Mohammed Abacha

On 15 December, photojournalists of both print and broadcast media were barred from covering the court's session of the murder trial of Major Hamza Al Mustapha, Mohammed Abacha and two others.Justice Kudirat Olatokunbo Kekere-Ekun, presiding judge of the Ikeja High Court, ordered the journalists to leave the courtroom citing Rule 2 (10) code of conduct for judicial officers, which she said, forbids recording and photography to avoid undue dramatisation of court proceedings.Justice Kekere-Ekun further ordered security agents to arrest journalists caught taking photographs, as well as banned the use of electronic gadgets within the court premises.

JOURNALISTS BARRED

On 11 December, journalists were barred from covering discussions between officers of the government and the World Bank team on the privatisation of the National Electric Power Authority (NEPA) in Abuja, the federal capital.The journalists, who were at the venue on special invitation, were asked to leave shortly after the commencement of the session because, according to government officials, it was "too premature" to allow journalists to witness such discussions.

Then Abacha came to power and he sent Bode George to this house.Bode George was working with them then, and mooted me to look into the problems of the judiciary and I went there and I told Bode George that I would accept on one condition, and which is that the Chief Justice of the Federation would have been notified, he would know what was going on and two, the former investigation I made about corruption during the regime of Babangida would be looked into and Bode George said that I should tell the Head of State (late Abacha) that and I went, I saw Abacha and Diya and I told them that and they promised me and I was satisfied the Chief Justice knew about the panel because I phoned him myself.And he said certainly that he had been notified and that he had no objection to my looking into the judiciary and after whoever was the Attorney-General had nothing to do with the panel.They gave terms of reference, the terms are in this book, I will give you to read and we followed the terms of reference strictly.So I am hearing this allegation for the first time.I was not ever aware, I was away for three months, I just arrived the country so that is news to me but I can assure you and the whole world that no Attorney-General no matter whatever notion he might have had, had any thing to do with the panel.

But can you tell us what happened between your panel and the review body that sat on your own recommendations?

I do not know what happened, there was nothing happening between my panel and any review body.
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I gave Abacha 100 copies of the report and all vanished, I heard several stories, they say . O, that it was because it was only against the northerners.

Nwokedi sub-committee

When I read that myself I was astonished and I have to go through the report once again, to find out how many northerners among the 47, and I could not count more than eleven (11) out of 47, so many things were said.Most of the affected judges said that we didn't call them, it is natural the papers have been lost, they could not find anything and they cannot say, they were not called.But I know that I personally wrote to every judge.
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The man in regard to whom this report was submerged, I also said to Abacha that this man must be prosecuted, he stole money that was very clear.This was brought before us by a SAN in Lagos.The judge was in Abuja.So, I asked the SAN, how did you know, he mentioned two judges and I called the judges and they gave evidence but I heard that the man is running around.There is also another judge in Port Harcourt that had been removed by the review body but the judge said that he would not go and the lawyers said that they will not appear before him.

The National Assembly has been threatening to dissolve the ICPC, how will you react to this development?

I think myself that the description given by a writer in The Guardian summarizes everything "maniacs are in power", that is my reaction.This country has been warned by the Transparency International that if we do not pass legislation in regards to corruption, by the mid of this month, they will deal with us.The only seeming legislation in that respect is the ICPC legislation just because that body now wants to investigate the very people who set the body up, now they want to review the body, to me it is tragedy that that idea should come up at all.One particular senator said that it is in the exercise of the process of separation of powers.
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If you look at the judiciary itself, I have told you that we are moving backwards, don't let me condemn the judiciary, I have stated clearly in my lecture that the Supreme Court has done very well, by dealing with the Constitutional matters brought before the judiciary but I have told you the aspect we are not making progress at all then, there is the Abacha case and the Ikomi case, that has got to be resolved because to me, I do not see that Abacha has over ruled Ikomi.We decided Ikomi, they have now decided Abacha, I do not see how Abacha could over rule Ikomi, if they follow Ikomi, then Abacha is wrong.

If they follow Abacha, we were wrong in Ikomi, these are the things we must resolve.Now, in general terms, when you talk about our democracy, whether we are moving forward or not, the allegations of corruption leveled against elected officials are so bad in this country that I am afraid to say that we are not moving forward, a corrupt country cannot survive the holocaust when it comes.

You said Abacha, are you referring to the recent verdict of the Supreme Court on the State versus Mohammed Abacha on the Kudirat Abiola's case?

It is the case I'm referring to.To me, the fact is Abacha and Ikomi are about the same.In Ikomi, the Supreme Court decided that Ikomi should be prosecuted.In Abacha on the same fact, the Supreme Court decided that Abacha should not be prosecuted, fair enough, they would do that if they over rule the other one (Ikomi) if they don't, there must be a way, they must let us know how to reconcile the two.As a judge, and a lawyer, I cannot reconcile the two and the only way you can reconcile the two is for another case to go before the Supreme Court.

May be the Bola Ige case, because it has been raised in the Bola Ige's case, the plaintiff are saying that they can't be prosecuted, they rely on Abacha and the prosecution says that they must be prosecuted and they rely on Ikomi, so eventually, it will get to the Supreme Court.The Supreme Court by a full court will have to decide.I have my view about full court too, it was clearly stated in the lecture and I have had this view since 1986, when you have a full court, let the entire court sit, that is the only way you can know the views of the Supreme Court judges.The 1989 constitution incorporated this idea that the entire court must sit but the illiterate 1999 Constitution has omitted it, so only seven judges will sit, that is it.

Political judgment

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Going by your analysis, are you joining the league of those who have described the Supreme Court verdict on Abacha as a political judgment?

No, I don't know, is the answer, a judge doesn't say that a judgment is political.When I differed on the 122/3 case, some people thought that my judgment was political, but it wasn't, later on it was discovered that it was not political, that it was legal, I am not saying that any judgment is political at all.

So, you disagree with the Supreme Court on the Abacha case?

Absolutely, I agree with the minority judgment in the Abacha case.

CHIEF Judge of the Federal Capital Territorial ( FCT ) Justice Dahiru Mohammed Saleh , will on April 10 , 2001 rule on whether there is a Prima Facie evidence to continue with the prosecution of the eldest son of the late Head of State General Sani Abacha , Mohammed Abacha , on 36-count charges of theft of public funds.

At a resumed hearing yesterday the Director of Public Prosecution of the Federation , Mrs. Florence Molokwu sought to discredit submission made by counsel to Mohammed , Mr. Joseph Daudu ( SAN ) that the late Head of state was immune to prosecution.
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Abacha's counsel , Daudu ( SAN ) had on Wednesday averred that no offence could be said to have been disclosed against Mohammed Abacha , adding that the law stipulates that , the onus of proof of a prima facie case was on the prosecution that the money in question was stolen properly and that the accused person assisted in concealing , disposing or making away with the property and that there was a display of volition.
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Mohammed was beaming with smiles when he walked into the court room and shook hands with everybody in sight.

He wore a blue guinea brocade , blue cap , black leather slippers and was driven into the court premises heavily guarded by stern looking security operatives.