Global groups write Justice Salami, call for public access to Magu’s trial

Some acclaimed global groups say that the exit of former Chairman, Economic and Financial Crimes Commission, (EFCC), Mr Ibrahim Magu, which they perceive as stage managed, will affect the anti-corruption profile of Nigeria in the international community. They also call for public access to his trial to douse fears that the process has been predetermined.

The groups, Re:common, The Corner House and Global Witness, based in Italy and United Kingdom, in a letter to Justice Ayo Salami (rtd), chairman, Presidential Panel of Inquiry on Allegations against Magu, reveal that Nigerian partners abroad are deeply concerned that Mr. Magu’s exit may have been orchestrated by those against the fight against corruption.

The three groups have greatly assisted Nigeria to retrieve stolen funds and assets running into billions of dollars and are currently behind the prosecution of oil giants said to have swindled the country of billions of dollars in the infamous OPL245 scam.

The petition signed by Mr Lucas Manes, Re:Common, Mr Nicholas Hildyard for The Corner House and Mr Simon Taylor for Global Witness, say while they concede to the rule of law, the circumstances preceding the exit of Magu raise critical questions about the prospect of fair trial.

“This is not just a matter of improving the democratic process but also critical to ensure that the international community partners continue to see Nigeria’s fight against the corrupt as credible,” the groups contend.

The international partners also called on Justice Salami, a former President, Court of Appeal, to ensure public access to the trial of Magu to enhance credibility and instil public trust.

“We can report that as things stand, these apparent failures of due process have already seriously dented the confidence of a number of key international partners in Nigeria’s fight. If this situation is not radically and urgently changed, some may well conclude that the President’s fight against the corrupt was merely a token gesture, a passing phase, to be discarded when the going got too tough,” the groups cautioned in the letter.

They argue that such a conclusion would only ensure Nigeria’s efforts to hold the corrupt to account and bring back stolen assets from abroad becomes much more difficult.

In recent years, the groups have been committed to providing help where appropriate to President Buhari’s anti-corruption drive, including efforts to hold those engaged in corrupt activities to account and to repatriate stolen assets to Nigeria from abroad.

During this time, they have had the pleasure of working with Nigeria’s anti-corruption agencies, including and especially the EFCC. The groups said under Magu, they have been “enormously impressed with their tenacity, skills and performance.”

The groups say in the case of the EFCC, it is impossible to overstate the contrast between its efficacy today with that of the “timid” and “sclerotic,” in effect, defanged agency that was the EFCC during the Administration of President Buhari’s predecessor – a matter we referred to in our recent letter to the President.”

They maintain that for an effective anti-corruption fight, no-one should be beyond the law. It referenced reports linked to President Mohammadu Buhari when his senior special assistant on Media and Publicity, Mr Garba Shehu who said the proper procedure, when allegations are made against the chief executive, is to step down from his post and allow for a transparent and unhindered investigation.

Garba had said, “We must realize that the fight against corruption is not a static event, but a dynamic and ever evolving process […] and as we continue to work towards improving our democratic process so shall every institution of ours also embark on that journey of evolution. What is however important is that there must be accountability and transparency and our people must realize that they would be held to account. This is the building block in the fight against corruption, the establishment of the concept of accountability and the recognition of the rule of law.” The groups say while it agreed with Garba, such expression also suggested the Presidency appeared to have made up its mind to nail Magu.

The partners also raise concerns about the flaws in the trial of Magu. They cite the detention of Magu and subsequent denial of the action by both the Panel and the Police; the failure to serve Mr. Magu with a copy of the complaint against him for several weeks; the suspension of 12 officials (investigators and prosecutors) of the EFCC without query, interrogation or any other expected standard treatment for such an action; the appearance of several conflicting allegations in the media without any official statement from your committee; appearances of those under trial for corruption before the panel; and the predictions of the Panel’s conclusions in the media by both politicians and aides of the President.

They also point to series of leaks from the Panel’s proceedings, which are having the unfortunate effect of adding to the apparent media trial of Mr. Magu.

The groups question the contrast between public claims that Mr. Magu has been subjected to due process – whereas, in reality, he has frequently been brought to attend the Panel, only to spend 12 hours alone with his lawyer not engaged with the operation of the Panel at all adding that this would appear again to stand in stark contrast to any semblance of due process.

They expressed worry about the failure to allow Mr. Magu to cross-examine his accusers and witnesses and the failure of the Panel to reveal its mandate, terms of reference and the timeline in which it expects to be operating.

“The above factors combine to give an impression that something is very wrong in the action that has been taken against Mr. Magu, and they could even be seen to imply a process that has already been determined,” write the groups.

Mr. Shehu’s protestation in support of the need for transparency and the rule of law, when the available evidence suggests the opposite as the reality, according to the groups is sufficiently troubling to have a whiff of 1984 about it, in a veiled reference to when Buhari was the Military Head of State, an era associated with draconian laws made by fiat.

The groups said the impression that one of Mr. Magu’s predecessors, Mr Nuhu Ribadu, may well have been correct, when he stated, “When you fight corruption, corruption fights back,” noting that to ensure the integrity and credibility of all such investigations, they must also be seen to be credible.

“As we write to you, this is profoundly not the case. For that to happen – just as the President has referred to – transparency is key,” they observe.

Justice Salami was asked to confirm when the panel’s deliberations will be open to the public, as the groups intend to monitor and report on efforts to establish the facts in these matters. They also reminded Mr Salami that the proceedings against Shell and Eni are in public glare, in the Milan criminal courts, as do court cases in the UK and beyond.

“We appreciate that the extraordinary conditions imposed on us all by the COVID-19 pandemic make public processes more difficult, but the use of the internet together with a number of excellent applications, has demonstrated that this can easily be overcome, and for next to zero cost.

“As such, we would be very grateful if you would inform us about when meetings are taking place and how we may access online the procedures such that we can monitor and report on your on-going deliberations,” the groups concluded in the letter.