A company, Damijay Integrated Services LTD that was a victim of the Notorious “Magu Boys” syndicate under the Suspended Acting Chairman of EFCC, Ibrahim Magu, has written a petition to the DSS protesting what it perceived to be an attempt by the EFCC to deceive the public by spearheading the prosecution of indicted “Magu Boys” lawyers, Victor Giwa Esq and Fatima Hassan Esq to achieve a predetermined end of setting the two lawyers free.
In the petition sighted by BarristerNG, The Company narrated how Mr Giwa spearheaded an attempt by Magu boys to extort the company of the sum of Seventy-Five Million Naira. The Company raised alarm that after its petition before the Salami Panel investigating Magu was heard, and Mr Giwa confessed to the extortion attempt, the EFCC in a dramatic twist to save face arrested Mr Giwa and Fatima Hassan over their role in the extortion attempt.
The company believes that the EFCC can’t fairly prosecute the roles of the two “Magu Boys lawyers” being the agency that its activities is being investigated and as such will only prosecute the two lawyers to achieve a predetermined goal of setting them free.
The Company wants the DSS to take over the investigation of the case and to further investigate the bank account numbers sent to the company in the attempt to extort it of seventy-five millon Naira.
Below is the full petition
State Security Service,
Aso Drive, Abuja.
THE PETITION OF DAMIJAY INTEGRATED SERVICES LTD AGAINST VICTOR GIWA, ESQ. MR. IBRAHIM MAGU AND OTHER STAFF OF THE ECONOMIC AND FINANCIAL CRIMES COMMISSION FOR THE CRIME OF EXTORTION: THE URGENT NEED TO INVESTIGATE THE REVELATIONS MADE BY VICTOR GIWA, ESQ. IN TWO AUDIO RECORDINGS OF 27 & 4 MINUTES WHEREIN HE IMPLICATED MR. IBRAHIM MAGU AND OTHER STAFF OF THE COMMISSION IN THE CRIME OF EXTORTION TO THE TUNE OF SEVENTY-FIVE MILLION NAIRA.
The above subject matter refers.
We are a firm of legal practitioners and Barristers of the Supreme Court of Nigeria. We have been consulted and our legal services retained by one DAMJAY INTEGRATED SERVICVES LTD whom henceforth in this petition we shall be referring to as ‘our Client’ and on whose behalf and express instruction we present this petition to your distinguished office.
THE CRUX OF THE MATTER:
It is the brief of our client that it maintains an account with ACCESS BANK of Nigeria and sometimes in 2018, it attempted to carry out a banking transaction and could not successfully do that. Upon inquiry, our client was informed that the Economic and Financial Crimes Commission directed that the said account be frozen. The comprehensive investigation of our client revealed that the purported directive of the EFCC to slam a Post-No-Debit Order against its account was/is not backed by any valid order of any court of competent jurisdiction.
LITIGATION BEFORE THE FCT HIGH COURT:
Arising from the foregoing development, our Client (through VICTOR GIWA, ESQ) promptly instituted an action before the High Court of the Federal Capital Territory, Abuja sitting at Jabi and presided over by the Honourable Justice O.C. AGBAZA in Suit No. FCT/HC/CV/2908/2018 wherein judgment was entered [on Friday, 30th day of November, 2018] in its favour against the EFCC declaring the restrictions on its account unlawful and effectively ordering that all restrictions thereon be lifted peremptorily. For purposes of clarity and completeness, a Certified True Copy of the said RULING/JUDGMENT is hereby attached and marked as ‘Exhibit 1’. Being that the Order of the Court has not been obeyed, our worried client inquired from his erstwhile to find out the reason for the refusal of the Economic and Financial Crimes Commission (EFCC) to obey the Court Order delivered in his favour, MR. VICTOR GIWA informed our client that the agents of the EFCC are demanding for a whopping 75 Million Naira (75, 000,000.00) which they later increased to the 40 % of the total sum in the company’s account (aggregating to One Hundred Million Naira).
EXTORTION OF OUR CLIENT:
* VICTOR GIWA supplied the under-listed account details into which he requested our Client to make the deposits [by executing an IRREVOCABLE STANDING PAYMENT ORDER in favour of the said accounts] in three tranches of Twenty-Five (25) million as follows:
* Name: Cikin Gida Nigeria Limited
A/C NO: 1771773211. Bank: Polaris Bank
* Name: Amina Kigbu
A/C NO: 2176716071. Bank: Zenith Bank
* Name: Black & Black Global Concept Limited
A/C NO: 0259011841. Bank: GTB
It was two (2) days after the refusal of our Client to dance to the unlawful tune of the agents of the EFCC that they now cobbled an amended charge to haul it before the High Court of the Federal Capital Territory so as to possibly overbear/crush his will and stampede it into parting with its hard-earned money.
PETITION TO THE HONOURABLE ATTORNEY-GENERAL OF THE FEDERATION:
The above ugly state of affairs necessitated the petition dated the 28th day of August and addressed to the Honourable Attorney-General of the Federation calling on him to investigate same. The said petition was equally copied to the Hon. Justice Ayo-Salami led Judicial Commission of Inquiry and same is hereby attached as ‘Exhibit 2’. The two separate audios of 27 and 4 minutes each (whose content were admitted before the Judicial Commission of Inquiry by VICTOR GIWA) are hereby attached and marked as Exhibits 3A & 3B respectively.
THE HEARING BEFORE THE JUDICIAL COMMISSION OF INQUIRY:
Following the above, the Hon. Justice Ayo-Salami led Judicial Commission of Inquiry invited our client, we his legal representatives and Victor Giwa, Esq where evidence was taken in the presence of Ibrahim Magu and his Counsel. Before the Judicial Commission of Inquiry, our client, through the affidavit sworn to by DONALD WOKOMA, tendered various exhibits including two audio recordings (one for 27 minutes and the other for 4 minutes). A copy of the affidavit presented by our client in support of its petition is hereby attached and marked ‘Exhibit 4’. After admitting the exhibits in evidence, the Judicial Commission of Inquiry in the presence of all present played the two recorded audio. In the 27 minutes audio recorded by our client on the day Barrister Victor Giwa went to collect the 75 Million Naira cheques, he (Giwa) was heard implicating the former Acting Chairman of the EFCC, Mr. Ibrahim Magu, Barrister Fatima Hassanand other staff of the EFCC in the attempt to extort our client and subsequently write a letter of release to the bank to lift the freezing order on same. After the playing of the audio, the Judicial Commission of Inquiry asked Victor Giwa to identify the voices of the people in the audio, he confirmed and reconfirmed that he was the one talking to our client in the audio on the day he went to collect the cheques of Seventy-Five Million Naira from him. After that hearing, our client has since filed a petition on infamous conducts against Victor Giwa, Esq. with the Nigerian Bar Association. Acknowledgment copy of the said petition dated the 20th day of August, 2020 and addressed to the National President of the NBA is hereby attached and marked as ‘Exhibit 5’.
THE BARRISTER FATIMA HASSAN ANGLE:
Before the Judicial Commission of Inquiry, Barrister Victor Giwa implicated one Barrister Aisha as being the facilitator between himself and then Director of Operations of the EFCC and that it was the same Barrister (Aisha) who nominated the bank accounts which he (Victor Giwa) sent to our Client for the payment of the said Seventy-Five Million Naira. With this revelation, the Judicial Commission of Inquiry asked him to call the said Barrister Aisha in the presence of everybody. It was at that point that it was discovered that the Barrister “Aisha” whom Victor Giwa has been mentioning all along is stored in his phone as Fatima who was later discovered to be one Barrister FATIMA HASSAN, someone who our Client has never met in this life (which Victor Giwa confirmed before the Judicial Commission of Inquiry). In a strange twist of events and to our Client’s utmost chagrin, Barrister Wahab Shittu (Magu’s Lawyer) announced to the whole world (as per the Premium Times report of 19th August, 2020) that the said 75 million Naira is Barrister Fatimah’s legal fees. More stranger is the discovery that there has never been any appeal against the said judgment of Hon. Justice Agbaza nor any application for stay of same as confirmed from all the available records at the Registry of that Court as at 25th of August, 2020 contrary to the false allegation levied by Barr. Wahab Shittu. This calls for more explanations from Magu’s (Wahab Shittu) who seems to know more about Attorney-Client relationship or any other relationship of any that NEVER existed between our client and the said Barrister Fatima Hassan who from all available accounts is Barrister Victor’s Confederate in crime. To put it mildly, all the false assertions of Barrister Wahab Shittu in defence of Barristers Victor and Fatima are in violent conflict with the revelations in the audio played in the presence of Barrister Wahab Shittu himself and admitted by Victor Giwa.
THE ARREST OF BARRISTERS VICTOR GIWA AND FATIMA HASSAN BY THE EFCC:
Following these damaging and putrid revelations, on the 19th of August, 2020, the said Barrister FATIMA HASSAN and VICTOR GIWA, Esq. were arrested within the premises of the Old Banquet Hall of the Aso Rock Villa, interrogated by the EFCC and later released on bail.
THE THRUST OF THE PETITION:
Under our criminal law, parties to a criminal offence include: the principal offender, accessory before the fact and accessory after the fact. The EFCC having come under suspicion of being one of the parties to this crime (participe criminis) being complained of, the foremost requirement of natural justice which is that a man must never be a judge in his own case often expressed in Latin as: Nemo Judex In Causa Sua makes it absurd that it is the same EFCC trying to investigate/prosecute the crime in which it is entangled. This comedy of the absurd gravely offends Section 36(1) of our amended 1999 Constitution. We are strongly opposed to the purported interrogation of Barristers VCITOR GIWA AND FATIMA HASSAN by the same EFCC implicated in the outrageous crime of extortion as revealed in the audio recordings now part of the material forming the bedrock of the instant petition. It is said that justice is rooted in confidence and justice must not only be done but seen to be done in all circumstances. We are constrained to ask these questions: (a) where is the justice in allowing the already tainted EFCC to prosecute BARRISTERS VICTOR GIWA and FATIMA HASSAN? (b) Should Ibrahim Magu and implicated EFCC staff not be taken in for interrogation in the circumstances? (c) Should Barrister FATIMA HASSAN and the owners of the Bank Account numbers she supplied to VICTOR GIWA (which he in turn sent to our Client for the payment of bribe) not be investigated? (d) can there be any unbiased investigation by the EFCC of these atrocities when the principal actors in this heist have been pointing accusing fingers in its direction? (e) Can there be any serious prosecution of BARRISTERS VICTOR GIWA and FATIMA HASSAN by the EFCC where the available hardcore evidence (implicating both the EFCC and Mr. Ibrahim Magu) would be presented in an open Court? (f) whose interest would be served should Barristers VICTOR GIWA and FATIMA HASSAN be prosecuted by the EFCC?
Allowing the EFCC to purport to ‘investigate’ and ‘prosecute’ BARRISTERS VICTOR GIWA AND FATIMA HASSAN in these extremely scandalous circumstances would be a joke carried too far. That would be working towards a pre-determined end. No discerning mind in these perfidious circumstances needs the astrological skills of the legendary Nostradamus to foretell the outcome of such a mockery of justice. It is a clear example of working from the answer to the question. Indeed, a caricature of prosecution will have no better definition! The EFCC must be told in the clearest of language to stop the charade forthwith! They must not (under no circumstance) be allowed to use the platform of the Judiciary to stage-manage a micromanaged prosecution and pull the wool over the eyes of the discerning members of the Nigerian public.
It is in the circumstances as above that we are impelled to table the under-listed entreaties which our Client is convinced would be able to adequately put a damper on its agitations:
* That your office invites the Acting Chairman of the EFCC for thorough investigation regarding the revelations made in the tapes now attached as Exhibits 3A & 3B alongside Mr. Ibrahim Magu, Barristers Victor Giwa and Fatima Hassan as a matter of urgent national security importance.
* That your office follows through with the outcome of your dispassionate investigation so as to ensure that anyone found culpable is given his opportunity in the open Court.
* That the banks account listed herein be forensically examined and all the call logs between and among Victor Giwa, Esq., Fatima Hassan, Ibrahim Magu, Amina Kigbu and the implicated be applied for and obtained from the telecommunication network providers with a view to ascertaining the frequency and nature of communications between and among all the persons against whom this petition has been brought inclusive of their bank statement of account.
There is no argument that the saddening facts and circumstances that have crystallized in this petition have raised the ancient Latin question: “Quis custodiet ipsos custodes?” which loosely translates as “who watches the watchman? / who will guard the guards”? It is the aggregation of these ordeals [consisting of abuse of investigative/prosecutorial powers, extortion, unlawful seizure of a citizen’s property and flagrant disobedience to orders of court] that impelled our Client to instruct that the instant petition be tabled before you especially now that the President of the Federal Republic of Nigeria is desirous of sweeping the Commission clean and restoring sanity and probity. The popular saying that “Those who fight corruption should be clean themselves” may have found its full meaning in the very disturbing circumstances revealed herein. We are hopeful that the stable door must not be locked after the horse has bolted away.
Please Sir, kindly accept the assurances of our highest esteem,
JOHNMARY CHUKWUKASI JIDEOBI, Esq.
Cc: (a) The Honourable Attorney-General of the Federation;
(b) The Hon. Justice Ayo-Salami led Judicial Commission of Inquiry;
( C) The Nigerian Senate through the Chairman, Senate Committee on Anti-Corruption.