Special Presidential Investigation Panel has no power to prosecute, Court rules

Andrew Orolua, Abuja

The Federal High Court sitting in Abuja on Monday dismissed the charges filed against the Director of Finance and Accounts in the Federal Ministry of Power, Works and Housing, Mr. Ibrahim Tumsah and his brother, Tijani Tumsah, also a staff of the Ministry, by the Special Presidential Investigation Panel for the Recovery of Public Property. The trial judge, Justice Edward Ekwo, in his ruling discharged the defendants on the ground that the Special Presidential Investigation Panel for the recovery of public properties lacks the prosecutorial powers to initiate criminal proceedings against any Nigerian. Justice Ekwo held that the function of the panel terminates with the completion of investigation and any attempt to file charges on its own is ultra vires, null and void as the constitution does not empower the panel to file charges against anyone. The defendants had in their motion, relied on section 4(4) of Recovery of Public Property Special Provisions Act to urge the court to decline adjudicating on the matter. Lawyer to the defendants, Abdul Mohammed insisted that the presidential panel has no prosecutorial powers, adding that the section provides for acts that can be taken by the presidential panel. The 1st defendant’s counsel told Justice Ekwo that a full panel of Court of Appeal, had in a judgement delivered on November 5, 2018, barred the presidential panel from filing any charge in court against any person because it lacks such prosecutorial powers. Adumberating on his notice of preliminary objection, Ogunwumiju, SAN, prayed the court for an order striking out the 2-count charge for lack of jurisdiction. He showed the court a copy of the Court of Appeal judgement, adding that section 27(2) of the 1999 Constitution, as amended, stipulates that a decision of the Court of Appeal shall be enforced in any part of the Federation. “The Court of Appeal even said they cannot approach any court, not to talk of filing a charge” Ogunwumiju said. He posited that the presidential probe panel was in contempt, having not obeyed the appellate court’s pronouncement. Counsel to the presidential probe panel, Celsus Ukpong, had vehemently opposed the applications, and urged the court to dismiss them. Ukpong argued that the Court of Appeal judgement was not applicable in the instant case. He posited that under section 3(3) of the Recovery of Public Property Special Provisions Act, the President has the power to set up a probe panel, and that the panel can sue on behalf of Mr. President. More so, Ukpong submitted that section 4(4) of the Act, which the 1st defendant’s counsel referred to, “mainly talked about suspects who had received and completed their asset declaration forms. But where a person neglected and refused to declare the person’s assets, that constitutes a criminal act, liable for prosecution by a lawyer on behalf of Mr President. The judge discountenanced the prosecution submissions. He said the court must abide by the decision of the Court of Appeal and if the prosecution wants to challenge the decision, he should approach the Supreme Court not the Federal High Court. It would be recalled that the two brothers were re-arraigned on October 31, 2018, before Justice Edward Ekwo of the Federal High Court sitting in Abuja over failure to declare their assets, after the Court of Appeal upheld their objection to the arraignments. Specifically, the two public servants were charged by the Okoi Obono Obla-led presidential probe panel for refusing and neglecting to declare their assets to the special panel. The offences ran contrary to and punishable under Section 3 (3) of the Recovery of Public Property (Special Provision) Act, 2004.