In a letter dated September 4 to the Presidential Panel investigating him, Wahab Shittu, Magu’s counsel, said the appearance of the AGF before the tribunal of Inquiry is to ensure a fair hearing.
The panel was mandated to investigate the former EFCC boss after Malami recommended his removal over allegations of corruption in a letter to President Muhammadu Buhari.
Shittu added in the letter requesting the AGF to be summoned that his client was entitled to being confronted with the allegations against him especially those by Malami, whom he described as his “main accuser”.
Citing Sections 5(c) and 6 of the Tribunals of Inquiry Act 2004, he said the tribunal has “the power to summon any person in Nigeria to attend any meeting of the tribunal to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions”.
He added that the request is in compliance with Section 36 of the Nigerian constitution.
“We believe that consistent with the fundamental principles of fair hearing as guaranteed under Section 36 of the constitution of the Federal Republic of Nigeria 1999, our client is entitled to be confronted with copies of allegations against him as well as the opportunity to confront his main accuser (in this case, the Honourable Attorney-General of the Federation) to enable our client raise issues concerning the allegations and cross-examine the Honourable Attorney-General of the Federation on the substance and credibility of his allegations against our client.
“We hereby apply for the issuance of a Subpoena Ad Testificandum and Subpoena Duces Tecum on the Honourable Attorney-General of the Federation, Mr Abubakar Malami (SAN), to appear before this Judicial Commission of Inquiry to give evidence concerning his memo to the President of the Federal Republic of Nigeria, President Muhammadu Buhari (regarding Magu).”
The lawyer also requested the panel to recall witnesses, who appeared and testified before it at the time Magu was not allowed to participate in its proceedings for cross-examination.
“Based on the foregoing, our client is entitled to participate in the entirety of the proceedings including afforded the opportunity to cross-examine all witnesses in these proceedings.
“We will also humbly request for guidance on specific procedure, schedule and timeline earmarked for the defence to enable our client adequately prepare and call relevant and material witnesses/documentary evidence ahead of his defence in the proceedings,” he said.
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