El Rufai in court in 2010
By Daniel Fayemi
The two other accused persons are former Director-General, Abuja Geographic Information System (AGIS); Altine Jubrin and former General- Manager, AGIS, Ismail Iro.
The accused persons had in the last adjourned date through their counsel, Messrs Akin Olujimi (SAN) and Kanu Agabi (SAN), opposed their arraignment on the ground that the charge in which they were brought to court was predicated upon a law that was null and void and therefore lacked merit.
They also questioned the jurisdiction of the court to entertain the matter saying that the ICPC Act 2003, under which the accused persons were charged, had been repealed and could therefore, not be used as a legal platform for their trial.
They also argued that the EFCC lacked the power to prosecute them as the entire allegation against them did not constitute financial crimes.
In his response, EFCC’s counsel, Adebayo Adelodun (SAN) submitted that El-Rufai and the other accused persons are newly brought before the court on the basis of an eight amended charges and urged the court to allow their immediate arraignment.
The prosecution counsel also said that the offences the accused persons were charged are known to written laws stressing that it is not correct to say they were charged under a non- existing law.
Ruling on the consolidated motions to amend the charges and arraign the accused persons with that of the preliminary objections by the defence counsel, Justice Abubakar Sadiq concurred with all the positions canvassed by the prosecution and ruled that the ICPC Act 2003 on which the defence based their main argument to oppose their trial has been voided.
Justice Sadiq in his ruling said, “The ICPC Act 2000 is a valid, subsisting and a life legislation which has not been invalidated, I have not come across any judgment or any act of the National Assembly that repealed or voided that act.”
He thereafter granted leave to EFCC to prosecute the accused persons and ordered their counsel to produce them in court at the next adjourned date of April 7th, 2011 for arraignment.
El Rufai Responds, Nasir El Rufai sent this statement to SaharaReporters earlier:
Mallam Nasir El Rufai has restated his determination to vigorously defend the land allocation case the Federal Government filed against him in 2009.
When he returned to the country last year, he had announced that the defense of that case is one of his priorities, and that remains the case.
This robust defense led to the dismissal of the charges at the Federal High Court last year, after the court agreed with his preliminary objection that the charges were filed in a wrong court and under a wrong law. This defeat for the EFCC was greeted by the EFCC with predictable sniping that he took into account all the protections afforded him by our laws and the rules of procedure at the courts. These protections are legal, decent and civilized, and a citizen cannot be expected to ignore them to make the EFCC happy.
The EFCC responded to this defeat by filing the case afresh at an FCT High Court. Mallam El Rufai filed a preliminary objection anchored on the EFCC's attempt to amend the charges after they discovered that they again filed under a wrong law. Justice Sadiq Umar today ruled against the preliminary objection and granted leave to the EFCC to amend the charges. He also fixed 7 April 2011 for the arraignment of the defendants on the fresh charges. Mallam El Rufai respects today's ruling and he intends to soldier on, confident in his innocence.
Mallam El Rufai once again denies involvement in any corrupt activities, and he urges the EFCC to desist from claims that there is any other prosecution against him other than this land case that is set to commence anew next month.
Signed
Muyiwa Adekeye
Media Advisor to Mallam Nasir El Rufa
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