TheCable vs Malami: Judge insists on solicitor-general’s appearance

The suit filed by Cable Newspaper Journalism Foundation against the Attorney General of the Federation, Abubakar Malami, in relation to the recovery of Abacha loot was adjourned on Thursday as the court insisted on the appearance of the Solicitor-General of the Federation.

The CNJF explained in a statement by its Programme Officer, Abiose Adams, that it sued Malami for his failure to honour a Freedom of Information request, regarding the engagement of lawyers for the recovery of $321m Abacha loot from Luxembourg.

Adams said Cable Foundation was seeking to know the circumstances under which Malami engaged and paid $15m in legal fees to Nigerian lawyers for the recovery of the Abacha loot, “even though the Swiss lawyer, who did the recovery, Mr Enrico Monfrini, said he had completed the job and had been paid as far back as 2014 and that there was no need to engage any lawyer to repatriate the loot from Switzerland, where it was domiciled.”

According to him, the case filed by Cable Foundation against Malami has suffered a series of adjournments before the Federal High Court in Abuja because Malami had no legal representation in court.

Adams said at the April 21, 2019 hearing date, Justice Inyang Ekwo adjourned till May 8, saying if no lawyer appeared for Malami, the processes filed by the parties would be deemed adopted and judgment would be delivered.

He, however, said on May 8 when Malami was again not represented by any lawyer, rather than adopt the processes filed by the parties as promised, the judge ordered the appearance of the Solicitor-General of the Federation to defend the AGF and further adjourned till May 9.

At the Thursday, May 9, hearing, instead of the Solicitor-General of the Federation, whom the court summoned, another unnamed counsel appeared for the AGF and told Justice Ekwo that he was ready for the case.

“But the judge insisted that no counsel, other than the Solicitor-General of the Federation in person, would handle defence for the respondent.

“On being reminded that the AGF was already represented and no law made it mandatory for the Solicitor-General to represent the AGF in order for the matter to be heard, Justice Ekwo refused to entertain the applicant’s counsel and angrily rose without adjourning the matter till any date,” Adams said in the statement.