Posted by Vanguard on
Details of the Affidavit sworn to by Attorney General of the Federation
"I am the Honourable Attorney-General and Minister of Justice of the Federal Republic of Nigeria. By virtue of section 150(1) of the Constitution of the Federal Republic of Nigeria 1999 (hereinafter referred to as the Constitution), I am the Chief Law Officer of the Nigerian Federation and a Minister of the Government of the Federation. By virtue of section 174 of the said constitution I have the power to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court martial, in respect of any offence created under any act of the National Assembly. 'To take over and continue any such criminal proceedings that may have been instituted by any other authority or power. To discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.
'It is my belief that the Hon. Taford Ongolo who is the Attorney-General and Commissioner for Justice of Bayelsa State, is also an accomplice in the case against the governor. I can confirm that he is being investigated with other prominent Bayelsa State officials by the Economic amd Financial Crimes Commission of Nigeria for money laundering activities. I can also confirm that this is a current on-going investigation within Nigeria being conducted by the EFCC.
'Further to my statement dated the 3rd November, 2005, I would like to add that I have travelled to the United Kingdom and arrived on the 2nd November, 2005. I have travelled here specifically to deal with the current case concerning Chief D. S. P. Alamieyeseigha.
'As an appointed officer of the Nigerian government, I would like to state that the government of Nigeria confirms that it is not imperative for the governor to return to Nigeria and we would wish for him to remain in the United Kingdom and stand trial. It is far more important for the governor to remain here and stand trial than return to Nigeria. The state of Bayelsa is being run perfectly well in the Governor's absence by the Deputy Governor, who is empowered by the Nigerian Constitution, with the same power as a governor.
'I would like to state that in view of the fact that the Governor would be entitled to immunity under section 308 of the Nigerian Constitution when he goes back to Nigeria, he may not be willing to return to the United Kingdom to stand trial. I believe this to be the case because there is nothing that anybody can do to force him to return to the United Kingdom once he sets fool on Nigerian soil. I am aware that the AG of Bayelsa State has indicated, he has a strong influence over the Governor and would do his utmost in order to make sure he returns to the United Kingdom. I wish to say that this is not correct as the AG of Bayelsa has no influence whatsoever on the Governor just like I have no influence over the President of the Federal Republic of Nigeria. Moreso, as the Governor could fire the AG of Bayelsa anytime he so wishes.
"I would also like to state that there is nobody within the state of Bayelsa who could make sure that the Governor returns to the United Kingdom as the Governor is the Chief Executive of the state and as such he determines whatever he wishes to do.
'Section 308 of the Constitution merely restricts legal proceedings against a state governor whilst in office. The moment such a Governor is out of office, such proceedings that have been hither to restricted can be brought against him or her. For the avoidance of doubt, this section is not intended to confer sovereign immunity on a Governor. The only person that can lay claim to sovereign immunity is the President of the Federal Republic of Nigeria under the doctrine of sovereign immunity in International Law and duly accredited Nigerian Diplomats under the Vienna Convention. The restriction on legal proceedings against a serving President under Section 308 of the Constitution does not extend beyond the borders of Nigeria. A fortiori a state governor cannot also enjoy the same outside Nigeria.
Section 305 of the Constitution gives the President power to declare a state of emergency in any part of the Federation of Nigeria, including Bayelsa State if the situation so warrants. If the Governor were truly sovereign in Bayelsa State, as being claimed by the Bayelsa State Attorney-General and Commissioner for Justice, then the same Constitution would not provide for the President to have the power or ability to intervene in the affairs of the Governor's State or trump the Governor's powers. Moreover, the state has continued to function for the last month and a half, successfully, without the governor being at the helm of affairs.
'Corruption, money laundering and the proceeds thereof have continued to be significant issues being addressed by the Nigerian Government over the past six years. Both crimes are regarded as serious enough to undermine the Nigerian economy and the very existence of the society.
'Since the arrest of the Governor in September 2005, the Deputy Governor who is empowered by the Constitution to so do, has continued to act for the Governor and run the day-to-day affairs of Bayelsa State. As a result of the Governor's arrest, salaries of workers in the civil service are being paid promptly, obligations to third parties are being met and normal governance is being carried on in Bayelsa State.
'As the Chief Law Officer for the Federal Republic of Nigeria, I know that the supplementary witness statement made by the Hon. Taford Ongolo is completely irrelevant to the current proceedings against the Governor in the United Kingdom. I believe it is a calculated attempt to delay the trial against the Governor.