SACK AONDOAKAA NOW -GANI FAWEHINMI

PRESS STATEMENT ON WHY THE ATTORNEY-GENERAL OF THE FEDERATION, MR. MICHAEL AONDOAKAA SHOULD BE REMOVED FROM OFFICE

Although I am in pain of medical treatment here in London, nevertheless, I am appalled and disturbed by the negative and unconstitutional role being played by the Attorney-General of the Federation, Mr. Michael Aondoakaa, SAN, with regards to the anti-corruption war embarked upon by the Economic and Financial Crimes Commission (EFCC).

Since his assumption of office on Thursday, 26th July, 2007, the Chief Law Officer of the Federation and Minister of Justice, Mr. Michael Aondoakaa, SAN has been giving the unmistakable impression that the crusade against corruption in Nigeria is not in his agenda and that the activities of the institutions engaged in the war against corruption do not have his support.

In this regard, the actions and utterances of the Attorney-General of the Federation are not in consonance with the avowed pronouncements and promises of the President of the Federal Republic of Nigeria, Alhaji Umaru Musa Yar'Adua to combat corruption in all its ramifications.

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The Attorney-General of the Federation has predicated his queer position on his powers under Section 174 of the Constitution of the Federal Republic of Nigeria, 1999, and his distorted understanding of the Rule of Law. On the contrary, he is acting against the fundamentals of his powers under Section 174 of the Constitution of the Federal Republic of Nigeria, 1999 and in violation of the rule of law for the following reasons:

* Under Section 174 of the Constitution of the Federal Republic of Nigeria, 1999, in exercising his powers to institute and undertake or to take over and continue or to discontinue any criminal proceeding in respect of federal offences under an Act of the National Assembly, the Attorney-General of the Federation must have regard to:-

o the public interest
o the interest of justice; and
o the need to prevent abuse of legal process.

SECTION 15(5) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999

2. Let me remind the Attorney-General that it is in the public interest commanded by the Constitution of Nigeria that the country must abolish all corrupt practices as enjoined by Section 15(5) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that:

"The state shall abolish all corrupt practices and abuse of power."

The decision of the Court of Appeal on what an Attorney-General should not do in the case of Anyabe v. Adesiyan (1997) 5 NWLR (Pt.505) 403 at 432, para. A, Per Oguntade, JCA (as he then was) is very instructive:

"he is expected to have regard to the public interest, the interests of justice and the need to prevent abuse of legal process. It must be said here in parenthesis that the Attorney-General, either of the Federation or a State cannot use his powers under the Constitution to subvert the other provisions of the Constitution."

This means that the Attorney-General of the Federation has no power to turn himself or his office into a stumbling block to the war against corruption as commanded by Section 15(5) of the Constitution of the Federal Republic of Nigeria, 1999.

CORRUPTION - BANE OF THE COUNTRY

3. Corruption is the bane of our development. It is the fundamental cause of our poverty in the midst of plenty. It has prevented the country from making political, social and economic progress. It has brought about high level of unemployment in the country. It has denied millions of Nigerians access to education, housing, health, food and infrastructures etc, etc.

Whilst the masses of our people wallow in poverty, their political leaders at all levels of governance are suffused in ill-gotten wealth by sheer stealing of the resources of the nation. Yet, we have an Attorney-General who has not shown the conscience, determination and commitment to deal with corrupt politicians.

Mr. Aondoakaa, SAN has never condemned corruption. He has never initiated any criminal prosecution of any public officer. He has never caused to be investigated any corrupt politician past or present.

Our Attorney-General pretends that he hears no corruption, sees no corruption in a country littered with corruption by public officers past and present. He must be living in a world of self-delusion and self-deception.

SUPREME COURT DECISION DELIVERED ON FRIDAY, 7TH JUNE, 2002 IN THE CASE OF ATTORNEY-GENERAL OF ONDO STATE V. ATTORNEY-GENERAL OF THE FEDERATION

4. It is ironic that the Chief Law Officer of the federation the Attorney-General of the Federation, Mr. Aondoakaa can pretend through his actions and utterances not to be aware of the landmark judgment of the Supreme Court delivered on Friday, 7th June, 2002, in Attorney-General of Ondo State v. Attorney-General of the Federation (2002) 9 Nigerian Weekly Law Reports (Pt.772) 222 where the Supreme Court interpreted the powers of the State and the powers of the Federal Government in relation to the Constitution of the Federal Republic of Nigeria, 1999 under the Exclusive Legislative List empowering the National Assembly to make laws to give effect to Section 15(5) of the Constitution.

In that judgment, the Supreme Court at Page 388, Paragraph E, per Uwaifo, JSC said as follows:-

"... only a centrally co?ordinated approach to the fight against Corruption in view of the shape it has taken and the international pressure for meaningful action can have the desired result."
Further at Pages 404-405, paragraphs H-A, Uwaifo, JSC stated:

"... in our own situation, taking the issue of corruption and abuse of power nationally will best serve the interests of all and the general welfare of Nigeria, both nationally and internationally. Corrupt practices have become an overwhelming malaise for Nigeria. It cannot be left totally to individual States."

ROLE OF THE ATTORNEY-GENERAL IN VARIOUS COUNTRIES OF THE WORLD

5. I want to demonstrate that our Attorney-General of the Federation, Mr. Michael Aondoakaa, SAN, is not performing his duties the way other Attorneys-General performed their duties in various countries of the world.

Our Attorney-General of the Federation, Mr. Michael Aondoakaa, SAN cannot find any comparable support internationally in the fight against corruption by other Attorneys-General in various countries of the world.

I will give few examples, which will shame the position of our Attorney-General of the Federation, Mr. Michael Aondoakaa, SAN:

o UNITED STATES OF AMERICA Richard Nixon and Spiro Agnew

As a result of the Watergate scandal in 1973 in USA when President Richard Nixon illegally authorized the breaking into the meeting of the Democratic Party held in Watergate Hotel and the matter became a serious national crisis, the Attorney-General of the United States, Mr. Elliot Richardson insisted that the tapes which will show that Nixon authorized it, should be surrendered by the President in the public interest of America. President Nixon resisted, but the Attorney-General insisted that nobody can break the law of America and get away with it. Finally, the tapes were released which confirmed that President Nixon has tampered with the tapes. The crisis led to the resignation of President Nixon as President of the United States of America in 1974. During the said Watergate crisis, the Vice President to President Nixon, Mr. Spiro Agnew was found to have engaged in corrupt practices while he was tax Governor of Maryland. The Attorney-General of America insisted that he must step down as Vice-President to enable him forfeit his immunity. He complied. He was later arraigned before a district court in America for corruption. He was tried, found guilty, convicted and sentenced to three (3) years imprisonment. That was the noble role an Attorney-General should play in defending the Constitution of a country and the public interest of the people.

o PHILIPPINES - Joseph Estrada

On Wednesday, 12th September, 2007, Mr. Joseph Estrada, former president of Philippines (1998 -2001) was jailed for life for corruption, for embezzling the resources of the people of Philippines while he was president from 1998 to 2001. It was the Attorney-General of that country that ensured that a thorough investigation was conducted and the past President brought to book and charges brought against him. He was found guilty, convicted and sentenced to life imprisonment by the court for corruption. That was the noble role an Attorney-General should play in defending the Constitution of a country and the public interest of the people.

o ZAMBIA - Frederick Chiluba

On 4th May, 2007, former President Frederick Chiluba of Zambia (1991-2001) was found guilty of stealing $46 million dollars in a case by a United Kingdom court (London High Court) Judge Peter Smith. On 7th June, 2007, the amount which Chiluba was ordered to repay was increased to $58 million dollars accounting for interest and legal costs. He was charged and given 168 counts of theft totaling $40 million dollars with his Intelligence Chief, Xavier Chungu. He appeared last in court on 14th August, 2007.

The Attorney-General of Zambia played a noble role in ensuring that the corrupt past president was made to refund the ill-gotten money and he is currently facing criminal charges for corruption in Zambian courts. That was the noble role an Attorney-General should play in defending the Constitution of a country and the public interest of the people.

o INDONESIA - General Suharto

General Suharto was the President of Indonesia from 1967 to 1998, thirty-one (31) years during which time he was found to have embezzled billions and billions of dollars of the resources of his people. It was the Attorney-General of Indonesia who ensured that Suharto the former president, who ruled Indonesia from 1967 to 1998, a period of thirty-one (31) years, was investigated and charged with embezzlement of public fund. That was the noble role an Attorney-General should play in defending the Constitution of a country and the public interest of the people.

o ISRAEL - Moshe Katsav

The President of Israel Moshe Katsav (2000-2007) was charged with sexual assault, rape, breach of trust and fraud in a court of law.

The Attorney-General of Israel said that Katsav claim that he had been made victim of a plot is "fairly slim" given the long line of women who complained against him. On 29th October, 2006, the Attorney-General advised Katsav to step down. Mr. Moshe Katsav resigned as the President of Israel on 29th June, 2007 after a plea bargain on 28th June, 2007 for sexual harassment and indecent acts. He received a suspended jail sentence and to pay compensation to two of his victims.

It was the Attorney-General of Israel that ensured that President Moshe Katsav did not escape justice for his immoral corruption. That was the noble role an Attorney-General should play in defending the Constitution of a country and the public interest of the people.

The above examples showed clearly the role a sincere, constitutionally patriotic and public interest guided Attorney-General should play. However, the dubious subterfuges being displayed by Nigeria's Attorney-General of the Federation, Mr. Michael Aondoakaa, SAN in trying to block the anti-corruption war must be condemned and resisted by Nigerians who must publicly call on the President of Nigeria to remove this man from office.

CALL FOR REMOVAL OF THE ATTORNEY-GENERAL OF THE FEDERATION

6. Since Mr. Aondoakaa, the Attorney-General of the Federation is not serving the interest of the public and the Constitution of Nigeria, I call on President Umaru Yar Adua to sack him as quickly as possible.

In the words of the Supreme Court of Nigeria in the case of State v. Ilori (1983) 1 SCNLR 94, Aniagolu, JSC at 116, paras. D-H said:

"No doubt, as the lead judgment rightly points out, an Attorney-General who exercises his powers contrary to the spirit of the . Constitution could easily fall out of the favour of his appointor or the National or the State Assembly, as the case may be, leading to a clamour for his removal."

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Per ESO, JSC at page 111:

"The only sanction against the Attorney-General where he abuses his discretion to institute or discontinue criminal proceedings is the reaction of his appointor or adverse public opinion which may force him to resign."

7. In summary, the Office of the Attorney-General of the Federation is gravely imperiled today by its present holder, Mr. Michael Aondoakaa, SAN because:

+ Mr. Michael Aondoakaa, SAN, absolutely failed to appreciate the dual nature of his office as both the chief law officer of the federation and Minister of Justice in the government of President Umaru Musa Yar'Adua.

+ Mr. Michael Aondoakaa, SAN, does not know what the public interest is with regards to the issue of corruption in Nigeria. He has chosen to ignore the fundamental problem of our country, which the Constitution has addressed.

+ Mr. Michael Aondoakaa, SAN is deliberately ignoring the constitutional command in Section 15(5) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that the 'State shall abolish all corrupt practices and abuse of power.'

+ Mr. Michael Aondoakaa, SAN does not appreciate the rule of law against corruption handed down by the Supreme Court in the case of A.-G., Ondo State v. A.-G., Federation (2002) 9 NWLR (Pt.772) 222 which enjoined all Nigerians to fight against corruption and to ensure that institutions set up under the Act of the National Assembly which gives effect to Section 15(5) of the Constitution should be allowed to function and not sabotaged.

+ By his pronouncements and attitude, the Attorney-General of the Federation, Mr. Michael Aondoakaa, SAN, has been unduly castigating, humiliating and vilifying public institutions and their officers assigned to fight corruption by the Constitution of the Federal Republic of Nigeria, 1999 and the Act of the National Assembly and confirmed by the decision of the Supreme Court in A.-G., Ondo State v. A.-G., Federation referred to above.

The behaviour of the Attorney-General of the Federation unequivocally demonstrates his bias for past public officers who are now accused of corruption by these constitutionally and legally established institutions.

+ Mr. Michael Aondoakaa, SAN, since coming into office as the Chief Law Officer of the Federation has not displayed the decorum and respectability of his office thereby eroding the public confidence the office should attract or engender.

+ What the Nigeria's Attorney-General has been doing since coming into office is diametrically against the internationally accepted role of a nation's Attorney-General.

CONCLUSION

The present Attorney-General of the Federation, Mr. Michael Aondoakaa, SAN should be removed from office by the President of the Federal Republic of Nigeria, Alhaji Umaru Musa Yar'Adua. As long as he remains in office, Nigeria will continue to be a laughing stock in the international community because the whole world is now fighting corruption by political leaders who have bled their people to socio-economic stupor and have made life unbearable for them in the midst of plenty.

Let us rid Nigeria of this disgrace.

CHIEF GANI FAWEHINMI LLD, SAN
Sunday, September 16, 2007
Hospitalised in London