Legal activist and critic, Festus Keyamo on Wednesday petitioned Attorney General of Federation and Minister of Justice, Mohammed Adoke (SAN) to either prosecute former Chairman of the ad hoc House Committee on Fuel Subsidy Probe Farouk Lawan for his role in the $620,000 bribery scandal or allow him to handle the prosecution.
Keyamo, whose earlier ultimatum to the Police expired on Wednesday requested the AG to indicate “whether he is prepared to prosecute Farouk lawn and Boniface Emenalo or not,” on the following charges:
COUNT 1:
That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and July 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, conspired to corruptly demand and receive the sum of $3,000,000.00 as gratification from Femi Otedola and thereby committed the offence of Criminal Conspiracy contrary to Section 96 of the Penal Code Act, Laws of FCT and punishable under Section 97 the same Act.
COUNT 2:
That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and July 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, corruptly asked for, received and obtained the sum of $620,000.00 as bribe from Femi Otedola and thereby committed the offence of gratification by an Official contrary to Section 12(1)(a) of the Corrupt Practices and Other Related Offences Act, Cap C31, LFN 2004 and punishable under the same section.
COUNT 3:
That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and July 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, corruptly agreed to receive the sum of $3,000,000.00 as gratification from Femi Otedola, and thereby committed the offence of Gratification by an Official contrary to Section 12(1)(b) of the Corrupt Practices and Other Related Offences Act, Cap C31, LFN 2004 and punishable under the same section.
COUNT 4:
That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and June 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, threatened one Femi Otedola with injury to his reputation and his companies, with intent to cause alarm to Femi Otedola and to cause Femi Otedola to give you a gratification of $3,000,000.00 in order to avoid the said injury, and thereby committed the offence of Criminal Intimidation contrary to Section 396 of the Penal Code Act, Laws of FCT and punishable under Section 387 of the same Act
Keyamo, also supplied the AG with proof of evidence, saying he would proceed to the next line of action as required by law if the AG failed to act.
In the letter to the AG titled, “Prosecution of Farouk Lawan and Boniface Emenalo for conspiracy to accept gratification, agreeing to accept gratification, accepting gratification and criminal intimidation” Keyamo described himself as “a Nigerian citizen, legal practitioner, private prosecutor, social crusader and critic”
Part of his letter reads: “Last week, I gave a seven-day ultimatum to the Police to commence prosecution of one Farouk Lawan, a member of the House of Representatives and his accomplice, one Boniface Emenalo, for agreeing to and actually accepting gratification from one Femi Otedola in order to doctor the report of the House ad-hoc Committee on fuel subsidy.
“From reports I read in the media after issuing my ultimatum, the Police have passed the buck over to your office for the inaction so far, claiming it has finished the investigation and that your office has just refused to file charges for reasons unknown to the public.
“It is for the above reasons I have prepared a Charge (attached herewith) for the purpose of private prosecution.
Therefore, consequent upon Section 342 of the Criminal Procedure Act, Cap. C41, Laws of the Federation of Nigeria, 2004, I forward herewith the following proof of evidence and documents to you:
(1) The Criminal Charge against Farouk Lawan and Boniface Emenalo.
(2) The proof of evidence:
(a)A recording of a telephone conversation between Farouk Lawan and Femi Otedola contained in a memory card wherein Farouk Lawan was soliciting or asking for gratification to doctor his report, and appealing to Otedola to keep it secret.
(b)The transcript of the said recording.
(c)Court processes (including a sworn testimony on oath) in Suit No. FCT/3839/2012: BETWEEN ZENON PET. & GAS LTD. & ANOR. V. LAWAN & ORS, where the graphic details of how the accused persons solicited for, and received gratification from Femi Otedola are stated.
Needless to say that these are just proofs of evidence and the originals shall only be presented during trial.
“May I kindly request that, by virtue of Section 342 of the Criminal Procedure Act, Cap. C41, Laws of the Federation of Nigeria, 2004, you endorse on the Charge whether, having seen the Charge, you are prepared to prosecute Farouk Lawan and Boniface Emenalo for the counts in the Charge or whether you have declined to prosecute at the public instance the counts in the said Charge.”
Keyamo added that the position of the law is that before he commenced private prosecution, the AG should be given the opportunity to prosecute or to decline to prosecute, and that is exactly what he was doing by the letter.
“I will expect your reply by the close of official business on Tuesday, January 29, 2013, to enable me determine my next line of action,” he wrote further.
“I sincerely hope you will make your decision one way or the other as any indecision on your part will amount to a refusal to act as held by the Supreme Court in the case of CHIEF GANI FAWEHINMI V. COL. HALILU AKILU & ANOR: IN RE: ODUNEYE reported in 1987 (4 NWLR) P. 67.
In that case, it will be all-clear signal I require to file the Charge.
May God guide and guard you.”
