Needless Delay

Mrs. Waziri, we further gathered, swore to get to the root of the matter. “She reiterated her resolve to step on toes, no matter whose ox is gored. To this end, the directors may be compelled to release the documents which will aid the investigation of the allegations contained in the petition,” the source said last week.

A twist was, however, introduced into this corruption saga when the NJC was alleged to have directed the EFCC to hands off the investigation. A source at the office of the Chief Justice of Nigeria, Justice Idris Kutigi, who is the Chairman of the council, told TheNEWS that the NJC, and not the EFCC, is constitutionally empowered to investigate such allegation. The source said EFCC was overstepping its bounds when it indicated interest in investigating the petition.

But an Abuja-based legal practitioner, Max Ogar, speaking on the controversy, told TheNEWS that, inasmuch as the NJC is the constitutionally empowered body to look into allegations against judicial officers, “there is nothing wrong if the EFCC is also investigating the corruption allegation as contained in a petition sent to them. To us lawyers, we want to see how this case will be resolved, and soon too. Corruption is corruption. Was the fraud in the National Judicial Institute, NJI, not investigated by EFCC? I pray that politics should not be introduced into this case because it means so much to the Nigerian judiciary, as the allegation is so weighty. It is also in the interest of the accused to help in the investigation so that they can clear their names which has been tar-brushed going by the allegations contained in that publication by TheNEWS”.

Mr. Femi Babafemi, EFCC’s spokesman, was not available when this magazine called at his office last week. He was said to have traveled to Osun State to attend a retreat organised by the Police Service Commission, PSC. It would be recalled that the AC, in a petition dated 7 July, 2008, signed by Prince Gboyega Famodun, alleged that Chief Kalejaiye had many telephone conversations with the Tribunal members, especially the chairman, during hearing in the petition filed by the AC Governorship candidate, Engr. Rauf Aregbesola, challenging Governor Olagunsoye Oyinlola’s victory at the April, 2007 polls lasted.

Part of the petition reads: “We believe that it is unusual for a lawyer and a judge to be in constant and regular telephone conversation with each other when the lawyer has pending matters before the said judge.” Attempts by the petitioner to halt the judgment of the Tribunal pending the determination of the petition of corruption against the election Tribunal Justices failed, as the Tribunal went ahead to deliver judgment.

Interestingly, despite his grandstanding and threats of court action, days after TheNEWS hit town with the story, Otunba Kunle Kalejaye (SAN), Governor Olagunsoye Oyinlola’s lawyer, perhaps unwilling to face an embarassment in court, over a story that, in his heart of hearts, he knows is true, has refused to live up to his threat to drag TheNEWS to court for libel over the story.

When the petition was filed before the NJC, the chairman was said to have traveled out of the country. TheNEWS findings, however, showed that the chairman has since returned to the country. Yet, six weeks after, not much is seen to have been achieved. Nigerians are watching.