Abacha loot: Court fixes June 26 for judgment

Justice Mohammed Lawal Shuaibu of the Federal High Court, Kaduna has reserved till June 26, 2009, judgment in the suit brought by the sons of the late head of state, General Sani Abacha, challenging the decision of Federal Government, to bring into the country a foreign magistrate from Switzerland to try them on alleged money laundering charges in the office of the National Security Adviser (NSA), to President Umaru Musa Yar’Adua, General Sarki Mukhtar (retd).

Alhaji Mohammed Sani Abacha and his brother, Abba Sani had through their counsel, Reuben Atabo approached the court for a reprieve, when it got wind of FG’s plans.
But before fixing judgment date, Justice Shuaibu took time out to lambaste the Attorney-General of the Federation and Minister of Justice, Chief Michael Aondoakaa (SAN), whom he accused of lying against him (judge) in a petition to the National Judicial Council (NJC) where he allegedly claimed that he granted an exparte order against the FG without following due process.
Justice Shuaibu had last year restrained the AGF and the FG from bringing into the country a magistrate to try Mohammed Abacha and Abba Sani Abacha at the office of the National Security Adviser (NSA), to the president.

This followed a suit, filed by the plaintiffs, complaining that it was unconstitutional for a foreign magistrate to try Nigerians in their own country.
They also complained that it was wrong to try them in the office of the NSA since the office is not a court of law and not also open to the public.

The court order was given after Magistrate Sonja Nachabur had arrived the country to take evidence from the plaintiffs in a case of forfeiture of assets proceeding against them at Liechtenstein, Switzerland.
The late Attorney General of the Federation and Minister of Justice, Chief Bola Ige (SAN), had issued the first freezing order on General Sani Abacha’s assets and those of his children in Switzerland, following which the sons challenged the powers of the FG to issue such an order without trying them in court.

However, when the case came up for the written addresses of both the plaintiffs and the defendants to be adopted, Justice Shuaibu said Aondoakaa petitioned him to NJC based on false claims.
According to Justice Shuaibu, “the petition to the NJC got to the press; he knew that as a civil servant and a judge for that matter, I am not supposed to grant press interviews.
“I appeared before the disciplinary committee of the NJC. Aondoakaa was summoned but he refused to appear. He wrote that his office was not served, but he went ahead to restrict FG knowing fully that he was served.

“I am an ordinary judge and cannot grant press interviews. It takes two to tango. I was an Attorney Counsel of a state, not the Federal Government.
“If I am not here, I would probably be there before him. I was called to the Bar before him. There was proof of service and the Solicitor General of the Federation was my colleague in school. This case involves tax payers’ money.

“I have had more serious intimidation in the past, whatever the decision; justice is not a one-way traffic.“There is no separate justice for any individual, justice is justice and it is for everybody. If the institution is dislocated, we will all be thrown out of our jobs.”
In his adopted brief, counsel to the plaintiffs, Mr. Atabo stated that Chief Aondoakaa had contrary to the tradition, written to the Swiss authorities to seek their views on the visit of Magistrate Sonja Nachabur to the country while the suit was already pending in court.

In a letter with reference DPPA/MA/79/2002/23, dated May 28, 2008, the Minister had stated: “Your Excellency, will recall that the Honourable Attorney General of the Federation and Minister of Justice has offered Declaration of Reciprocity to the Ministry of Justice of the principality of Liechtenstein for mutual assistance in criminal matters of the princely court in Vanduz and based on which Magistrate Sonja Nachabur is expected to conduct proceedings on the above subject in Nigeria.
“It is our understanding that Magistrate of the principality of Liechtenstein in exercise of their jurisdiction has both investigative and adjudicative powers.

“I am therefore directed to confirm whether Magistrate Sonja Nachabur will be exercising investigative or adjudicative powers with regard to the proceeding in Nigeria whereby he intends to interview witnesses.
“The purpose of this letter is to be able to submit before the Honourable Federal High Court Kaduna at the next adjourned sitting that the Honourable Magistrate Sonja Nachabur will be acting in an investigative capacity if that is the case, as sitting of a Foreign Court in Nigeria has been held to be unconstitutional.
“The case will come up sometime in June, 2008; and therefore, it will be appreciated if you can kindly give us your reply by 10th June, 2008.

“While anticipating your early reply, accept please, the warm regards of the Honourable Attorney General of the Federation and Minister of Justice, Chief Michael Kaase Aondoakaa, SAN,” the letter reads in part.
But the FG represented by the Chief State Counsel, Mr. Clement Assam urged the Court to dismiss all the plaintiffs’ claims saying that the exhibits attached to their claims were offensive to the rule of proceedings.