Attorney General of the Federation and Minister of Justice (AGF) on Thursday refuted reports of the Ministry of Justice’s confusion on the best approach to employ in helping to apprehend and punish masterminds of the assassination of Principal Private Secretary to the Edo State governor, Mr. Olaitan Oyerinde.
Governor of Edo, Adams Oshiomhole had made an appearance at the Federal House of Representatives on Wednesday, seeking help on last year’s murder of his aide and condemning the Nigeria Police for covering up the killers while implicating Reverend Davi Ugolor, an innocent man.
It was at the forum that Mr. O. T. Olatigbe, who was representing the AGF, lamented the discrepancies in the claims of different security agencies on the murder, saying the AGF’s office would have proceeded with the judicial aspect of the case had there been a unified position.
“The Police and the State Security Service (SSS) forwarded two different believable reports to AGF’s office and we don’t know which one to act upon. We are confused,” Olatigbe, a deputy director in the ministry, was quoted to have said.
However, in a Thursday letter dated 28th February 2013, referenced HAGF/NASS/2013/VOL.1/2, titled ‘Re: Invitation to Investigative Hearing,’ and addressed to the Chairman, House of Representatives Committee on Public Petitions, AGF Adoke denied Olatigbe’s talks of confusion, saying the director had been briefed to speak otherwise.
He said the Olatigbe had been told to inform the committee that after the ministry examined the powers of both the State Security Service and the Nigeria Police, it was clear that the latter is legally empowered to investigate a murder case and not the former. He was to add, too, that a murder case is exclusively within the jurisdiction of states in the country, so the Ministry of Justice is powerless to prosecute such a case.
The letter, in full, reads:
“My attention has been drawn to the representations made by Mr. O.T. Olaitigbe, Deputy Director, Public Prosecutions of the Federation on behalf of my office and the Federal Ministry of Justice at the Public Hearing organised by your Committee on 27th February 2013 on the alleged complicity and improper investigation in the murder of Oyerinde Olaitan, an Aide to the Edo State Governor.
“It has been widely reported in the electronic and print media that Mr. Olaitigbe while making his presentation to the Committee, stated among other things that the Ministry of Justice was confused as a result of the investigation reports it had received from the Nigeria Police Force and the State Security Service (SSS) which appeared to have indicted different sets of suspects for the alleged murder of
Oyerinde and that the Ministry could not proceed further with the prosecution of the suspects because of the need to harmonise the two reports .
“I wish to completely disassociate myself from the comments purportedly made on my behalf by Mr. Olaitigbe as the comments were at best, a figment of his imagination and very far from the truth. Mr. Olaitigbe was under firm instructions to inform the Committee that:
“The Federal Ministry of Justice had examined the powers of the State Security Service as provided by Section 3 of the National Security Act, Cap.N.74 LFN, 2004 and the powers of the Nigeria Police Force as provided by section 4 of the Police Act Cap. P.19 LFN, 2004 and had come to the reasoned conclusion that the power to investigate crimes of the nature under consideration (murder) resides with the Nigeria Police Force while the power to gather intelligence lies with the State Security Service, and
“Murder, the offence allegedly committed by the suspects is exclusively within the jurisdiction of the States in the Federation. The Criminal Procedure Act, Cap., C. 38 LFN, 2004 is very clear on this matter. The Federal Ministry of Justice therefore has no power to prosecute murder cases as murder is a state offence committed against State law and that the matter was already been handled by appropriate authorities in Edo State.
“In view of the foregoing clear instructions and position, I am shocked, embarrassed and utterly disappointed by the representations reportedly allegedly made on my behalf by Mr. Olaitigbe. I have accordingly instituted an internal investigation to unravel the mystery and appropriate measures will be taken to discipline any officer found wanting in this deliberate propagation of falsehood.
“In the meantime, I wish to assure your esteemed Members and the general public of the principled stance of my office on this matter as already elaborated above and to inform you that my office was never at any material time confused as to the steps to be taken in this matter. I sincerely regret the misrepresentation and the apprehension that it has generated in the minds of Honourable Members of the Committee, as well as the general public.
“Please accept the assurances of my highest regards and consideration.”
