Malami questions EFCC boss over Danladi investigation

The Minister of Justice and Attorney-General of the Federation, Abubakar Malami, has issued the acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, with a query over the corruption charges filed against the Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Umar.

Umar was accused by the anti-graft agency of demanding N10 million from a suspect"for a favour to be afterwards shown to him in relation to the pending charge", years after clearing him of the the same allegations in 2015 and 2016.

The embattled judge was also alleged to have received in 2012, through his personal assistant, the sum of N1.8 million from the same accused "in connection with the pending case before him".

In a query, dated February 16, 2018 and with Reference No DPP/ADV:368/15, the Solicitor General of the Federation and Permanent Secretary, Dayo Apata, wrote the EFCC boss to ask for explanations on if his office had authorised the fresh lawsuit which was filed by Festus Keyamo (SAN) who also got a separate letter.

In the letter obtained by PRNigeria, Apata directed Magu to brief the AGF's office about the emergence of new facts of the case that justified a revisiting of the allegations.

The letter read, "The attention of the Honourable Attorney General of the Federation was drawn to news report that the Economic and Financial Crimes Commission has filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.

"I am directed by the Honourable Attorney General of the Federation to seek clarification from you as to whether the charges were filed on your instruction or directive and if in the affirmative, what is the compelling basis for doing so. This clarification becomes imperative in view of the following background facts.

"The Commission's investigation report dated 5th March 2015 addressed to the Secretary to the Government of the Federation stated as follows: 'The facts as they are now against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the defence.'

"The Commission's position in paragraph 2(a) above was also maintained and sustained by the Honourable Attorney General of the Federation while appearing before the House of Representatives' Investigative Committee sometimes in 2015 to the effect that report of investigations showed that the allegations against Hon. Justice Danladi Umar were based on mere suspicions.

"In view of the foregoing, the Honourable Attorney General of the Federation requests for your prompt briefing as to the existence of new facts which are contrary to the position in your attached investigation report, sufficient evidence or other developments upon which the prosecution of Hon. Justice Danladi can be successfully based.

"Kindly accord this letter top priority while your prompt response within 48 hours from the receipt of same is required in the circumstances."

In a separate letter issued to Keyamo, Apata questioned the lawyer on who authorised him to file the corruption charge against Umar.

The letter, also dated February 16, 2018, asked for the details of the instruction or authorization upon which he instituted the case.

It read, "The attention of the Honourable Attorney General of the Federation was drawn to news report that you have filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.

"The Honourable Attorney General of the Federation hereby requests that you kindly furnish this office with the details of the instruction or authorization upon which you instituted the case under reference. Kindly accord this letter top priority while your prompt response on or before Tuesday, February 20, 2018 is solicited in this regard."

Umar's charges

Count 1 read, "That you, DANLADI YAKUBU UMAR, being the Chairman of the Code of Conduct Tribunal and presiding over a case with Charge No. CCT/ABJ/03/12, involving one Rasheed Owolabi Taiwo, sometime in 2012, at Abuja, within the jurisdiction of this Honourable Court did ask for the sum of N10,000,000.00 (Ten Million Naira) from the said Rasheed Owolabi Taiwo, for a favour to be afterwards shown to him in relation to the pending Charge (No. CCT/ABJ/03/12) in discharge of your official duties and thereby committed an offence contrary to Section 12(1)(a) & (b) of the Corrupt Practices and Other Related Offences Act, 2003."

Count 2 read, "That you, DANLADI YAKUBU UMAR, being the Chairman of the Code of Conduct Tribunal and presiding over a case with Charge No. CCT/ABJ/03/12, involving one Rasheed Owolabi Taiwo, sometime in 2012, at Abuja, within the jurisdiction of this Honourable Court did receive the sum of N1,800,000.00 (One Million, Eight Hundred Thousand Naira) from the said Rasheed Owolabi Taiwo, through your Personal Assistant by name Alhaji Gambo Abdullahi, for a favour to be afterwards shown to him in relation to the pending Charge (No. CCT/ABJ/03/12) in discharge of your official duties and thereby committed an offence contrary to Section 12(1)(a) & (b) of the Corrupt Practices and Other Related Offences Act."

Cleared two times by EFCC

On two different occasions when the EFCC have investigated claims that Umar had been involved in unethical conduct according to a petition filed by Rasheed Owolabi, who was standing trial before him on false asset declaration, he had been cleared by the anti-graft agency.

The EFCC had referred to the accusations as "merely suspicions and consequently insufficient" to charge him.