By Ishaya Ibrahim
The Global Integrity Crusade Network (GICN) has said that the Attorney-General of the Federation Abubakar Malami, is not eligible to testify against the suspended chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.
Malami has been allegedly listed as one of the witnesses that would testify against the former EFCC boss at the Justice Ayo Salami Investigative Panel.
President Muhammadu Buhari constituted the panel to probe Magu on corruption allegation leveled against him by Malami.
At a news conference, a lawyer and Executive Director of GICN, Edward Omaga, said since the panel has gathered enough evidence to do justice to its report, there as no need for the AGF to appear as a witness.
“There were reports that Malami is to appear as witness before the panel and we are saying the panel should be allowed to use its own wisdom in discharging its mandate without being teleguided by people who should be busy defending themselves by responding to allegations made against them,” Omaga said in a NAN report.
According to the lawyer, since the AGF is the supervisory office of the EFCC, there is nothing new he would be saying.
“We should be reminded that at the completion of the sitting, the report would be sent to President Muhammadu Buhari, who will in turn seek the legal view of the AGF.
“So, if he is invited to be a witness before the panel, he would be deprived from offering his constitutional legal view when sought, having appeared as a witness at the panel,” he said.
Beside, he said Malami’s appearance as a witness would conflict with his role to offer legal advice on the same matter when the President sends the report to him.
“In framing a charge, as is the case with all other proceedings, the office of the Attorney-General is exercising a constitutional role of prosecution and not a role of testimony’.
“`We see the call as a bait to deprive the AGF of the opportunity of performing his constitutional responsibility of offering legal advice on the matter,” he said.
He said the constitution does not provide for the office of the Attorney General of the Federation to be a witness over a matter in which it stands in a prosecutorial and supervisory role.
“It cannot therefore be placed in a compromised position, making it impossible for the office to exercise its constitutional role of proffering a legal opinion or prosecuting the allegations when the report establishes a prima facie case justifying prosecution,” he said.
Malami had disclosed on September 10, that he was prepared to testify against the suspended chairman while reacting to a letter by Wahab Shittu, counsel to Magu, demanding that Malami appear before the panel to provide evidence regarding his allegations.