– Adeogun-Phillips ‘withdrew’ from the case on February 9 when the case called but was silent on what informed his decision.
– The federal government has said the lawyer did not withdraw from the case as earlier reported but was fired because of conflicts of interest
– Salihu Isah, media aide to the AGF, Abubakar Malami (SAN) said in a statement on Sunday, February 12 that Adeogun-Philips was sacked because he also withheld information
The Federal government of Nigeria has said that Charles Adeogun-Phillips, the former lead counsel in the prosecution of Supreme court Justice Sylvester Ngwuta, did not withdraw from the case as earlier reported but was fired.
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In a statement released by the office of the Attorney general on Sunday, February 12, the federal government said it sacked the former prosecutor at the International Criminal Court because of conflicts of interests.
The Nation reports that the office of the AGF claimed that the lawyer was sacked because he allegedly withheld information about his involvement in a case against the Economic and Financial Crimes Commission.
The statement signed by Salihu Isah, media aide to the AGF, Abubakar Malami (SAN) reads: “Contrary to impressions given by Charles Adeogun-Philips, the lead prosecutor in the suit against Supreme Court judge, Justice Sylvester Nwali Ngwuta in various reports, suggesting that he withdrew from the case on his own volition, the National Prosecution Coordination Committee (NPCC) that engaged his services actually withdrew thefiat issued to him to prosecute the case over non-disclosure of conflict of interest and for other sundry reasons.
“The reports in a section of the media last Friday that he left in protest due to last week Tuesday’s dropping of charges earlier instituted against the Chief Registrar of the Supreme Court, Ahmed Gambo Saleh and two other officials of the apex court, Muhammad Abdulrahman Sharif and Rilwanu Lawal which he is also handling for the Federal Government and withdrawn against his consent, cannot be relied upon.
“The insinuation that the AGF withdrew the case against the three Supreme Court officials because they are Northerners is also unwarranted due to the fact that the dropping of the suit was done in good faith and in the context of plea bargaining to achieve greater goals in the prosecution of the other bigger cases that are ongoing against Justice Sylvester Ngwuta among others.
“So, it is wicked and childish for anyone to allude undue colouration to an action taken in national interest and reduce it to a North/South thing with a view to confuse the discerning public.
“This is not the first time such process will be entered into in law, especially so as the Administration of Criminal Justice Act 2015 allows plea bargaining in line with national interest.
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“And as a precedence, there was a time in the history of this nation that the allegations against Sergeant Rogers who was accused of killing Kudirat Abiola were stepped down for him to be used to testify against Major Hamza Al-Mustapha in the case between him and the Lagos state government over the killing of the wife of the acclaimed winner of the 1992 presidential election, late Chief M.K.O Abiola.
“It has now clearly shown that, either corruption is fighting back or simply that some people want to be mischievous and to hoodwink and divert the attention of Nigerians from the core issues at stake.
“Charles Adeosun-Philips is handling a brief in an ongoing suit at the Federal High Court in Lagos against the Economic and Financial Crimes Commission (EFCC), which amounts to conflict of interest, which he failed to disclose when being engaged.
“The suit in question involves a bank executive, who is alleged to have laundered $40m on behalf of former Minister of Petroleum, Mrs. Diezani Allison-Madueke as part of the $153, 310, 000.00 she is alleged to have siphoned from the Nigerian National Petroleum Corporation (NNPC).
“The EFCC is currently prosecuting the case before the Honourable Justice Muslim Hassan of the Federal High Court, Lagos pursuant to Section 17 of the Advanced Fees Fraud and Other Related Offences Act No. 14 of 2006 as well as Section 44(2) of the 1999 Constitution of the Federation of Nigeria.
“It would be recalled that the National Prosecution Coordination Committee (NPCC) chaired by the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) was inaugurated by Vice President, Prof. Yemi Osinbajo on May 27, 2016 at the Presidential Villa.
”It is charged with assisting the Attorney-General of the Federation in the exercise of his prosecutorial powers under Section 150 and 174(1) of the 1999 Constitution of the Federal Republic of Nigeria; especially as it involves high profile criminal cases,” he said.
Recall that Adeogun-Phillips withdrew from the case on Thursday, February 9 when the case called but was silent on what informed his decision.
Mrs. Hajara Yusuf, a counsel from the Office of the Director of Public Prosecutions of the Federation, took over as the leader of the prosecuting team for Thursday’s trial although it is not clear whether she would continue in that position.
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