The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) on Tuesday said President Muhammadu Buhari does not enjoy immunity from being investigated in the Federal Government's ongoing onslaught against corrupt elements in the country.
Malami who was reacting to the position of the Nigerian Bar Association (NBA) on the clampdown on judicial officers in the country, disclosed that nobody is exempt from being probed including the President, Vice President, Governors and their deputies who are protected by the immunity clause under section 308 of the 1999 constitution.
The AGF stated this on Tuesday after he inaugurated the Committee for the second cycle of the review of implementation of the United Nations Convention against Corruption (UNCAC).
He noted that so long as there are allegations of crime against anyone, they can be probed, no matter how highly placed as no one is above the law.
Malami's position was in apparent response to criticisms that had trailed the raid and arrest of Judges by the Department of State Service (DSS) last Saturday across the country.
The DSS operatives had swooped on two Justices of the Supreme Court, Justice Sylvester Ngwuta and Justice John Inyang Okoro and Justice Adeniyi Ademola of the Federal High Court in Abuja over the weekend.
Another Judge who found himself in the DSS drag net was Justice Muazu Pindiga, who served on the elections tribunal in Rivers State.
The AGF in justifying the action of the DSS yesterday in the presence of the Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, his counterpart from the Independent corrupt Practices and Other Related Offences Commission (ICPC), Ekpo Nta, said: “The fundamental consideration is whether an allegation of a commission of a crime and whether the need for investigation is there and whether the relevant provisions and indeed all circumstances of the Administration of Criminal Justice Act are put into consideration in our conduct to the fight against corruption.
“The bottom line is that we have a responsibility to fight corruption. Corruption is a crime and nobody regardless of how highly placed is exempted as far as issues that border on crimes and criminalities are concerned.
"And even for those that are conferred with the immunity, the right to investigate has not been taken away constitutionally.
"So, I think the framework and the circumstances within which we are operating are clearly whether there exists the right to investigate or whether there is none and whether the action borders on criminality. "Once crimes and criminality are concerned, nobody is an exception. I think the undertone should be exclusively the consideration of existence of a prima facie case, existence of reasonable grounds for suspicion of commission of a crime. And if there are, no legislatures, no judiciary and no executive can definitely be exempted from investigation.
"I think where we are now is the point of investigation and that is what is taking place.”
Meanwhile, performing the inauguration of the Committee, Malami reiterated the commitment of the President Buhari administration to the fight against corruption.
The Minister explained that the review which focus on chapters II and V of UNCAC relating to preventive measures against corruption in public and private sectors and asset recovery, was necessary particularly now that corruption has created a great disconnect between nation’s wealth and quality of life of ordinary citizens.
The AGF pointed out that the objective of UNCAC was in absolute synergy and harmony with one of the cardinal objectives of the Buhari administration, which is “to fight
Corruption in all its manifestation including adopting effective preventive measures against corruption, recovery of stolen assets and putting in place systems and processes to profitably manage the stolen but recovered assets.”
He tasked the Committee to exhibit transparency and efficiency in their given assignment.
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