Magu Probe In Breach Of His Constitutional Rights – Tayo Oyetibo (SAN)

Daniel Ojukwu

The continued detainment and probe into allegations leveled against suspended acting chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, has been termed unconstitutional and a breach of his rights.

In a press release issued by Tayo Oyetibo (SAN) and obtained by managing editor, Ranti Thomas, he said the manner in which the investigation is being conducted is unconstitutional.

He said Magu was supposed to have been charged to a court within 40 meters of where he was arrested, 24 hours after his arrest.

The release read, “On Monday 6 July 2020 it was widely reported that the now suspended Acting Chairman of the EFCC, Ibrahim Magu, was arrested and taken before the Justice Ayo Salami led Panel of Inquiry set up by the President to investigate a number of allegations raised against him.

“As of today Sunday 12 July, 2020 Magu is reported to still be in detention whilst the investigation of the allegations made against him continues.

“Although the allegations made against Magu are said to be documented and boarder on serious economic crimes and abuse of office, that does not mean that he has lost his constitutional rights.

“Amidst the cacophony of allegations of serious crimes made against Magu, the law of Nigeria still speaks the same language which is expressed in section 35 of the constitution of the Federal Republic of Nigeria which provides to the effect that every person who is arrested or detained upon reasonable suspicion of his having committed a criminal offence shall be brought before a court of law within a period of 24 hours in the case of an arrest in a place where there is a court of competent jurisdiction within a radius of 40 kilometers otherwise he ought to be released on bail.

“It cannot be said that there is no court of competent jurisdiction within a radius of 40 kilometers with Abuja where Magu was arrested.

“While it may be argued that the EFCC which Magu hitherto headed was notorious for ignoring this constitutional provision in relation to citizens who were arrested under him, the law of karma has no place under our constitutionalism. For these reasons, Magu ought to be released on bail forthwith as otherwise the government would be acting excessively in breach of his rights.”

Magu who was arrested by the Department of State Services last week Monday, and then suspended, is currently being detained and undergoing interrogation from a presidential panel headed by a former President of the Court of Appeal, Justice Ayo Salami.

Among the allegations levelled against him is the failure to account for interest accrued on N550bn cash recovered by the agency from 2015 to 2020.

A report made by a previous panel headed by Alhaji Abdullahi Ibrahim, titled, ‘Final Report of the Presidential Investigation Committee on the EFCC Federal Government Recovered Assets and Finances from May 2015 to May 2020’ found the N550bn unaccounted for and has been used in the ongoing investigation.

The report read in part, “Failure to report on the interest on actual lodgements clearly establishes that the interest element of over N550bn has been re-looted relating to the period under review.

“This is an apparent case of manipulation of data in a very brazen and unprofessional manner and this has greatly eroded the public confidence in the anti-corruption efforts.

“It must be pointed out that the discrepancy of more than N31bn does not include interest accrued in this account since it was opened.

“It therefore cast serious doubt on the credibility of the figures and means that substantial amount of money has not been accurately accounted for.”

Magu, yesterday, wrote to the Inspector General of Police, Mohammed Adamu, through his legal representatives to demand a release from custody as his offences “are bailable.”

He has threatened to go on a hunger strike if he remains in custody.