More facts have emerged from the purported withdrawal of Charles Adeogun-Philips, as the lead prosecutor in the Federal Government suit against Supreme Court judge, Justice Sylvester Nwali Ngwuta.
While Adeogun-Philips did not elaborate on his withdrawal from the suit before Justice John Tsoho on Thursday, several media reports, including that of The Eagle Online, described it as withdrawal.
The insinuation in some sections of the media, excluding The Eagle Online, was that he left in protest due to last week Tuesday’s dropping of charges earlier instituted against the Chief Registrar of the Supreme Court, Ahmed Gambo Saleh, and two other officials of the apex court, Muhammad Abdulrahman Sharif and Rilwanu Lawal, which he is also handling for the Federal Government and withdrawn against his consent.
However, available information on Sunday has it that the Federal Government withdrew the brief from Adeogun-Philips because while he is in court in Abuja prosecuting a case of corruption for the government, he is also in a Lagos court handling a brief in an ongoing suit at the Federal High Court in Lagos against the Economic and Financial Crimes Commission.
The suit involves First Bank Executive Director, Public Sector Accounts, Dauda Lawal.
Lawal is alleged to have laundered $40 million into Sterling Bank on behalf of former Minister of Petroleum, Diezani Allison-Madueke, as part of the $153.31 million she was alleged to have siphoned from the Nigerian National Petroleum Corporation.
The EFCC is currently prosecuting the case before Justice Muslim Hassan of the Federal High Court, Lagos pursuant to Section 17 of the Advanced Fees Fraud and Other Related Offences Act No. 14 of 2006 as well as Section 44(2) of the 1999 Constitution of the Federation of Nigeria.
It would be recalled that the National Prosecution Coordination Committee, chaired by the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), was inaugurated by the Vice President, Prof. Yemi Osinbajo, on May 27, 2016 at the Presidential Villa.
It is charged with assisting the Attorney General of the Federation in the exercise of his prosecutorial powers under Section 150 and 174(1) of the 1999 Constitution of the Federal Republic of Nigeria; especially as it involves high profile criminal cases.
In a statement on Sunday, Comrade Salihu Othman Isah, the Special Adviser on Media and Publicity to Malami, said Adeogun-Philips was sacked and not that he withdrew his services from the prosecution of Justice Ngwuta.
Isah, who is also the Head of Communication and Public Affairs of the NPCC, revealed in the statement that Adeogun-Philips’ sack was conveyed to him vide a letter titled: “Withdrawal of your name as a member of Team 16 of the National Prosecution Team handling charges No. FHC/ABJ/C/232/16-FRN vs Sylvester N. Ngwuta.” dated February 6, 2016 and signed by Sylvester O. Imhanobe, the Special Assistant to the President on Research and Special Projects, who also doubles as Secretary of the Committee.
Adeogun-Philips acknowledged receipt of the letter through an email message dated February 8, 2017, which he sent to the Committee’s Secretary and copied to Muhammed Umar Etsu, the Director of Public Prosecution of the Federation.
He said in the email: “Your letter of 6 February 2017, is received with great relief. I wish you and/or your colleagues at the NPCC, success in the continued prosecution of your ‘high profile’ cases. With my very best wishes.”
The full letter to him by the NPCC reads: “I regret to inform you that Abubakar Malami, SAN, the Honourable Attorney General of the Federation and Minister of Justice (HAGF) has withdrawn your membership of the National Prosecution Team.
“Consequently, you can no longer lead Team 16 engaged to prosecute the Charge No. FHC/ABJ/C/232/16-FRN vs S.N. Ngwuta. Furthermore, the fiat issued to you in respect of the case you presently handle is withdrawn.
“The Chief Accountant confirmed to me that you have been paid first instalment fees which cover services till the close of the prosecution’s case. Please return to me all properties of the Ministry/NPCC in your possession, if any.
“The HAGF also directed that I wish you well in all your future endeavour.”
Isah said further: “Adeogun-Philips was indeed fired because he wanted to be greedy by thinking that he could handle briefs from conflicting interests and when the NPCC uncovered this unprofessional conduct, he was asked to leave.
“That’s all.”
Isah said it was wrong to have attributed the sack of Adeogun-Philips to the withdrawal of the case against the Supreme Court Chief Registrar.
The AGF said besides the issues of non disclosure of conflict of interest, information at the disposal of the Committee indicated that Adeogun-Philips has been exhibiting traits that are inimical and counter-productive to the interest of the NPCC that engaged him.
The report detailed how he visited a top security official at the Presidency to discuss his welfare issues using his engagement by the Committee as an instrument.
The NCPC also said it is going to carry out a critical surgery on the present composition of the entire prosecution team to weed out those with question marks around them, “because they had been informed before hand that anyone found wanting would be eased out since it is a continuous process”.
Meanwhile, the other members of Team 16 of the NPCC comprising Hajara Yusuf, Dr. M. Lawal Yusufari and Ibrahim Waru remain intact as only its leader is affected in the current debriefing, Isah said on Sunday, adding: “They will carry on with the case pending when a replacement is engaged to lead the team.”
Hajara Yusuf, a Principal State Counsel in the DPPF’s office, is to lead the team in the meantime.
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