At the end of his ultimatum urging the police to prosecute Farouk Lawan over the lingering bribery sacandal,Lagos lawyer Festus Keyamo has taken a bold move towards ensuring the prosecution of the lawmaker.
Keyamo has written a letter to the Attorney General of the Federation, attaching a draft charge against Lawan.I the letter to the AGF ,Mohammed Adoke, Keyamo said “My name is Festus Keyamo. I am a Nigerian citizen, legal practitioner, senior member of the Nigerian Bar, private prosecutor, social crusader and critic.
“Last week, I gave a seven-day ultimatum to the Police to commence prosecution of one Farouk Lawan, a member of the House of Representatives and his accomplice, one Boniface Emenalo, for agreeing to and actually accepting gratification from one Femi Otedola in order to doctor the report of the House ad-hoc Committee on fuel subsidy. From reports I read in the media after issuing my ultimatum, the Police have passed the buck over to your office for the inaction so far, claiming it has finished the investigation and that your office has just refused to file charges for reasons unknown to the public.
“It is for the above reasons I have prepared a Charge (attached herewith) for the purpose of private prosecution.
“Therefore, consequent upon Section 342 of the Criminal Procedure Act, Cap.C41, Laws of the Federation of Nigeria, 2004, I forward herewith the following proof of evidence and documents to you:
“The Criminal Charge against Farouk Lawan and Boniface Emenalo.
“The proof of evidence:(a) A recording of a telephone conversation between Farouk Lawan and Femi Otedola contained in a memory card wherein Farouk Lawan was soliciting or asking for gratification to doctor his report, and appealing to Otedola to keep it secret.(b)The transcript of the said recording.(c)Court processes (including a sworn testimony on oath) in Suit No. FCT/3839/2012: BETWEEN ZENON PET. & GAS LTD. & ANOR. V. LAWAN & ORS, where the graphic detailsof how the accused persons solicited for, and received gratification from Femi Otedola are stated.”
“Needless to say that these are just proofs of evidence and the originals shall only be presented during trial.
“May I kindly request that, by virtue of Section 342 of the Criminal Procedure Act, Cap. C41, Laws of the Federation of Nigeria, 2004, you endorse on the Charge whether, having seen the Charge, you are prepared to prosecute Farouk Lawan and Boniface Emenalo for the counts in the Charge or whether you have declined to prosecute at the public instance the counts in the said Charge.
“The position of the law is that, before I commence private prosecution, you should be given the opportunity to prosecute or to decline to prosecute. This is what I have done by this letter.
“I will expect your reply by the close of official business on Tuesday, January 29, 2013, to enable me determine my next line of action.
“I sincerely hope you will make your decision one way or the other as any indecision on your part will amount to a refusal to act as held by the Supreme Court in the case of CHIEF GANI FAWEHINMI V. COL. HALILU AKILU & ANOR: IN RE: ODUNEYE reported in 1987 (4 NWLR) P. 67.
“In that case, it will be all-clear signal I require to file the Charge.
Read Keyamo’s letter to the AGF and others below:
Wednesday, January 23, 2013.
The Attorney-General of the Federation,
Federal Ministry of Justice,
Central Area,
Abuja.
Dear Sir,
PROSECUTION OF FAROUK LAWAN AND BONIFACE EMENALO FOR CONSPIRACY TO ACCEPT GRATIFICATION, AGREEING TO ACCEPT GRATIFICATION, ACCEPTING GRATIFICATION AND CRIMINAL INTIMIDATION
My name is Festus Keyamo. I am a Nigerian citizen, legal practitioner, senior member of the Nigerian Bar, private prosecutor, social crusader and critic.
Last week, I gave a seven-day ultimatum to the Police to commence prosecution of one Farouk Lawan, a member of the House of Representatives and his accomplice, one Boniface Emenalo, for agreeing to and actually accepting gratification from one Femi Otedola in order to doctor the report of the House ad-hoc Committee on fuel subsidy. From reports I read in the media after issuing my ultimatum, the Police have passed the buck over to your office for the inaction so far, claiming it has finished the investigation and that your office has just refused to file charges for reasons unknown to the public.
It is for the above reasons I have prepared a Charge (attached herewith) for the purpose of private prosecution.
Therefore, consequent upon Section 342 of the Criminal Procedure Act, Cap.C41, Laws of the Federation of Nigeria, 2004, I forward herewith the following proof of evidence and documents to you:
The Criminal Charge against Farouk Lawan and Boniface Emenalo.
The proof of evidence:
A recording of a telephone conversation between Farouk Lawan and Femi Otedola contained in a memory card wherein Farouk Lawan was soliciting or asking for gratification to doctor his report, and appealing to Otedola to keep it secret.
The transcript of the said recording.
Court processes (including a sworn testimony on oath) in Suit No. FCT/3839/2012: BETWEEN ZENON PET. & GAS LTD. & ANOR. V. LAWAN & ORS, where the graphic detailsof how the accused persons solicited for, and received gratification from Femi Otedola are stated.
Needless to say that these are just proofs of evidence and the originals shall only be presented during trial.
May I kindly request that, by virtue of Section 342 of the Criminal Procedure Act, Cap. C41, Laws of the Federation of Nigeria, 2004, you endorse on the Charge whether, having seen the Charge, you are prepared to prosecute Farouk Lawan and Boniface Emenalo for the counts in the Charge or whether you have declined to prosecute at the public instance the counts in the said Charge.
The position of the law is that, before I commence private prosecution, you should be given the opportunity to prosecute or to decline to prosecute. This is what I have done by this letter.
I will expect your reply by the close of official business on Tuesday, January 29, 2013, to enable me determine my next line of action.
I sincerely hope you will make your decision one way or the other as any indecision on your part will amount to a refusal to act as held by the Supreme Court in the case of CHIEF GANI FAWEHINMI V. COL. HALILU AKILU & ANOR: IN RE: ODUNEYE reported in 1987 (4 NWLR) P. 67.
In that case, it will be all-clear signal I require to file the Charge.
May God guide and guard you.
Yours most trusted,
FESTUS KEYAMO, ESQ.
IN THE FEDERAL HIGH COURT
HOLDEN AT ABUJA
CHARGE NO.: ………………………
BETWEEN:
ATTORNEY-GENERAL OF THE FEDERATION……. COMPLAINANT
AND
- HON. FAROUK LAWAN
- BONIFACE EMENALO ..……………. ACCUSED PERSONS
CHARGE
COUNT 1
That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and July 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, conspired to corruptly demand and receive the sum of $3,000,000.00 (Three Million US Dollars) as gratification from Femi Otedola, and thereby committed the offence of Criminal Conspiracy contrary to Section 96 of the Penal Code Act, Laws of FCT and punishable under Section 97 the same Act.
COUNT 2
That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and July 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, corruptly asked for, received and obtained the sum of $620,000.00 (Six Hundred and Twenty Thousand US Dollars) as bribe from Femi Otedola, and thereby committed the offence of gratification by an Official contrary to Section 12(1)(a) of the Corrupt Practices and Other Related Offences Act, Cap C31, LFN 2004 and punishable under the same section.
COUNT 3
That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and July 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, corruptly agreed to receive the sum of $3,000,000.00 (Three Million US Dollars) as gratification from Femi Otedola, and thereby committed the offence of Gratification by an Official contrary to Section 12(1)(b) of the Corrupt Practices and Other Related Offences Act, Cap C31, LFN 2004 and punishable under the same section.
COUNT 4
That you, Honourable Farouk Lawan and Boniface Emenalo, sometime between January and June 2012 in the Federal Capital Territory, Abuja, within the jurisdiction of Federal High Court, threatened one Femi Otedola with injury to his reputation and his companies, with intent to cause alarm to Femi Otedola and to cause Femi Otedola to give you a gratification of $3,000,000.00 (Three Million US Dollars) in order to avoid the said injury, and thereby committed the offence of Criminal Intimidation contrary to Section 396 of the Penal Code Act, Laws of FCT and punishable under Section 387 of the same Act
Dated this…………………….day of………………………………………2013
FESTUS KEYAMO, ESQ.
(PRIVATE PROSECUTOR)
FESTUS KEYAMO CHAMBERS,
13, NOUAKCHOTT STREET,
NEAR KEYSTONE BANK,
WUSE ZONE 1,
ABUJA.
IN THE FEDERAL HIGH COURT
HOLDEN AT ABUJA
CHARGE NO.: ………………………
BETWEEN:
ATTORNEY-GENERAL OF THE FEDERATION……. COMPLAINANT
AND
- HON. FAROUK LAWAN
- BONIFACE EMENALO ..……………. ACCUSED PERSONS
PROOF OF EVIDENCE
(a) A recording of a telephone conversation between Farouk Lawan and Femi Otedola contained in a memory card wherein Farouk Lawan was soliciting or asking for gratification to doctor his report, and appealing to Otedola to keep it secret.
(b) The transcript of the said recording.
(c) Court processes (including a sworn testimony on oath) in Suit No. FCT/3839/2012: BETWEEN ZENON PET. & GAS LTD. & ANOR. V. LAWAN & ORS, where the graphic details of how the accused persons solicited for, and received gratification from Femi Otedola are stated.
(d) Proceedings of the House of Representatives when Zenon was delisted from the list of indicted companies in the fuel subsidy probe to be produced by subpoena.
Dated this…………………….day of………………………………………2013
FESTUS KEYAMO, ESQ.
(PRIVATE PROSECUTOR)
FESTUS KEYAMO CHAMBERS,
13, NOUAKCHOTT STREET,
NEAR KEYSTONE BANK,
WUSE ZONE 1,ABUJA.
IN THE FEDERAL HIGH COURT
HOLDEN AT ABUJA
CHARGE NO.: ………………………
BETWEEN:
ATTORNEY-GENERAL OF THE FEDERATION……. COMPLAINANT
AND
1. HON. FAROUK LAWAN
2. BONIFACE EMENALO ..……………. ACCUSED PERSONS
LIST OF WITNESSES
- Femi Otedola
- Officers of State Security Services
- Officers of Nigerian Police Force
- Officials of Zenon Petroleum & Gas Ltd
- Clerk, House of Representatives
Dated this…………………….day of………………………………………2013
FESTUS KEYAMO, ESQ.
(PRIVATE PROSECUTOR)
FESTUS KEYAMO CHAMBERS,
13, NOUAKCHOTT STREET,
NEAR KEYSTONE BANK,
WUSE ZONE 1,
ABUJA.
TRANSCRIPT OF PHONE CONVERSATION BETWEEN FAROUK LAWAN& FEMI OTEDOLA OVER THE ALLEGED $620,000 BRIBE (JULY 2ND 2012)
Otedola: How are you sir? I don’t want to bring it to my house
Lawan: Oh, you would take it to your house
Otedola: No I don’t want to bring it to my house; it is a lot of money
Lawan: err… so where? Because I’m rushing to the… they are at the airport now?
Otedola: Yes they are in the airport in the aircraft
Lawan: Well I can’t come over now and before they can come over now unless I send somebody to but I can’t because…by the time they come I should be…I have a lot of things to do myself
Otedola: Is there anybody you think I can give it to or maybe I should just postpone my trip to China till tomorrow?
Lawan: No, no it’s ok…I’ll arrange it with someone…let me give you his number 080
Otedola: hold on hold on
Lawan: 08036513355
Otedola: (Repeats number after him) What’s the name?
Lawan: TJ
Otedola: Sorry?
Lawan: aaarrh… TJ
Otedola: Ateezay?
Lawan: TJ!
Otedola: Teezay?
Lawan: No, Tj
Otedola: OK. So I will give him the balance; that is erm… 2.5 million dollars, yea?
Lawan: that’s right. Hold on. I’m calling him to be sure his phone is on…..
(PART 2)
Lawan: it wasn’t like my brother talking. That’s one. Secondly, please this thing that we are doing, keep it to yourself otherwise you will make it difficult for us …
Otedola: Ok, ok. I am na
Lawan: Because somebody called me now and said that we said we are going to address it.
Otedola: address what?
Lawan: Yea. Because if it is already out that we are going to do something, when we do it, people will think that we are doing it because we have been compromised. And you know that is something that errrrr… And if my colleagues get to hear about it, I wouldn’t be able to convince them. So keep it to yourself.
Otedola: ok
Lawan: Let it not be like anybody is aware of what is happening. If anybody ask you, simply explain that this thing, you know from your records. You have all records and you have made a case to the committee. You have sent your documents to the committee
Otedola: Yea, Yea
Lawan: Yea. It’s left for the committee… it’s left for the committee to decide what to do. Please keep it that way.
Otedola: Yea. God bless you. God bless you
Lawan: Yea. Because the moment it gets out now we are going to correct it. Then it means we have already Haaa… so let it be …
Otedola: Ok, Ok
Lawan: I want to spring a surprise on the floor and only that is the only credible way I can do this. So please, please.
Otedola: God bless you. God bless you my brother. I have been crying. Anytime I hear your voice
Lawan: Yes. You know your sector is small. Everybody knows… and people are already saying … Somebody just called now and said Femi has gotten his way around you guys and he has already succeeded.
Otedola: That is not true. But let me also tell you one thing ….
Lawan: No, no, no, no. I am saying it because this is what I heard
Otedola: But my brother, let me also tell you one thing. You know me as a person
Lawan: It doesn’t have… I know… I don’t want
Otedola: People just get up
Lawan: I know. That makes it difficult. Just, just whoever… you know… no. I didn’t do this. I’m sure it must have been a mistake from the committee but I have sent a letter to set the record right
Otedola: ok
Lawan: That’s all
Otedola: Ok my brother
Lawan: Yea. Yea
Otedola: Ok. Great, Ok
Lawan: Yea
Otedola: thank you
