Mr Wahab Shittu, the lawyer to the suspended acting Chairman of the Economic and Financial Crimes Commission, Mr Ibrahim Magu, has written the Justice Ayo Salami-led Judicial Commission of Inquiry, accusing the panel of various acts of illegalities and violations of his client’s right to fair hearing.

The letter dated August 11, 2020, was addressed to the Chairman of the panel, which is probing Magu for alleged abuse of office and mismanagement of Federal Government recovered assets and finances from May 2015 to May 2020.

In summary, we have concerns regarding the legality of the honourable tribunal in the areas highlighted above such as:

“The tribunal has consistently sat in private (camera) and not in public of the applicable law;

“The tribunal has held proceedings and invited and entertained witnesses to the exclusion of our client and his counsel in violation of the applicable law on rules of fair hearing.

“The tribunal has sat and conducted proceedings in the absence of our client in violation of the applicable law and rules of fair hearing.

“The detention of Mr. Magu and subsequent denial of Mr. Magu’s detention by both your panel and the police.

“The suspension of twelve 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 reportage in the media without any official statement from your committee;

“Failure to allow Mr. Magu’s counsel to cross-examine our client’s accusers and witnesses.

“Failure of the committee to reveal its mandate, terms of reference and timeline until August 8, 2020(35 days after the panel was expected to have commenced public sitting by virtue of the instrument of mandate. It is also unclear whether proceedings of the panel before the date of the issuance of the instrument of mandate will be deemed to be part of the forty-five days timeline prescribed in the instrument of mandate or proceedings will be deemed to commence when our client was served the instrument of mandate on 8th August 2020.”

He said the panel could only “lawfully proceed on the basis of strict adherence to the letters of its instrument of mandate as well as the enabling legal regime from which the instrument of mandate derives its authority including the Constitution of the Federal Republic of Nigeria which is the ground norm.”

He added, despite “the above factual and legal observations”, should the panel “decide to proceed with the inquiry; our client will be ready to present his defence and meritorious case.”