INTRODUCTION
We are Solicitors to Mr Mohammed Bello Adoke, former Attorney-General and Minister of Justice (“our client”). We issue this statement on his clear instruction and mandate, having exhausted all administrative and engagement options. Adoke is particularly told that the EFCC’s spokesperson, Mr Tony Osilade, has continued to tell the world that Mr Adoke has not fulfilled his bail conditions. Mr Adoke has therefore instructed us to repudiate this clear misinformation and put the facts rights before the public.
Following the voluntary return to Nigeria of our client on Thursday, 19th December, 2019, as evidenced in the fact that he personally purchased his Emirate Airline ticket and also voluntarily boarded the aircraft without any security nudge, he was picked up at the foot of the aircraft at the Azikiwe International Airport by the Interpol, without any reasonable justification for so doing. He was promptly handed over to the EFCC without the EFCC charging or arraigning him before any Court of competent jurisdiction, for any known offence.
EX-PARTE DETENTION ORDER
Subsequently, the EFCC obtained an exparte order to detain him for 14 days, which said order expired on 2nd January, 2020, without charging him with any criminal offence. Thereafter, the EFCC secured yet another exparte order, to further detain our client, for another 14 days, adding up to 28 days detention. This unwholesome state of affairs continued until the 22nd of January, 2020, when he was eventually arraigned before the FCT High Court, Gwagwalada, Abuja, upon our protests, and sustained outcry by well-meaning Nigerians.
ILLEGAL DETENTION
The point must clearly be made here that before the arraignment of our client at the FCT High Court, Gwagwalada, on 22nd January, 2020, our client had already been illegally and unconstitutionally detained for extra six-days, well beyond the 28 days earlier obtained through the exparte court orders; or the period allowed by section 35 of the 1999 Constitution, which prescribed 24 hours only. This is quite disturbing, because our client is presumed innocent under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as altered, until proven guilty. It is instructive to note that the EFCC bluntly ignored our humble letters, imploring it to kindly grant Adoke administrative bail in accordance with the provisions of the Administration of Criminal Justice Act (ACJA), or even to transfer him to a good hospital, to treat him of his spinal cord and back injuries. His illness (the very reason he had gone to Dubai in the first place, from where he was illegally arrested and detained by the Interpol. It must also be emphasised that the said arrest and detention were anchored on a vacated warrant of arrest which was done by the Hon Justice D.Z. Senchi, on the 25th of October, 2019. The illness has since rendered Adoke bent, forcing him to rely on a walking stick for support. Our client to EFCC’s knowledge, is very sick, frail and vegetating away.
THE BAIL GRANTED TO ADOKE
On 27th January, 2020, the EFCC finally decided to arraign Adoke. On the 30th day of January, 2020, after argument on the bail application on 28th January, 2020, the Hon. Justice Abubakar Idris Kutigi, of the FCT High Court, Gwagwalada, finally granted our client bail and imposed several bail conditions which were duly met and perfected by our client the same day.
HIS CONTINUED INCARCERATION NOW AMOUNTS TO PERSECUTION, NOT PROSECUTION
It is disheartening that despite meeting the bail conditions imposed by the Court, since the 30th of January, 2020, the EFCC is still holding our client in permanent custody, till date. This has further jeopardized his very poor and fragile health. The court had actually taken Adoke’s ill health into consideration in making the order for his release, with certain bail conditions. From the foregoing, it is crystal clear to any discerning observer that our client is no more being prosecuted, but is being persecuted, by the EFCC, which has, by this singular act, now constituted itself into an institution that acts above courts of law. It now deploys unbridled powers to choose and/or decide (as in this particular case), whether or not to obey valid and extant orders made by courts of competent jurisdiction. Such a situation, to say the least, is clearly unhealthy for our constitutional democracy, and constitutes an unnecessary invitation to chaos and anarchy.
NEED FOR OBEDIENCE TO COURT ORDERS
It is pertinent to note that in a country operating a constitutional democracy such as ours, the Rule of law is supreme and must prevail at all times over government whimsicality, arbitrariness, capriciousness and strong arm (viet armis). This is why courts of the land have, over the years, continued to reiterate the position of the law that orders of a court of competent jurisdiction must be obeyed. It leaves no choices, no options. Thus, in the case of Governor of Lagos State v. Ojukwu (1986) 1NWLR PT.18, the Supreme Court per, Uwais, JSC (as he then was), had this to say, even under a despotic and tyrannical military junta:
“I think I should still stress that it is a matter of grave concern that the Military Government of Lagos State should be seen to disregard a lawful order issued by a court of law. If Governments treat court orders with levity and contempt the confidence of the citizen in the courts will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the rule of law. If anyone should be wary of orders of court it is the authorities; for they, more than anyone else, need the application of the rule of law in order to govern properly and effectively”.
In his contributory judgement in this same celebrated case, Justice Chukwudifu Oputa, J.SC. (of blessed memory), dilated as follows:
“The court system cannot be maintained without the willingness of parties to abide by the findings and orders of a competent court until reversed on appeal. This presupposes that no party and no court of subordinate or even co-ordinate jurisdiction can say:- “I do not like the order made and I will not obey it”. And that is exactly what the Lagos State Government is doing in this case. And that posture has to be condemned in the strongest or terms if we are not to say good-bye to the Rule of Law.”
Consequently, it was expected that the EFCC (whose motto is, “NO one is above the law”), having submitted itself to the courts by arraigning Mr Adoke before a court of law, ought to lead in the struggle for the preservation of the Rule of law and obedience to court orders. We believe it ought to show leadership, in accordance with the dictates of the Rule of law, by obeying the order of a court of Competent jurisdiction (coran, Justice Idris Kutigi), which had granted bail to Bello Adoke. The EFCC by refusing to toe this line, is now constituting itself into an appellate court or tribunal over court decisions. This cannot be so.
PERFECTION OF BAIL CONDITIONS BY MR ADOKE
After fulfilling his bail conditions, and upon presenting the release order of the court duly signed by his Lordship to the EFCC, another round of stories commenced. It was either that one official or the other, was not available to authorize the release. And, so Adoke continues to languish in illegal detention.
As at today, 6th February, 2020 (and still counting), over seven clear days after the court granted Adoke bail, the EFCC continues to detain him.
In compliance with the enrolled and certified order of the court dated 30th January, 2020, for Adoke’s release, he had duly and fully complied with all the bail conditions imposed on him by the court.
Notwithstanding our client’s fulfilment of his bail conditions, he has been kept by the Respondent in horrific detention, in blatant defiance of the court’s clear and mandatory order for his release on bail. His health condition is fast deteriorating on a daily basis.
After several unfilled promises for his release, our client was finally taken to the Registrar of the FCT High Court, Gwagwalada, ostensibly in purported compliance with the court’s production warrant, even though the court’s order for his release was quite clear and unambiguous.
On being brought to the court by the EFCC operatives, Adoke (who by now had been joined by his legal team), was simply informed by the said operatives that he was being rearrested on purported fresh amended charges allegedly filed against him before the Federal High Court.
There and then, Adoke was again whisked away by the EFCC operatives in the presence of his lawyers, without being allowed one single minute of freedom.
In all these, no warrant of arrest or any fresh order for our client’s arrest or detention was ever served him, or produced to his legal team. The team watched helplessly as Lady Justice was being mangled and trampled upon.
In addition to his spinal cord and back pains, Adoke is now critically ill, with the fresh addition of typhoid, malaria, sore throat and blistered lips, and with his sight gradually failing him. This has forced the EFCC to hurriedly transfer him to the Federal Medical Centre, Airport Road, Abuja.
OUR WORRIES; OUR CONCERN
If a former Honourable Attorney-General of the Federation and Minister of Justice could be so shabbily ill-treated with such brazen disrespect to his humanity and dignity for his person, over alleged infractions, the infractions of which a competent court of law (coran, Justice Binta Nyako), had clearly exonerated him in a land mark decision, dated 13th April, 2018, and also, a further exoneration, by the Present Attorney-General of the Federation, Abubakar Malami, SAN, in a legal opinion dated 20th September, 2017, then one shudders about the fate of the proverbial “common man” and “common woman”.
OUR HUMBLE APPEAL
We humbly appeal most earnestly, to the EFCC, to respect a valid court order, by releasing Mr Bello Adoke, SAN, forthwith, from his illegal, unlawful wrongful, and unconstitutional detention. By arraigning Adoke before a court of law, it has undertaken to abide by the court’s decisions. We humbly appeal to this government to help us build strong and enduring institutions; not strong men or women.
We beg; we pray; we beseech, sirs.
CHIEF MIKE A. A. OZEKHOME, SAN, OFR, FCIArb, Ph.D, LL.D
Counsel to Mr Mohammed Bello Adoke, SAN.
