Former Rivers State
Governor Peter Odili has explained how he sought and obtained a controversial
court injunction that made him perpetually immune from arrest and prosecution
by the Economic and Financial Crimes Commission.
Governor Peter Odili has explained how he sought and obtained a controversial
court injunction that made him perpetually immune from arrest and prosecution
by the Economic and Financial Crimes Commission.
In his
newly-released autobiography titled ‘Conscience and History: My Story,’ Odili
said he decided to challenge EFCC in court to stop an “evil plot” against him.
newly-released autobiography titled ‘Conscience and History: My Story,’ Odili
said he decided to challenge EFCC in court to stop an “evil plot” against him.
This is the first
time the former governor is making public comments about the injunction, which
he secured from a Federal High Court in March 2008 and which still subsists
because the Appeal Court in Port Harcourt is yet to vacate it years after the
EFCC filed an appeal.
time the former governor is making public comments about the injunction, which
he secured from a Federal High Court in March 2008 and which still subsists
because the Appeal Court in Port Harcourt is yet to vacate it years after the
EFCC filed an appeal.
Odili’s ordeal with
the EFCC began in late 2006 when the commission issued an “interim report” that
contained allegations of large-scale fraud, conversion of public funds, foreign
exchange malpractice, money laundering, stealing and abuse of oath of office
against him.
the EFCC began in late 2006 when the commission issued an “interim report” that
contained allegations of large-scale fraud, conversion of public funds, foreign
exchange malpractice, money laundering, stealing and abuse of oath of office
against him.
To stave off
impeding prosecution of officials, the then Rivers State attorney general went
to court and got a perpetual injunction in March 2007 restraining EFCC from
investigating the state government.
impeding prosecution of officials, the then Rivers State attorney general went
to court and got a perpetual injunction in March 2007 restraining EFCC from
investigating the state government.
Months after he had
left office in May 2007, Odili himself went to court and asked to be made to
benefit from the injunction and the court granted his prayers, making him
perpetually immune from arrest or prosecution.
left office in May 2007, Odili himself went to court and asked to be made to
benefit from the injunction and the court granted his prayers, making him
perpetually immune from arrest or prosecution.
In his new book,
the former governor said the allegations in the EFCC report were “false and
contrived maliciously against me and my administration” in order to force him
out of the Peoples Democratic Party presidential primaries.
the former governor said the allegations in the EFCC report were “false and
contrived maliciously against me and my administration” in order to force him
out of the Peoples Democratic Party presidential primaries.
Odili said his
troubles began when “a spurious and anonymous petition” was posted on the internet
on December 12, 2006 alleging corrupt practices against the Rivers State
government.
troubles began when “a spurious and anonymous petition” was posted on the internet
on December 12, 2006 alleging corrupt practices against the Rivers State
government.
“These allegations
were contrived into a petition by the EFCC under Nuhu Ribadu’s hand to the
President same day. On 13th December, 2006 Mr. President directed EFCC to
investigate. On the 14th day of December 2006, EFCC submitted a so-called
‘interim’ report to the then President who promptly minuted for my response on
the same 14th December, 2006, but forwarded to me on 15/12/06, a day to the
convention vide ref. PRES/44,” he said.
were contrived into a petition by the EFCC under Nuhu Ribadu’s hand to the
President same day. On 13th December, 2006 Mr. President directed EFCC to
investigate. On the 14th day of December 2006, EFCC submitted a so-called
‘interim’ report to the then President who promptly minuted for my response on
the same 14th December, 2006, but forwarded to me on 15/12/06, a day to the
convention vide ref. PRES/44,” he said.
“I assembled what
was left of my cabinet team, a few having been arrested and kept at the EFCC
office in Lagos within these few days of urgent dramatic action. We submitted
our response on the 15th day of December, 2006 by which time it had become
clear what the whole exercise was about— get Odili out of the race for the
presidency at all cost.”
was left of my cabinet team, a few having been arrested and kept at the EFCC
office in Lagos within these few days of urgent dramatic action. We submitted
our response on the 15th day of December, 2006 by which time it had become
clear what the whole exercise was about— get Odili out of the race for the
presidency at all cost.”
Odili said when he
withdrew “voluntarily” from the presidential primaries, the EFCC dropped the
matter and his arrested aides were released.
withdrew “voluntarily” from the presidential primaries, the EFCC dropped the
matter and his arrested aides were released.
But he said when on
January 1, 2007 he told a gathering in Port Harcourt that he would be
“vindicated in due course” on the EFCC allegations, the commission resumed its
pursuit of him and his administration.
January 1, 2007 he told a gathering in Port Harcourt that he would be
“vindicated in due course” on the EFCC allegations, the commission resumed its
pursuit of him and his administration.
He said he spoke to
President Obasanjo who assured him nothing will happen, but that he began to
“smell something sinister” and therefore decided to challenge the EFCC in
court.
President Obasanjo who assured him nothing will happen, but that he began to
“smell something sinister” and therefore decided to challenge the EFCC in
court.
“Propelled by a
sense of rejection of what is wrong and in full appreciation of the fact that
‘God guides the feet of the righteous in defence of justice’, we set out to
challenge the evil plot against Odili,” he said in the 511-page book.
sense of rejection of what is wrong and in full appreciation of the fact that
‘God guides the feet of the righteous in defence of justice’, we set out to
challenge the evil plot against Odili,” he said in the 511-page book.
He said he first
approached the State High Court to make a declaratory interpretation of the
constitutional responsibilities of the State House of Assembly as the only body
charged by the Constitution to supervise, monitor and investigate the
utilization of state resources by the executive arm.
approached the State High Court to make a declaratory interpretation of the
constitutional responsibilities of the State House of Assembly as the only body
charged by the Constitution to supervise, monitor and investigate the
utilization of state resources by the executive arm.
“After full trial,
the verdict was that the State House of Assembly and none other had the
responsibility of probing the utilization of the state resources by the
executive,” Odili said.
the verdict was that the State House of Assembly and none other had the
responsibility of probing the utilization of the state resources by the
executive,” Odili said.
Armed with this
ruling, Odili said, he proceeded to the Federal High Court and formally
challenged the right of the EFCC to investigate his government.
ruling, Odili said, he proceeded to the Federal High Court and formally
challenged the right of the EFCC to investigate his government.
“Full trial lasted
for several weeks. The Federal High Court in PH with Justice I.N. Buba agreed
with the position of the State High Court as to who was charged with the
constitutional responsibility of probing the expenditure of a state
government,” he said.
for several weeks. The Federal High Court in PH with Justice I.N. Buba agreed
with the position of the State High Court as to who was charged with the
constitutional responsibility of probing the expenditure of a state
government,” he said.
“The learned Judge
issued declaratory and injunctive orders against the EFCC, declared as null and
void the EFCC ‘interim report’ of December 2006 and prohibited them from
publishing or putting into any use that report.”
issued declaratory and injunctive orders against the EFCC, declared as null and
void the EFCC ‘interim report’ of December 2006 and prohibited them from
publishing or putting into any use that report.”
Odili said, “Having
left office as governor on May 29, 2007, agents of the conspiracy against Odili
thought that with the lifting of the immunity veil on governors, it was now
time to go after Odili.
left office as governor on May 29, 2007, agents of the conspiracy against Odili
thought that with the lifting of the immunity veil on governors, it was now
time to go after Odili.
“Ex-governors were
being arrested and interrogated. Cries for Odili’s head by detractors filled
the air; threats of impending arrest of Dr. Odili became an attractive news
flash. I was provoked to act, because, there is a saying back home that ‘it is
only a tree that you can threaten to cut down and it will continue to stand
waiting for you to do so.’”
being arrested and interrogated. Cries for Odili’s head by detractors filled
the air; threats of impending arrest of Dr. Odili became an attractive news
flash. I was provoked to act, because, there is a saying back home that ‘it is
only a tree that you can threaten to cut down and it will continue to stand
waiting for you to do so.’”
This, according to
him, prompted him to head for the courts armed with the March 2007 judgment
against the EFCC, where he sought and obtained the perpetual injunction from
the Federal High Court on March 5, 2008.
him, prompted him to head for the courts armed with the March 2007 judgment
against the EFCC, where he sought and obtained the perpetual injunction from
the Federal High Court on March 5, 2008.
“Now in my private
capacity as a Nigerian citizen, I sued the Attorney General of the Federation
and the EFCC and requested the Federal High Court to order the AG and EFCC to
respect the 2007 Court order and restrain them from any malicious harassment or
action against my person,” he said.
capacity as a Nigerian citizen, I sued the Attorney General of the Federation
and the EFCC and requested the Federal High Court to order the AG and EFCC to
respect the 2007 Court order and restrain them from any malicious harassment or
action against my person,” he said.
“A full trial, with
the parties represented, lasted several months. At the end, by the special
grace of God, judgement was in my favour. My legal team led by I. Adedipe SAN
obtained a perpetual injunction against the defendants: the Attorney General of
the Federation and the EFCC.”
the parties represented, lasted several months. At the end, by the special
grace of God, judgement was in my favour. My legal team led by I. Adedipe SAN
obtained a perpetual injunction against the defendants: the Attorney General of
the Federation and the EFCC.”
A protracted appeal
Daily Trust
investigations published on August 7, last year, show that on October 6, 2008
EFCC filed an appeal against the first injunction of March 2007 at Port
Harcourt division of the Court of Appeal.
investigations published on August 7, last year, show that on October 6, 2008
EFCC filed an appeal against the first injunction of March 2007 at Port
Harcourt division of the Court of Appeal.
In 2010, the EFCC
engaged A.B. Mahmoud, SAN to pursue the appeal of ‘perpetual injunction’
judgement.
engaged A.B. Mahmoud, SAN to pursue the appeal of ‘perpetual injunction’
judgement.
While the case was
ongoing, Odili again went to the Court of Appeal seeking to be included in the
case as an interested party. On January 27, 2011, the Court of Appeal ruled
that Odili should be joined as an interested party.
ongoing, Odili again went to the Court of Appeal seeking to be included in the
case as an interested party. On January 27, 2011, the Court of Appeal ruled
that Odili should be joined as an interested party.
Daily Trust
findings revealed that the case was last heard on March 15, 2012, and no date
has been fixed for the next hearing. When in July last year our correspondent
contacted the Registrar of the Court of Appeal in Port Harcourt, Tony Ejike, he
said: “There is no date fixed for this case.”
findings revealed that the case was last heard on March 15, 2012, and no date
has been fixed for the next hearing. When in July last year our correspondent
contacted the Registrar of the Court of Appeal in Port Harcourt, Tony Ejike, he
said: “There is no date fixed for this case.”
‘How Jonathan
displaced me’
displaced me’
In his
autobiography, Odili also gave a story of how he was denied the vice
presidential ticket of the PDP, which went to Dr. Goodluck Jonathan.
autobiography, Odili also gave a story of how he was denied the vice
presidential ticket of the PDP, which went to Dr. Goodluck Jonathan.
He said on the day
of the PDP presidential primaries, “I was invited to the VIP Guest Room at
Eagle Square and was privileged to sight the typed copy of Umaru’s prepared
acceptance speech. It was clearly stated that he had nominated Dr. Peter Odili
as his running mate for the presidential race.
of the PDP presidential primaries, “I was invited to the VIP Guest Room at
Eagle Square and was privileged to sight the typed copy of Umaru’s prepared
acceptance speech. It was clearly stated that he had nominated Dr. Peter Odili
as his running mate for the presidential race.
“This was at about
midnight or so. In the course of the next few hours, information started
reaching me that there was a strong pressure to drop me from the ticket.
midnight or so. In the course of the next few hours, information started
reaching me that there was a strong pressure to drop me from the ticket.
“At about 3.30am or
so, I was again invited to the VIP Guest room at Eagle Square and informed that
there was a strong challenge to my being the running mate based on ‘some fresh
information’ just received from Nuhu Ribadu, that would need to be sorted out
later in the day.
so, I was again invited to the VIP Guest room at Eagle Square and informed that
there was a strong challenge to my being the running mate based on ‘some fresh
information’ just received from Nuhu Ribadu, that would need to be sorted out
later in the day.
“By the close of
convention at dawn only 2 State Delegate Stands were still full-Katsina and
Rivers- all others were empty or had one or two people left. The result was
announced—Umaru was the winner and he promptly read a handwritten acceptance
speech that excluded my name. He announced that further consultations were
being made on the matter of his running mate.”
convention at dawn only 2 State Delegate Stands were still full-Katsina and
Rivers- all others were empty or had one or two people left. The result was
announced—Umaru was the winner and he promptly read a handwritten acceptance
speech that excluded my name. He announced that further consultations were
being made on the matter of his running mate.”
“By 4pm on Sunday
17th December, 2006 Dr. Jonathan was announced as the running mate to Umaru
Yar’Adua. By Monday 18th December I congratulated Umaru and Jonathan and urged
all my supporters nationwide and Rivers people to support the ticket. Odili was
out of the race and the ticket,” he added.
17th December, 2006 Dr. Jonathan was announced as the running mate to Umaru
Yar’Adua. By Monday 18th December I congratulated Umaru and Jonathan and urged
all my supporters nationwide and Rivers people to support the ticket. Odili was
out of the race and the ticket,” he added.
Source:
Daily Trust
Daily Trust
