ABUSE OF OFFICE: Abuja Court Okays El Rufai’s Trial

The victory secured by former Minister of the Federal Capital Territory, Mallam Nasir el Rufai at a Federal High Court late last year over charges of abuse of office and public trust slammed against him by the Economic and Financial Crimes Commission, EFCC, appears to be shortlived.

EFCC on Monday secured the approval of an Abuja High Court to prefer criminal charges against the former minister and two others for abusing their offices while they held sway at the Ministry of the Federal Capital Territory.

Following the refusal of a Federal High Court presided over by Justice Adamu Bello to entertain the trial of el Rufai and others on the strength of a provision in the Independent Corrupt Practices Commission Establishment Act which stipulates that charges for offenders of the Act to be tried at a state High Court, the anti-graft agency proceeded to the Abuja High Court to resume its legal battle against the former minister.

He had opposed this fresh attempt to continue his trial and pposed his arraignment before the Abuja c ourt. Counsel to the former minister, led by Chief Akin Olujinmi, a senior advocate of Nigeria and former Attorney General of the Federation and Minister of Justice in their opposition to the arraignment of el Rufai,  told the court that the charge over which the accused persons were brought to court was predicated upon a law that was null and void and therefore lacked merit.

While challenging the jurisdiction of the court to entertain the matter on the ground that the ICPC Act 2003, under which the accused persons were being charged had been repealed and could therefore not be used as a legal platform for their trial, the senior advocate argued that the EFCC lacked the power to prosecute his client as the entire allegation against the former minister and the other accused persons did not constitute financial crimes.

In his ruling, however, Justice Abubakar Sadiq disagreed with el Rufai’s lawyers and granted leave to the anti-graft agency to prefer criminal charges on the former minister and observed that the ICPC Act 2000 is a valid, subsisting and live legislation which has not been invalidated and noted that he has not come across any judgment or any act of the National Assembly that repealed or voided that act.

The judge further observed that vital consideration which governs the amendment of a charge, whether to grant the leave to amend a charge or not before delivering of judgment is that such may be made without injustice to the accused persons and noted that in the instant case, that the accused persons are yet to take their plea and therefore cannot see how a miscarriage of justice is occasioned in this instance.

On whether the anti-corruption has the power to initiate the prosecution of the accused persons, the judge agreed with the prosecution counsel that EFCC’s mandate is elastic.

Consequently, the court fixed Thursday 7 April for the arraignment of the former minister and the other accused persons on an amended 8-count charge bordering on abuse of office.

Others standing trial alongside el Rufai  are former Director-General of Abuja Geographic Information System, AGIS; Ms. Altine Jubrin and former General Manager, AGIS, Mr. Ismail Iro.

By Nnamdi Felix / Abuja