Odili’s House Raid: NBA asks Buhari to set up panel to probe Malami, others

The Nigerian Bar Association (NBA) has called on President Muhammadu Buhari to set up an independent panel of inquiry to investigate the recent invasion of the Abuja residence of a Justice of the Supreme Court, Mary Odili, by security agencies.

Addressing journalists at a press conference in Ikoyi, Lagos, on Friday, NBA president, Olumide Akpata, described the raid as an assault on the judiciary, calling for the setting up of the panel to unravel who authorised it.

Punch Newspapers reported that Mr Akpata said the NBA rejected the panel of investigation which the Attorney-General of the Federation, Abubakar Malami, promised to put in place, because “he cannot subject himself to a panel that he set up.”

He noted that Mr Malami had reportedly agreed to appear for investigation, a development he said: “is consistent with the position of the National Executive Council of the NBA, to the effect that the Attorney General definitely has questions to answer.”

“This is why the panel to be set up by the President is very necessary,” Mr Akpata noted.

He added, “We are calling on the President, the head of the executive government arm of government, to set up an independent panel of inquiry, to look into this assault on the judiciary, which is another arm of government because there is a dark cloud hanging and all fingers are pointing at the executive as being behind this action.

“It behooves Mr President to step in immediately, to set up this panel of inquiry, which, at the minimum, will have a judicial officer and the NBA involved so that we can get to the bottom of this issue and ask: who gave that instruction?”

The raid

Security operatives including the police, late evening of October 29, invaded Mrs Odili’s home on Imo Street, Maitama, in a bid to execute a search warrant obtained from a Magistrate’s Court in Wuse Zone 6.

The operation, which brought back to mind the invasion of the homes of some judicial officers including two Justices of the Supreme Court, and judges of the Federal High Court in Abuja and other parts of the country in 2016, was widely condemned.

In a flurry of denials, Mr Malami, the Inspector-General of Police, Usman Baba, as well as the Economic and Financial Crimes Commission (EFCC) and the State Security Services (SSS), distanced themselves from the raid.

Mr Malami, in his denial statement, announced his office’s plan to investigate the incident, as he described court filings leading to the raid as having traces of criminality.

‘Doubtful denials’

But earlier on Thursday, Mr Akpata described the denials of involvement in the raid by relevant government agencies and their heads, including the AGF, as unsatisfactory, vowing that the NBA would leave no stone unturned to “unmask” and bring those behind “the attack” to justice.

He further expressed doubts about the denials on Friday, the News Agency of Nigeria (NAN) reports.

“The NBA is disturbed by the raid on the home of the number two judicial officer in Nigeria, as well as the denials as to who authorised the raid.

“If there is a denial as to who authorised the raid, the question then is: Who authorised the raid?

“The attack on the home of Honourable Justice Odili is an attack on the constitution and the rule of law since judicial officers have the protection of the law.

“It is simply an attempt to intimidate the judiciary; this is the main reason the NBA is involved,” he said.

‘If Malami is found culpable …’

Should Mr Malami be found culpable, Mr Akpata said the NBA would “take him before the Legal Practitioners Disciplinary Committee and the Legal Practitioners Privileges Committee”.

If he is found to have given the directives that led to the invasion of the home of the Justice of the Supreme Court, Mr Akpata said, “then he is not fit to hold the office he occupies presently and continue to be the recipient of the privileges the profession has accorded to him.”

Asked by journalists if the NBA had the power to discipline the AGF, Mr Akpata said the association could take him before the Legal Practitioners’ Disciplinary Committee (LPDC), which can disbar him, the Legal Practitioners’ Privileges Committee (LPPC), which “can strip him of the rank of Senior Advocate of Nigeria” and also the Body of Benchers, which “can reconsider his life membership of that body.”

“So, without mincing words, those are the steps that the NBA can take,” Mr Akpata said.

NBA’s special investigation team

In addition to the envisaged presidential panel of inquiry, Mr Akpata also announced the setting up of a team of special investigators to lead NBA’s probe into the October 29 incident at the home of Mrs Odili, who is the second most senior Justice of the Supreme Court.

According to the News Agency of Nigeria (NAN), the NBA’s special team is to be led by a former 2nd vice-president of the association, Monday Ubani.

READ ALSO: NBA condemns invasion of Supreme Court judge, Mary Odili’s home

According to Mr Akpata, Mr Ubani is to work closely with Charles Makunye, who chairs the Public Interest Committee of the NBA to execute the task.

Mr Akpata also said the roles of the Abuja magistrate, Emmanuel Iyanna, who issued the controversial search warrant, would be investigated.

He noted that there was prima facie evidence showing that Mr Iyanna ought to not to have issued the search warrant.

The magistrate reportedly revoked the search warrant later that day, claiming to have been misled to issue it.

“Questions must be asked of the quality and sufficiency of the materials placed before His Worship before issuing the search warrant in the first place.

“The NBA National Executive Council believes that even on a cursory reading of the materials placed before His Worship, there is a prima facie evidence that the search warrant ought not to have been issued in the circumstance,” Mr Akpata said.

He also said lawyers that might be found to have played unsavoury roles in the matter would also be disciplined.