Farouk Lawan
Lagos lawyer, Festus Keyamo has begun moves to personally prosecute House of Representatives member, Farouk Lawan and one Boniface Emenalo, an ally of Lawan, over bribery allegations by Femi Otedola.
The legislator allegedly accepted a gratification of $620,000 from the businessman during the House ad-hoc Committee probe on Fuel Subsidy, with a promise to give him (Otedola) a clean bill of health in the final report.
Keyamo in a letter to the Attorney-General of the Federation, Mohammed Adoke (SAN), said he gave a seven-day ultimatum to the Police to begin the prosecution, but that they claimed investigation into the matter was over and that Adoke’s office was yet to file charges against the suspects.
He said he was giving Adoke till Tuesday to know the next line of action.
He attached a proof of evidence to the letter, which he made available to The Nation, as well as a recording of a telephone conversation where Lawan was allegedly asking for gratification to doctor his report, and appealing to Otedola to keep it secret.
Keyamo wrote: “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.”
The four-count charge prepared by Keyamo, to be filed at the Federal High Court, Abuja, reads:
“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.
“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, receivedand 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.
“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.
“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.”
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