An online news medium, Sahara Reporters, had on Tuesday released an audio clip in which the judge, who was handling an election petition involving Melaye and Senator Smart Adeyemi of the Peoples Democratic Party, PDP allegedly demanded a bribe from Melaye in dollars.

In a petition signed by its chairman, Olanrewaju Suraju, the group, on Thursday, urged the commission to urgently commence a high-powered investigation by a team of forensic experts into the allegation.

“In the recordings which capture the telephone conversation between Justice (Mrs.) Akoh and Mr. Melaye, at two different times, the judge is overheard asking Mr. Melaye to give her a bribe in US dollars.

The leaked audio tape:

“She also sought Mr. Melaye’s assistance for a person he repeatedly referred to as her ‘daughter’ to secure a job at the Cross River State Ministry of Health, with the senator reassuringly bragging that he had already spoken to Governor Ben Ayade.

“It is worth noting that sometime in 2016, Justice Ikpeme dismissed a petition by Smart Adeyemi, Mr. Melaye’s opponent at the 2015 Kogi-West senatorial district election — in accordance with the plot of reaffirming the alleged electoral infractions associated with the emergence of Mr. Melaye.”

The coalition stated that in view of the gravity of the allegations, the EFCC must urgently commence a high-powered investigation by a team of forensic experts into the allegations.

The CSNAC said the fight against corruption would remain deficient in the face of unbridled electoral fraud and manipulation if nothing was done.

However, Melaye, has denied bribing the judge, adding that the voice recording was fake.

In a message on his official Twitter handle, said Sahara Reporters was fabricating lies against him because he had sued the medium and the case was about to come up for mention in court.

“Sahara Reporters and ‘awada kerikeri’; using voice-over to malign me because my case with them comes up in few days’ time, June 5, 2017.”

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This latest call on the National Assembly reiterates an earlier call made by the Africa Network for Environment and Economic Justice (ANEEJ), in August 2016 in the wake of delays in the confirmation of Ibrahim Magu as substantive Chairman of the EFCC.

The groups in a communique issued on Sunday in Abuja at the end of its National Conference on the Role of the Legislature in the Fight Against Corruption, organised by the National Assembly and the Presidency, noted that prior to the process leading to the confirmation of Ibrahim Magu as Chairman of the Commission, the National Assembly went on recess.

Interestingly, the Senate has since reconvened, screened and confirmed justices of Supreme Court and Board of the Niger Delta Development Commission (NDDC) forwarded to it long after the submission of Magu’s name for confirmation as EFCC’s chairman by President Muhammadu Buhari.

Section 2 of the EFCC Act says ‘there shall be a chairman who shall be the Chief Executive Officer of the commission, and who shall not be below the rank of an Assistant Commissioner of police. He is to be saddled with the responsibility of running the anti-crime commission.

The groups, said it verily believed that Magu, a Deputy Commissioner of Police, meets and exceeds this requirement, and therefore his confirmation as EFCC Chairman without further delay will give the anti-corruption fight the boost it needs to end the culture of impunity and systemic corruption in Nigeria.

Members of the platform (ANEEJ, CACOL, CSNAC, Centre for Transparency Advocacy (CTA), and Publish What You Pay) contended that the security of tenure for the leadership of the anti-corruption agencies saddled with the task of tackling the debilitating effects of corruption is a globally recognized principle for guaranteeing the independence of anti-corruption agencies.

The group said that fighting corruption without the basic guarantee of security of tenure for the head of anti-corruption agencies as has become the trend in the recent past in Nigeria is one of the major limitations of the fight against the scourge of corruption and the Senate of the Federal Republic of Nigeria has a duty to reverse this trend.

The stressed that the guarantee of security of tenure of anti-corruption agencies officials is at the root of the independence, effective functioning and freedom from undue influence of anti-corruption agencies as prescribed by article 6(2) of the UN Convention Against Corruption (UNCAC) of which Nigeria is a signatory. It stressed that anything short of such a guarantee renders the fight against corruption ineffectual, susceptible to political manipulation and compromises the independence of the anti-corruption agencies.

The group said that while the EFCC has of late stepped up the fight against acts of corruption and abuse of public trust as exemplified in the tracking of those remotely and directly connected with the misapplication of monies meant to fight Boko Haram insurgency, confiscation of the properties suspected to have been acquired from proceeds of crime linked to politically exposed persons as well as the investigation and prosecution of alleged owners, the lack of a substantive head with a secured tenure has been a major set back in all these efforts.

“This delay by the Senate sends a wrong signal of deliberate attempt by the Senate to frustrate the anti-corruption fight or at best, exert political pressure on the EFCC and force it into some compromise with the Senate.”

Having reconvened from recess almost two months ago, the group therefore called on the Senate to “treat Magu’s confirmation as substantive executive chairman of the EFCC as a matter of top priority and of urgent national interest.

“We also call on President Buhari to use the ongoing second review mechanism of the United Nations Convention Against Corruption (UNCAC), which Nigeria is undergoing to send a strong message to the international community that Nigeria is genuinely committed to the fight against corruption.”

Those who signed the communique include Debo Adeniran of the Coalition Against Corrupt Leaders(CACOL), Lanre Suraju of Civil Society Network Against Corruption(CSNAC), Adetokunbo Mumuni of Social-Economic Rights and Accountability Project”(SERAP) and David Ugolor of the Africa Network for Environment and Economic Justice (ANEEJ).

Others include Okey Nwanguma of Network on Police Reform in Nigeria (NOPRIN), Faith Nwadishi of Publish What You Pay (PWYP) Nigeria and Oluajo Babatunde of Centre for Transparency Advocacy (CTA).

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In a follow-up to a report in the Punch Newspaper of June 15, 2015, titled: “Controversy rages over $3.2 billion judgment against FG,” CSNAC’s National Chairman, Olanrewaju Suraju, said the group is petitioning the EFCC to investigate the activities of a former Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN); former Minister of Finance, Dr. Ngozi Okonjo-Iweala; and a lawyer, Joe Agi (SAN), over the alleged fraud.

According to CSNAC, its private investigation indicated that serious economic and financial crimes have been committed by the public officers and private individuals who facilitated the procurement of the fraudulent judgment.

The petition reads: “In Suit No FHC/ABJ/129/2013 filed on June 11, 2013 at the Federal High Court, Abuja some local governments and Linas International Limited sued the Attorney-General of the Federation, Ministry of Finance and Accountant-General of the Federation over the illegal deductions made by the Federal Government from the statutory allocations of the 774 local government councils in the Federation Account for London Club Debt buy back in 1992 and London Club Debit exit in 2006.

“In the originating summons the plaintiffs claimed the sum of $3.2 billion payable to them from the Federation Account. The court processes were served on the Defendants. In spite of the serious claims of the plaintiffs the defendants did not file any defence or brief any lawyer to defend the Federal Government.”

The coalition noted that the suit challenged the decision of the Federal Government taken in 1992 but the action was based on the 1999 Constitution, which came into force in May 1999.

It said: “Besides, the case was filed to challenge the decision taken by the Federal Government 21 years earlier. With respect to the payment of Paris Club debt in 2006 the action took place 7 years earlier. Yet the trial Judge, Justice Adeniyi Ademola gave judgment to the plaintiffs contrary to the Public Officers Protection Act which has barred the institution of any action against the action of a public officer after 3 months.

“The lawyer who instituted the case is the personal friend and lawyer of Justice Ademola. When the judge was accused of judicial misconduct by the National Judicial Council not too long ago it was Mr. Joe Agi SAN who represented him free of charge before the panel of the NJC which investigated the complaint.

“In a judgement delivered on December 3, 2013 , Justice Ademola ordered the Federal Government to pay the sum of $3, 188, 079,505.96 (Three billion, one hundred and eighty eight million, seventy nine thousand and five hundred and five naira, ninety six kobo) to the plaintiffs.

“The defendants did not appeal against the judgment and did not draw the attention of the Federal Executive Council to the judgment sum. The application for the fiat of the Attorney-General to authorize the payment of the judgment debt was granted by Mr, Adoke SAN while Dr. Okonjo-Iweala authorised the payment of the judgment sum.

“Out of the judgment sum of $3.2 billion $1.6 billion has been paid to the plaintiffs. The sum of $1.6 billion was paid into Mr. Joe Agi’s Account at the Sky Bank PlC. The Sort Code No is 076151019 while the Account No is 10060003931.”

While noting that the Debt Management Office was curious about judgement and in a letter to the Office of Accountant General of the Federation, dated July 12, 2012 and with reference no: DMO/DRS/01/057/11/430, opposed the court judgment, advising the Office of Accountant General against payment of the claims by Linas International Limited.

CSNAC reminded the AGF of the legal error in challenging an action in 1992 under a constitution that was promulgated in 1999.

It also stated that repayment done in 1995 was under a unitary military government where all decisions affecting state and local government were taken at federal level.

But in a dramatic turn of event, CSNAC said “the office of Attorney General of the Federation and Minister of Justice, via a letter with reference no: HAGF/CJD/2014/VOL. II/357 and dated 24th March, 2015, conveyed his consent, pursuant to section 84 of the Sheriffs and Civil Act for the judgment payment from government accounts. It was on the basis of the fraudulent consent that the sum of $1.6 billion was paid and shared by the criminal suspects.”

The coalition averred further that although the Federal High Court directed that the judgment sum be used to provide security and mobile health care system in each of the 774 local government councils in Nigeria, the part payment of $1.6 billion has been diverted, with the payment of the sum of $1.6 billion not reported in any of the meetings of the Federal Accounts Allocation Committee and the National Economic Council.

After the initial ruling, the Justice Adeniyi Ademola was said to have in another suit between the same parties delivered judgment on the same day and also ordered the consultants to be paid.

The judgments read: “The plaintiff is entitled to be paid consultancy fees of N1,000,000.00 per Local Government plus 20 per cent of all refunds made or yet to be made to each Local Government in settlement of Paris Club debt, whether the refunds were made to the Local Government or through any of their agents or agencies including the 4th Defendant.

“That a declaration is made that the 2nd and 3rd Defendants are entitled to deduct at source and pay to the Plaintiff through his lawyer all consultancy fees due to the Plaintiffs from all Local Governments of Nigeria on account of the excess crude funds used by the Federal Government in settlement of Paris Club debt.

“That a mandatory order is hereby made on the 2nd and 3rd Defendants to deduct at source and pay to the Plaintiff through his lawyer Joe Agi SAN all consultancy fees.

“That a mandatory order of injunction is hereby made restraining the 2nd and 3rd Defendants from releasing further funds to the Local Government unless all consultancy fees have been deducted at source and paid to the Plaintiff through his lawyer’s account with Skye Bank Plc, Sort Code 076151019 – Account No: 1060003931.”

CSNAC said from the two judgments delivered on December 3, 2013, the judge awarded N774 million to the consultant as consultancy fees and proceeded to award another 20 per cent of all the recovered fund as consultancy fees to the same consultant in the second suit.

The judge then proceeded to order that the remaining fund be paid to companies and individuals who were not parties to either of the two suits. In the Order of Garnishee issued by the judge on 20/5/2015 he ordered payment:

“A(i) Phil-Tech Nigeria Limited, the sum of USD 157,755,935.56 to be paid into FBN Plc A/C No: 2025939578 (First Bank of Nigeria Plc).
(ii) To Prince Orji Nwafor-Orizu the sum of USD 1,354,933.78 to be paid into Diamond Bank Plc. A/C 0051329942.

(iii) To Barr. Bello Olaitan Busayo the sum of USD 239,105.96 to be paid into FBN Plc A/C 2025921142.

B(i) RIOK Nigeria Limited, the sum of USD315,619,871.1 to be paid into FBN Plc A/C 2025947832 (First Bank Plc.

(ii) To Prince Orji Nwafor-Orizu the sum of USD2,709,867.67 to be paid into Diamond Bank A/C 0051329942.

(iii) To Barr. Bello Olaitan Busayo the sum of USD 478,211.92 to be paid into FBN Plc A/C 2025921142.

C(i) XI Nigeria Limited the sum of USD 154,621,856.128 t be paid into GTB A/C No:0022764433 (Guarantee Trust Ban Plc.)

(ii) To Prince Orji Nwafor-Orizu the sum of USD4,064,801.37 to be paid into Diamond Bank Plc. A/C 0051329942.

(iii) To Barr. Bello Olaitan Busayo the sum of USD717,317.80 to be paid into FBN A/C2025921142.

D(i) SNECOU Group of Company Limited, the sum of USD157,755,935.56 to paid into UBA A/C No: 300093201 (United Bank of Africa Plc.)

(ii) To Prince Orji Nwafor-Orizu the sum of USD1,354,933.78 to be paid into Diamond Bank Plc A/C 0051329942.

(iii) To Barr. Bello Olaitan Busayo the sum of USD239,105.96 to be paid into FBN A/C2025921142.

E(i) Wells Procurement Services Limited, the sum of USD318,807,950.596 being 10% of the portion of the judgment sum of USD318,807,950.596 as adjudged in the judgment in Suit No: FHC/ABJ/CS/130/13 between Linas International Limited & 235 Ors. v. The Federal Government of Nigeria & 3 Ors.

(i) Systematic Engineering Limited, the sum of USD156,215,601.79 to be paid into Diamond Bank Plc. A/C No: 0054426581.

(ii) To Prince Orji Nwafor-Orizu the sum of USD3,188,073.50 to be paid into Diamond Bank Plc. A/C 0051329942.

“From our findings we have confirmed that serious economic and financial crimes have been committed by the public officers and private individuals who facilitated the procurement of the fraudulent judgment.

In view our findings we appeal to you to investigate how the judgment sum was obtained, the connivance of the offices of the Attorney-General, Minister of Finance and Accountant-General with the plaintiffs to dupe the Federal Government in the payment of the sum of $1.6 billion from the Federation Account.

“You may wish to demand from Joe Agi SAN the resolution of each of the local governments in the country authorizing him to file the suit, the evidence that the local governments appointed Linas International Limited as their consultant and that they agreed to pay the company consultancy fee of 20 per cent of the judgement sum and the services rendered by the company.

“The lawyer should also furnish you with evidence of the disbursement of the sum of $1.6 billion which was paid into his personal bank account.
“Since majority of the local governments in the country currently owe arrears of workers’ salaries we urge the Commission to speed up the investigation of this complaint so that the sum of $1.6 billion which has been paid to the plaintiffs can be recovered without any delay.”

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In a petition signed by CSNAC chairman, Olanrewaju Suraju, and addressed to the chairman of the commission, Prof. Itse Sagay, the anti-corruption coalition said the commission should investigate the introduction of Gabriel Igbinedion to Justice Auta at a book launch in honour of the Justice as well as the donation of N8 million at the book launch by Igbinedion whose son was standing trial at the High Court before the donation.

The petition read: “In its publication of 18th February, 2016, Premium Times, an online newspaper reported that The Economic and Financial Crimes Commission has accused Mr. Rickey Tarfa, a senior Nigerian lawyer, of having a long history of manipulating courts and improperly communicating with judges. Mr. Tarfa, in defence instituted a Fundamental Rights Enforcement Action against the Commission. In the course of the proceedings, several startling revelations were made by the Commission.

“The report stated that in furtherance of his unhealthy relationships and communication with judicial officers, Mr. Tarfa sometime in April 2015, attended a book launch in honour of Ibrahim Auta the Chief Judge of the Federal High Court, in the company of Gabriel Igbinedion, who was the chief launcher. At the event, Mr. Tarfa introduced Mr. Igbinedion to judges and senior lawyers who attended the programme. In the counter affidavit deposed to by one Moses Awolusi, an investigator on behalf of the EFCC, he stated as follows:

“That I know as a fact that in spite of the Applicant’s knowledge of Rule 3(f)(j) of the Code of Conduct for Judicial Officers which stipulates that ‘A judicial officer and members of his family shall neither ask for nor accept any gift, bequest, favour, or loan on account of anything done or omitted to be done by him in the discharge of his duties’ the Applicant did not advise his client not to donate the said sum of N8 million to the Chief Judge of the Federal High Court. Now shown to me and marked Exhibit ‘Q’ is Thisday edition of 3rd May 2015 capturing the proceedings of the launching including role of the Applicant”.

Furthermore, the report also stated that in the said affidavit, the investigating officer also stated “That I know as a fact that the Applicant’s client, Chief Gabriel Igbinedion made the donation of N8m at the referred occasion to the Chief Judge of the Federal High Court in spite of knowledge by Chief Gabriel Igbinedion that his son Michael Igbinedion who had been convicted was awaiting the sentence of the Federal High Court in criminal proceedings pending against Chief Gabriel Igbinedion’s son (Chief Michael Igbinedion) before the Federal High Court”.

While noting that shortly after the book launch and donation of the said N8 million, Chief Gabriel Igbinedion’s son Michael was sentenced to 1 year imprisonment or a paltry fine of N1million in questionable plea bargaining that sparked outrage among Nigerians

“It is trite that the Code of Conduct for Judicial Officers is replete with several provisions on the conduct and relationships of judicial officers with members of the public.
“The Code of Conduct prohibits judicial officers from unnecessarily fraternizing with members of the public that could result in putting the course of justice in jeopardy as well as causing embarrassment to the judiciary.
“The noncompliance with the provisions of the rules can be seen as exemplified by the questionable plea bargaining procedure Chief Gabriel Igbinedion’s son benefitted from shortly after his introduction to Hon. Justice Auta and the donation of the aforementioned sum.
“CSNAC is therefore by this petition calling for a thorough investigation of the circumstances surrounding the introduction of Chief Igbinedion to Hon. Justice Auta, as well his donation of N8million at the book launch. The presence of several lawyers at the book launch should also be thoroughly investigated as this could create conflict in the exercise of his duties as a judicial officer, since the crop of senior lawyers who were in attendance are likely to come before his court.”

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In a statement issued by the organisation, which comprises of over 150 civil society groups, through its chairman, Olanrewaju Suraj, CSNAC said Saraki’s lead lawyers, Joseph Daodu and Mahmud Magaji, both Senior Advocates of Nigeria, erred by advising their client to defy the summons of the Code of Conduct Tribunal, CCT.

The CCT had summoned Saraki to answer a 13-count charge of fraudulent acquisition and declaration while in office as the governor of Kwara State between 2003 and 2011.

The statement said the accused person did not appear at the Tribunal scheduled to commence on Friday, September18, 2015 because the senior advocates were looking for an ex-parte order to prevent the Tribunal from sitting.

“Instead of advising his client to honour the summons, Magaji SAN headed for the Federal High Court where he unsuccessfully sought an order ex parte to restrain the Tribunal from hearing the criminal case.

“On his part, although Daudu SAN had undertaken to produce his client on Monday, September 21, 2015 he rushed to the Court of Appeal where he unsuccessfully sought an ex parte order to prevent the Tribunal from sitting.

“On that same day, the Federal High Court refused to stop the Tribunal from sitting. Once again, the accused person did not appear at the Tribunal.”

While establishing that the misleading advice from the lawyers was responsible for Saraki’s absence from the tribunal, the group said, “In defending his action for treating the Code of Conduct with contempt in the circumstance, the Senate President disclosed to Nigerians that he did not appear at the Tribunal on the advice of his lawyers.”

Pegging their call for sanction on the misleading advice, the coalition said, “Having betrayed their Oath as senior advocates by advising their client to treat the Code of Conduct Tribunal with disdain, they ought to be sanctioned to serve as a deterrent to other lawyers in the country.

“We are therefore compelled to request the Legal Practitioners Privileges Committee to sanction the senior advocates who have been indicted by the senate president.

“Having led their client to defy the summons of the Code of Conduct Tribunal we urge the Legal Practitioners Privileges Committee to sanction Messrs. Daudu and Magaji as their conduct is a total betrayal of the Oath taken by them as legal practitioners.

“The discipline of the two senior advocates of Nigeria will serve as a deterrent to other legal practitioners who are in the habit of advising their clients to treat court orders with disdain,” the group said.

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Lamorde who spoke at a roundtable meeting convened by the Partners for Electoral Reforms and Civil Society Network Against Corruption in Lagos, said that while the Commission is mindful of the need to insulate itself from partisan political matters, it will continue to perform its statutory duties as contained in its Establishment Act.

Lamorde who was represented by Iliyasu Kwarbai, (Zonal Head of Operations, Lagos), said that the EFCC will not hesitate to invoke its special powers as contained in Section 7 Sub Section 1 (a)(b) of the EFCC Act, which empowers it to “cause investigations to be conducted as to whether any person, corporate body or organization has committed any offence under the act or other law relating to economic and financial crimes”.

He also advised politicians to abide by the rules and regulations guiding electoral issues.

Coordinator of Civil Society Network Against Corruption, Suraj Olanrewaju explained that the forum was meant to discuss the independence of anti-corruption agencies in the run up to 2015 election while making critical assessment of citizen vigilance and oversight of anti-corruption agencies in the build up to the elections.

The meeting also discussed Political Parties and their preparedness for the elections.

Robina Namusisi, Country Director, International Republican Institute, lent an international angle to the discussions, when she said that her agency was involved in “working with political parties to have stronger platforms; training political parties to know their roles and also deploying observers to observe elections and ensuring that politicians are more transparent to the public in the next election”.

In his presentation, Professor Sam Egwu, Team Leader, Governance and Peace Building, United Nations Development Programme, UNDP, Abuja, said though corruption was rife and pervasive in Nigeria, the Economic and Financial Crimes Commission, EFCC, remained the only anti-graft agency making impact. \

He however charged the EFCC to work harder and make its impact felt more by Nigerians.
The meeting was attended by representatives of some political parties and different civil society groups.

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