A political support group, Asiwaju Media Team, has charged the Economic and Financial Crimes Commission (EFCC) to reopen and review its 2006 investigation into the management of funds belonging to the Petroleum Technology Development Fund (PTDF), including alleged involvement of the Presidential Candidate of ADC and former Vice President, Atiku Abubakar.
The group made the demand at a news conference in Akure, the Ondo State capital on Tuesday, where it formally announced a petition submitted to the anti-graft agency seeking a comprehensive review of the longstanding case, threatening a mass protest.Download Interactive Maps
In the petition signed by its Director General, Prince Emorioloye Owolemi, the group urged the EFCC to retrieve its original investigation file, establish the current status of funds identified during the probe, recover any outstanding public money, and prosecute all culpable persons where evidence supports criminal charges.
According to the group, the petition relates to the EFCC investigation initiated in 2006 following a request from the United States Department of Justice concerning transactions involving iGate, NDTV and other related entities.
It noted that the investigation later expanded to cover the management and placement of PTDF funds during Atiku’s tenure as Vice President.
The group recalled that an 18-count charge was subsequently filed before the Code of Conduct Tribunal in 2006 but was halted after courts ruled that Atiku, as a serving Vice President at the time, enjoyed constitutional immunity from criminal proceedings.
“Asiwaju Media Team believes the issue was never determined on its merits because the proceedings were stopped on the basis of constitutional immunity rather than an acquittal after trial,” Owolemi said.
The group also referred to subsequent Senate investigations into the PTDF transactions and alleged that some loans linked to the transactions remained unrecovered at the time of legislative scrutiny.
He added that the group would consider lawful public protests and legal action should the commission fail to respond or take reasonable steps to review the matter.
Below is the full text of the Petition as read by the Group’s DG;
PETITION REQUESTING PROSECUTION/REVIEW OF LONG STANDING ALLEGATIONS CONCERNING THE PETROLEUM TECHNOLOGY DEVELOPMENT FUND (PTDF) AND FORMER VICE PRESIDENT ATIKU ABUBAKAR
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We write as Asiwaju Media Team, a CAC registered business Organization under the Companies and Allied Matters Act 2020, with Administrative and Support Services Activities as its stated nature of business, and also an APC-registered support group involved in political support, mobilisation, civic engagement and public accountability.
This petition concerns the longstanding investigation into the management and placement of funds belonging to the Petroleum Technology Development Fund (PTDF) during the tenure of former Vice President Alhaji Atiku Abubakar, GCON.
Our request is that the EFCC should retrieve and comprehensively review its original
investigation file and all subsequent judicial and legislative developments; establish the present status of all public funds identified in the investigation; recover any outstanding public money; and, where the available evidence establishes a prima facie case and no subsisting legal impediment exists, prosecute Atiku Abubakar in accordance with law.
BACKGROUND
In 2006, following a request from the United States Attorney’s Office, Department of
Justice, dated 22 June 2006, Ref. MEW:DPW:KDL:AV 1 File 182.23818, the EFCC
commenced an investigation concerning transactions involving iGate, NDTV and related
persons and entities.
The investigation expanded into the management and placement of PTDF funds under the
supervision of the Office of the Vice President.
The EFCC subsequently produced its investigation report dated 24 August 2006, Ref.
EFCC/EC/01/104.
Among the transactions examined were the Federal Government’s approval of US$125 million for PTDF purposes; placements of substantial portions of the funds with Equatorial Trust Bank and Trans International Bank; a subsequent US$20 million transaction; and transactions involving NDTV, Otunba Oyewole Fasawe, Chief Mike Adenuga, former PTDF Executive Secretary Yusuf Hamisu Abubakar and other persons and companies.
The EFCC report made adverse findings concerning the management of the funds, including findings against then Vice President Atiku Abubakar.
Following the EFCC investigation, then President Chief Olusegun Obasanjo, GCFR, constituted an Administrative Panel headed by the then Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN.
The Panel examined the EFCC report and supporting documents and interacted with relevant officials and persons, including Atiku Abubakar.
In its report dated 5 September 2006, the Panel found, among other things, that the then Vice President had abused his office by approving the placement of PTDF funds in banks instead of their immediate application to the projects for which they had been approved.
The Panel further made adverse findings concerning the additional US$20 million and
recommended that Atiku Abubakar be indicted and held accountable for acts described in its report as embezzlement and fraud which allegedly occurred with his approval and under his supervision.
Because Atiku was then Vice President and constitutionally protected by Section 308 of the
Constitution, the Panel recommended referral of the matter to the Code of Conduct Bureau for necessary action.
Following these developments, the Federal Republic of Nigeria instituted an 18-count charge before the Code of Conduct Tribunal under Charge No. CCT/NC/ABJ/06, dated 22 September 2006, against Atiku Abubakar and others.Download Interactive Maps
Atiku challenged the competence of the proceedings on the basis of the constitutional immunity he enjoyed as serving Vice President.
The Federal High Court, Abuja, upheld his objection on 20 December 2006.
The Attorney General of the Federation, Code of Conduct Bureau and Code of Conduct Tribunal appealed.
In Attorney General of the Federation & Ors v. Alhaji Atiku Abubakar, Appeal No. CA/A/21/2007judgment delivered on 5 April 2007, the Court of Appeal affirmed that Code of Conduct Tribunal proceedings were criminal in nature and could not be maintained against a serving Vice President while his tenure subsisted.
Significantly, that decision did not constitute an acquittal following a trial on the merits of the PTDF allegations. The proceedings were prevented from continuing because of the constitutional immunity attaching to the office Atiku occupied at the material time.
Atiku ceased to be Vice President on 29 May 2007 and therefore no longer enjoys the immunity attaching to that office.
The Senate subsequently investigated the PTDF transactions through its Ad-Hoc Committee
chaired by Senator Victor Ndoma-Egba, SAN.
The Senate investigation examined the US$125 million and US$20 million transactions, bank placements and loans connected with the institutions involved.
The Ad-Hoc Committee reported that certain loans associated with the transactions remained unrecovered at the time of its investigation, including amounts involving NDTV, Mofas Shipping Company Limited and Transvari Services Limited.
The Committee also recorded recoveries already made by the EFCC from some persons
connected with the transactions.
We acknowledge that a subsequent Senate Review Committee modified aspects of the earlier Committee’s conclusions, particularly by stating that the timing of PTDF deposits and private bank loans was not, standing alone, sufficient proof that the deposited PTDF funds funded those loans.
That subsequent review makes a present, evidence based EFCC investigation even more
important. The question of what money was ultimately returned, what was legitimately
expended on PTDF projects, what remained outstanding, and who bears criminal or civil
responsibility should be conclusively established.
We also draw the Commission’s attention to the judgment delivered by Justice Inumidun Akande of the Lagos State High Court in proceedings instituted by Otunba Oyewole Fasawe, in which orders were reportedly made setting aside the EFCC report, the Administrative Panel report and the related Federal Government Gazette.
Atiku Abubakar was not the applicant in that proceeding. Contemporary records further indicate that the EFCC appealed the decision.
We therefore specifically request the Commission to ascertain the final appellate status and
precise current legal effect of that judgment to determine whether to commencing immediate prosecution founded upon the 2006 materials or commencing new investigation.
This petition is consequently a request that the Commission to determine the present legal
position and act decisively within the law.
OUR DEMANDS
In the public interest, we hereby request that the EFCC:
Immediately retrieve and reopen/review EFCC Investigation Report Ref. EFCC/EC/01/104
dated 24 August 2006 and the complete investigation file, statements, exhibits, banking records
and other evidence gathered during the investigation.
Determine the present legal status of the previous 18-count CCT charge and whether fresh
charges, further investigation or other lawful proceedings following the expiration of Atiku
Abubakar’s constitutional immunity.
Establish the final status of the Lagos State High Court judgment involving Otunba Fasawe and
the appeal reportedly lodged by the EFCC.
Conduct a comprehensive forensic reconciliation of the US$125 million, US$20 million and all
other PTDF funds and investments covered by the investigations, identifying amounts returned
to PTDF, amounts legitimately applied to projects, interest earned, outstanding loans and any
sums that remain unrecovered.
Trace and recover any PTDF money or other public assets which remain unlawfully
outstanding, including proceeds traceable to any person or company found liable under
applicable law.
Invite Atiku Abubakar and any other relevant persons for further questioning where the
Commission considers this necessary, while relying upon existing statements and evidence
wherever they remain legally admissible and sufficient.
Where the evidence establishes a prima facie criminal case and there is no subsisting legal
impediment, institute appropriate criminal proceedings against Atiku Abubakar and every other
person found culpable, irrespective of political affiliation or social status.
Considering that the underlying investigation dates back approximately twenty years and that substantial investigative work was previously undertaken by the Commission itself, we demand that the EFCC, within 42 hours of receipt of this petition, formally commence the immediate steps being taken to review the matter.
Should the Commission fail to respond or take reasonable lawful steps, Asiwaju Media Team shall consider peaceful and lawful public protest and appropriate court proceedings to seek judicial review and/or orders compelling the responsible authorities to consider and determine the petition in accordance with law.
Any peaceful protest shall be conducted
CONCLUSION
The passage of time should not substitute for accountability where prosecutable offences and recoverable public funds remain.
Our demand is therefore for investigation, recovery and prosecution according to evidence and law, so that these longstanding allegations may finally be resolved through the proper
institutions of justice.
Please accept the assurances of our highest regards.
Yours Faithfully,
Prince Emorioloye Owolemi
Director General
ASIWAJU MEDIA TEAM
Attachments:
EFCC Investigation Report dated 24 August 2006, Ref. EFCC/EC/01/104.
Report of the Presidential Administrative Panel dated 5 September 2006.
Available Federal Government White Paper/Gazette records.
Available records relating to Charge No. CCT/NC/ABJ/06.
Court of Appeal judgment in AGF & Ors v. Atiku Abubakar, CA/A/21/2007.
Available Senate Ad-Hoc Committee and Senate Review Committee records.
Available records concerning the Fasawe Lagos State High Court proceedings and subsequent
appeal.
