he was not aware of the case before he wrote his opinion that the man be recalled. However if he was aware that Maina has a pending criminal case before the Federal High Court bordering on corruption or such related offences, and he still was able to write for his recall, then he owes all Nigerians explanation why he advised as he did”.
On his part, Keyamo aligned himself with the submissions of Yusuf Ali, saying that the duty of the AGF is to ensure that the agencies saddled with investigation do their work diligently.
He said that the warrant of arrest issued by the Senate against Maina had nothing to do with charges preffered against him by the EFCC before Justice Gabriel Kolawole of the Federal High Court in Abuja.
He said, ” What the AGF would have done was to appeal the matter. The AGF should encourage criminal matters to go to a logical conclusion and not to serve as a hindrance.
” As the chief law officer, it lies on him to ensure justice for all since justice is a three-way traffic. If the legal opinion is actually from the AGF office, then he has missed the point because that opinion is a disservice to a government that is fighting corruption”.
The Daily Times recalls that the EFCC had filed a 35-count charge against Maina, former Head of Service of the Federation (HoS), Mr. Steve Oronsaye, and four others before a Federal High Court in Abuja over their alleged involvement in the N1.2billion fraud and money laundering offences.
Oronsaye and the other accused persons had all pleaded not guilty to the 24-count charge preferred against them when they appeared before Justice Kolawole in July 2015 except for Maina who was alleged to be at large.
The accused persons were said to have allegedly collaborated in defrauding the federal government to the tune of N118,992,201.6 under the guise of paying the money in tranches for the contract of biometric data capture project between March 2010 and December 2011.
The fraud was allegedly perpetrated through the award and payment for fake contracts to nine companies including, Innovative Solutions, Fredrick Hamilton Global Services, Xangee Technologies Limited, Fatideck Ventures, Obalando Nigeria Enterprises, Moshfad Enterprises and Fesbee Global Resources Limited.
The fraud offences were said to be punishable under 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
Also, the EFCC had declared Maina wanted over allegations of fraud, and diversion of pension fund for his personal use.
The commission’s spokesperson, Mr. Wilson Uwujaren, had then told journalists that Maina was wanted for his role in the fraudulent biometric contracts through which he and Oronsaye and two others allegedly stole over N2billion of pension funds.
Meanwhile, family members of Maina have claimed that their son was brought back to the country by the administration of President Muhammadu Buhari to fight corruption.
They further claimed that Maina “is not a fraudster but a messiah who brought reforms into the pension scheme.”
The family members stated this in Kaduna on Wednesday during a press conference. They also alleged that some cabals were behind their son’s travails.
The spokesman of the family, Aliyu Maina, also accused “a cabal” of being behind the travails of embattled Maina.
Aliyu further claimed that based on Maina’s ‘sterling record’ at the scheme, the government of President Buhari appealed to Maina to key into the “change agenda”.
He wondered why government officials were denying his brother, alleging that the DSS gave Maina protection.
He said, “It is on record that Abdulrasheed Maina’s reform put to a stop the fraudulent withdrawal of huge sums from both the Nigerian
Pension Board, the Nigerian Police Pension Board, etc. Perhaps it is his noble efforts that made him enviable to the present administration when they came into power to convince him to come back and assist in its ‘Change’ agenda.
“Abdulrasheed was in fact invited by this administration and he was promised security to come and clean up the mess and generate more revenue to government by blocking leakages.
“He succumbed to the present administration and came back to Nigeria. He has been working with the DSS for quite some time and he was given necessary security.
“There is a letter from the AGF where he gave his own legal opinion regarding the court verdict which was submitted to the Civil Service Commission and the head of service respectively. So, one wonders why all the agencies and various individuals responsible for his return are now denying.”
When asked on Maina’s whereabouts, Aliyu said: “As you know Abdulrasheed Maina had been a target of ….in the past, so experience is the best teacher. But when his security is guaranteed, he will surface from wherever he is and tell Nigerians the truth.”
Aliyu, who said the family had sought the intervention of its lawyers, added that Maina would soon make some damning revelations.
He said, “All the same, we have contacted our solicitors, Messrs Mamman Nasir & Co and instructed them to act appropriately. We equally know that Abdulrasheed Maina is in possession of some facts that are against the cabal and interesting to the Nigerian populace, which he will disclose soonest. One must ask whether it is an offence for somebody to serve his fatherland.”
Aliyu also disclosed that Maina inherited the houses which the EEFC recently seized in Kaduna.
He said the anti-graft agency had ordered the family members to vacate their residential house in Kaduna.
Govt officials loyal to Jonathan behind Maina’s recall – Presidency
But The Presidency has said that some influential government officials loyal to the administration of former President Goodluck Jonathan were responsible for the reinstatement of Maina.
The Senior Special Assistant to the President on Media and Publicity, Mr Garba Shehu, stated this in a statement made available to journalists.
Shehu was reacting to a statement by the Peoples Democratic Party on the matter.
He said the PDP had no moral right to level any accusations against the current government in respect to Maina.
Shehu said, “Some influential officials loyal to the previous government may have been the invisible hand in the latest scandal that saw the return of Maina to the public service, despite being on the EFCC’s wanted list.”
He, however, assured Nigerians that Buhari is determined to get to the bottom of the impunity that led to Maina’s reinstatement.
“Everything will be uncovered in due course. This just goes to show us the scale of corruption that this government is fighting. And, as
we can all see, corruption keeps fighting back viciously,” he added.
Shehu also described Maina as one of the monsters created by the former PDP government, and which are still rearing their ugly heads long after the party was defeated in the 2015 elections.
