It will be recalled that the President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata had, in the wake of the invasion of the home of Hon. Justice Mary Odili, Justice of the Supreme Court of Nigeria, by persons suspected to be security operatives on Friday, October 29, 2021, appointed Mr. Monday Onyekachi Ubani, currently Chairman of the NBA’s Section on Public Interest and Development Law (SPIDEL) to investigate the circumstances behind the attack and determine who was responsible in order to bring them to justice as well as make recommendations to prevent a recurrence.
The attack on the Justice’s home, which occurred just as the NBA was rounding off its Annual General Conference in Port Harcourt, Rivers State, was alleged to have been an operation by security operatives from the Nigerian Army, the Economic and Financial Crimes Commission (EFCC), Department of State Services (DSS), and the Nigerian Police, among others. had invaded the Abuja home of Hon. Justice Mary Odili.
Amidst the nationwide outrage occasioned by the incident – which called up unpleasant memories of similar incidents in 2016 at the homes of several judges including two Supreme Court Justices, for which, it must be noted, no investigation was carried out till date – the Association set out to get to the bottom of the latest occurrence.
This action was based on the NBA’s conviction that the judicial arm of government is an important arm, especially for the jurisprudential development of the nation’s legal system, and therefore, under no circumstance should the Judiciary be permitted to be subjected to intimidation or harassment in the course of performing its constitutional duties.
Ubani’s mandate was a chequered one indeed – it was punctuated by notable successes as well setbacks. In the course of his work, the Special Investigator interacted with a number of the dramatis personae involved in the incident, namely, the Chief Justice of Nigeria; the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN; the victim, Hon. Justice Mary Peter-Odili, JSC; the Chief Judge of the High Court of FCT; and the Chief Magistrate who had issued the search warrant that set the invasion in motion, in the person of His Honour Emmanuel Iyanna. Though unable to assess the suspects as they were already in custody, Ubani was able to obtain their extra-judicial statements which gave significant insights into their roles in the matter.
Having reviewed all the oral and documentary evidence relating to the matter, the Special Investigator came to the conclusion that the invasion was driven by greed and the quest for financial gain on the part of its ring-leaders.
While commending Iyanna, the aforementioned Chief Magistrate for his diligence in seeking requisite documentation prior to endorsing the warrant, Ubani criticised his momentary lapse of vigilance, which, he said, led to his inability to identify manifest discrepancies in the information provided by the invaders. On the contrary, the Report said, the sagacity displayed by Hon. Justice Njideka Nwosu-Iheme and Hon. Justice Peter-Odili’s Chief Security Officer effectively thwarted the invasion.
The Report, therefore recommended thus:
– That substantive and procedural laws with elaborate processes and procedures for the issuance of search warrants, arrest warrants, detention orders, extension of detention orders among others be enacted for the States and the Federal Government to obviate a repeat of the Odili incident.
– That the independence of the Judiciary must be sustained through administrative, operational and financial autonomy.
– That Government entities that harbour criminal gangs must be brought to justice.
– That the NBA, on its part, must continue to press for obedience to court orders and respect for the rule of law until all arms of government adopt these as core values.
It is on record that the Chief Justice of Nigeria had while speaking at an event to mark the 2021/2022 Legal Year, described the invasion as embarrassing, adding that
“no one, irrespective of his or her status or position in the country, should test our will because the consequences of such unwarranted provocation will be too dire to bear.” The Chief Justice of Nigeria concluded that “We are making efforts now to ensure that henceforth, every search or arrest warrant must be issued with the knowledge and approval of the Chief Judge of the respective States or Federal High Court as the case may be.”
The Special Report noted that the Nigerian Police had arrested several persons including lawyers, security agents, a journalist and other professionals who allegedly carried out the invasion. They were arraigned on December 15, 2021, and all pleaded “Not Guilty” to the charges preferred against them. The first hearing on the matter was held on the the January 17, 2022 when the first prosecution witness gave evidence and was cross-examined. The matter was adjourned to 1st March, 2022 and further adjourned to 8th April, 2022 as the court did not sit on 1st March, 2022.
The rest of the Report dwelt at length on the judicial process that was used to activate the entire invasion. As earlier mentioned, the Search Warrant that purportedly set the invasion in motion was issued and signed by His Honour, Emmanuel Iyanna of Wuse Zone 6 Magisterial Division, Federal Capital Territory, Abuja. Having applied and secured all the certified court documents that were used to activate the invasion, the Special Investigator was apprised of the fact that the process leading to the invasion was activated by the deposition of a purported whistle-blower, one Mr. Aliyu Umar Ibrahim, of No. 9, Maigoro Street, Niger State – an address which, the Report said, should have raised a red flag for any meticulous individual dealing with this issue for the following reasons: First, this Aliyu Umar does not reside in Abuja and so could not sufficiently make any claim in respect of a matter that is alleged to be happening in Abuja. Secondly, his address on record is vague, with no specific description of where he is residing in Niger State. This, the Report asserted, should have further put any person acting on his averment on enquiry. Equally noteworthy, the Report added, was the fact that in the second paragraph of his affidavit, instead of maintaining the names ‘Aliyu Umar Ibrahim” which was his stated name as the Deponent, this individual curiously changed his name to ‘Danjuma Ibrahim‘ – a situation which gives the impression of two persons swearing to the same affidavit. This again should have put anyone on alert. Even more bizarre, according the Report, is the content of the said affidavit, as reproduced below:
“I, Danjuma Ibrahim have observed some illegal
activities to be (sic) going on in some houses within Abuja and it’s (sic) environs.
“I am sure and convince (sic) that the kind of activities going on in those houses within Abuja are illegal and hereby report the said matter to the law enforcement agency.
“I hereby state that all information provided by me
to the Economic and Financial Crime Commission
(EFCC) are true and correct to the best of my knowledge”.
The Report noted two contentious issues about the content of this affidavit, as follows: First the assertion that
“illegal activities going on in some houses within Abuja and its environs” and the information provided “by me to the Economic and Financial Crime Commission (EFCC) are true and correct to the best of my knowledge”.
Such an assertion of illegal activities going on in some houses without mentioning the said houses or addresses, the Report said, should raise a red flag to a discerning mind and be subjected to further scrutiny,
Secondly, it was obvious to the Special Investigator that the alleged whistle-blower’s disclosure was made to the EFCC and not to any other security agency or Ministry – the flip side being that the affidavit was a ‘standard form’ affidavit that had been used for many other operations in the past by a syndicate purporting to be officials of the Federal Ministry of Justice or Economic and Financial Crimes Commission (EFCC).
Mr. Ibrahim’s affidavit was sworn on October 13, 2021. On the 28th of that month, CSP Lawrence Ajodo with alleged Force AP No: 201192 swore to another affidavit wherein, he stated that he was attached to the Joint Panel Recovery at the Federal Ministry of Justice. Mr. Ajodo swore that based on the strength of the affidavit evidence of the aforementioned Mr. Aliyu Umar Ibrahim, he was seeking a Search Warrant to enable him and other operatives under his command to carry out an investigation at No. 9 Imo Street, Maitama, FCT, Abuja. He supported his affidavit with an Application Letter dated the 28th of October, 2021 which he signed as O/C Assets Recovery Investigation Team. The letterhead had an email address as agfassetsrecovery@gmail.com.
He also attached a photocopy of his purported Identity Card with his picture and an inscription of Police for Assets Recovery, his rank as CSP, his position as o/c Investigation, and ID Card Number as 001. The ID card was “signed” by Abubakar Malami, SAN, the Hon. Attorney-General of the Federation with his phone number given as 08035667676 – which the Special Investigator confirmed as belonging to the AG when he dialled the phone number and Mr. Malami’s name appeared on the True Caller.
Like the alleged whistle-blower, Mr. Ajodo’s house address was also vague; he claimed to live at Jahi, FCT, Abuja, but gave no street name or house number.
The Search Warrant (Form 9) which was duly filled for signature by the Chief Magistrate was titled “Between Joint Panel Recovery, Ministry of Justice and House 9, Imo Close, Maitama, Abuja.” The complaint was in respect of “Illegal activities suspected to prone (sic) to crime at No. 9 Imo Street, Maitama, Abuja”.
According to the Special Investigator, the same pattern of vagueness and inconsistencies that characterized the affidavits were also found in the search warrant. The search warrant was sought to be executed on No. 9, Imo Street, Maitama, Abuja, but the heading of the Search Warrant read No. 9 Imo “Close,” Maitama, Abuja – disregarding the fact that there was It is obvious that there is a marked difference between No. 9 Imo “Street,” Maitama, Abuja and No. 9, Imo “Close,” Maitama, Abuja. Again, the allegation of “illegal activities suspected to prone (sic) to crime” was too vaguecto give any clear picture of what criminal activities were alleged to be taking place at the said address.
The Report noted that the Chief Magistrate, Mr. Emmanuel Iyanna was confronted with these inconsistencies, to which he replied that after CSP Ajodo left his office with the signed Search Warrant, he took a closer look at the copies of the application CSP Ajodo presented before him and noticed that the words “Street” and “Close” were used interchangeably in the Application, Affidavit and the Search Warrant itself. Knowing the importance of specificity and exactitude of address in the issuance and execution of a search warrant, Iyanna said, he instructed the Registrar of the Court to immediately summoned CSP Lawrence Ajodo in order to draw his attention to the discrepancy and clarify the use of “Street” and “Close”. However CSP Ajodo never honoured the call, in spite of his promises to do so – upon which Chief Magistrate Iyanna said he revoked the Search Warrant, and communicated his action to CSP Ajodo that same day .
Asked if the revocation order was made before or after the invasion, His Honour stated that it was before the invasion, and that the invasion was done on a revoked search warrant that was illegally obtained by CSP Ajodo. On the quality and sufficiency of evidence placed before him that warranted him to sign the Search Warrant, The Chief Magistrate y cited the provisions of Sections 143 and 144 of the Administration of Criminal Justice Act, 2015 which empower him, upon being satisfied by information on oath before him, to issue a search warrant authorising law officers to search a building, ship, carriage, receptacle, motor vehicle, aircraft or place. When asked whether he was really satisfied before signing the search warrant, and based upon the affidavit evidence that contained irregularities and inconsistencies, he stated that he was initially satisfied, since CSP Ajodo identified himself as an officer of the Nigerian Police Force attached to the Joint Panel Recovery under the Federal Ministry of Justice. When asked why he did not seek to know the name of the occupant of the said address, he answered that he actually demanded for the name of the occupants of the address, but that CSP Lawrence Ajodo and the whistle-blower orally swore before him and in the presence of his Registrar that the premises sought to be searched was an uncompleted building used by unknown persons suspected to be carrying out some illegal activities. He had no reason to believe, he told the Special Investigator, that CSP Ajodo and the whistle-blower could lie under oath in respect of the actual address and their real motive for the search warrant. He admitted to being misled on oath as to the true intention of CSP Lawrence Ajodo concerning the real address they intended to execute the search warrant for the alleged illegal activities.
All in all, a case of gullibility and negligence on the part of His Honour, which, according to Ubani, could however be excused due to the fact that the Search Warrant that contained the address of No. 9 Imo Close, Maitama, Abuja was sought to be executed on No. 7 Imo Street, Maitama, Abuja, as well as the fact that when the Chief Magistrate’s eyes were opened to the nefarious intent of the invader s, they refused to honour his invitation to clarify the issue of conflicting addresses. They proceeded to carry out their intended action even when the search warrant had been revoked. The revocation on record was done the same day, signifying promptness in addressing the grave error His Honour committed in signing a search warrant with vague details.
In view of the foregoing, the Special Report recommended as follows:
1. That the Chief Magistrate should be cautioned to be more circumspect whenever signing processes that may be subjected to abuse, in view of the red flags and inconsistencies inherent in the affidavit.
2. That he is, however, is exonerated of any serious misconduct as he took extra measures to correct his initial error.
3. It is noteworthy that the victim, Hon. Justice Mary Odili also made a case specifically for the Chief Magistrate when she interfaced with me and other members of the team. She was of the view that Chief Magistrate Emmanuel Iyanna took extra measures in demanding proper documentations, moreso as many of such orders obtained in the magistracy are often obtained without proper documentation. His Lordship was impressed at the steps the Chief Magistrate took to keep proper documentation of what he needed and signed, contrary to widespread practice of poor documentation of such processes.
The Report, therefore, recommended that the Chief Magistrate be reprimanded and recalled to his duty post, with a warning that he must to be more circumspect in the future to avoid situations like the one he found himself.
The crux of the Soecial Investigator’s interaction with the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN whose Ministry was alleged to have authorised the invasion, was as follows:
The widespread notion – that he (Malami) authorised this invasion of Justice Odili’s home – becomes compelling when seen against the backdrop of his admission that he had authorized the invasion of judges’ homes in 2016. It was, in the minds of many Nigerians, a case of deja vu. But it a notion the Minister was anxious to debunk this time, stating, among other things, that the workings of his ministry and its association with other governmental agencies put a lie to the above notion. He therefore disassociated the Ministry from any alleged Ghost Account, Local Whistle-blower, Joint Panel Recovery Unit or whatever name the perpetrators may have called themselves. He also denied signing the ID card of CSP Ajodo, stating that the Identity cards of those who work in the Ministry of Justice are signed by the Director of Human Resources or his delegate and not by him. He denied knowing Lawrence Ajodo or having any private or official dealings with him.
More surprises awaited the Special Investigator upon reading CSP Ajodo’s extra-judicial statement. One was his assertion that he was NOT a police officer! In the column for his occupation, he inserted “business man” – but then explaining that he was trained as a police officer and rose to the rank of Chief Superintendent of Police, CSP, though without saying where he worked and how he was promoted to the said rank. Finally, though, that admitted he was not a serving policeman and that his alleged rank was concocted. On the invasion, he told of having applied and being employed in October of 2020 by the Ministry of Justice as a Recovery Agent – upon which he was given an ID signed by Malami, SAN. He however did not show any Letter of Employment from the said Ministry. He said it was while working in this capacity that one “Godwin” called him and linked him to the alleged whistle-blower, Umar Ibrahim, who then informed him of criminal activities going on at No. 9 Imo Street in Maitama, FCT, Abuja. He and his collaborarors, he said, then sought the necessary court documents in order to proceed against the perpetrators of the alleged activities.
Having failed in their mission, Ajodo was declared wanted and subsequently arrested by the Nigerian Police at a hotel in Mabushi, Abuja. In his possession were several documents such as “Operational Report, Federal Government and Joint Taskforce Operations” dated the 28th of October, 2021. The documents contained names like Barrister Amadi of the Ministry of Justice; Mr. Johnson, a representative of the Office of the Ministry of Finance; Mr. Michael of the Office of the Accountant-General, one Barrister (no designation) and then himself as O/C, Assets Recovery, Investigation/Security. Ajobo insisted that he had meetings with the AG both in his house in Gwarimpa and his office at the Ministry of Justice where he was referred to one Madam Juliet in the Ministry who attended to him and his team.
He alleged that some persons outside the Ministry funded the acquisition of some of the facilities – such as laptops, printers abd stationery, etc. – for their operational activities, and that the above named lawyers implicated in the saga assisted him in facilitating the Search Warrant with which they carried out their invasion of the Odili residence. He also admitted that he used the appellation of CSP to make people believe that he was a senior police officer – whereas he was no police officer at all. Among the implicating documents found on Ajodo were letters from several lawyers with attachments that contained letters from EFCC and documents involving many banks, notably Zenith Bank, UBA, GTbank, FCMB and First Bank. He got unverified information that large sums of money were at No. 9 Imo Street, Maitama, Abuja. To make the story palatable, they informed him that the whistle-blower had gotten an affidavit backed by the EFCC, sworn to at the High Court of FCT, Abuja. Upon being introduced to Umar Ibrahim, Ajodo took on the role of enforcer, hitman and kingpin. Because the syndicate of which he was the kingpin needed lawyers to facilitate the processing of the Search Warrant, Barrister Alex Onyekuru. was engaged – although according. The actual processing of the Search Warrant, according to the Special Investigator, was get another make of the ridiculous involving Barristers Onyekuru and Igwe.
Inspite of AG Malami’s denial of personal knowledge of CSP Ajodo, the Special Investigator found as follows:
1. Lawrence Ajodo, as well as his illegal activities, are certainly known within the Federal Ministry of Justice and to some EFCC operatives – though there is NO OFFICIAL OR DOCUMENTARY EVIDENCE linking him with those two agencies – for which reason it will be difficult to link him officially with either body.
2. The above conclusion is buttressed by the fact that Ajodo hinself was unable to show where his unit or office is domiciled in the Federal Ministry of Justice – which is strange for someone who claimed to be holding the “sensitive” position of O/C Assets Recovery Unit in the Federal Ministry of Justice.
3. Further buttressing the first point above was the absence of a Letter of employment from any of those agencies Ajodo claims affiliation with. His feeble attempt to use an Identity card to establish his relationship fell short of believability. His Identity Card was not signed by the appropriate person within the Ministry. The Special Investigator also confirmed that the AG does not sign the ID cards – and there was a of workers in the Ministry – and then there was a marked difference between the known signature of Mr. Abubakar Malami, SAN and the one on the ID of Ajodo. Upon having this discrepancy exposed, Ajodo later confessed that his ID card and those of his collaborators were produced in a business centre, and totally unbeknownst to the AG!
4. In a widely televised interview, Ajodo stated that though he has been working for the Ministry over undisclosed cases, the invasion of Hon. Justice Odili’s home was not directed by Mr. Abubakar Malami SAN or any of his subordinates. Same goes for the EFCC.
The Special Investigator also concluded that perhaps some persons in the Federal Ministry of Justice may have benefited directly or indirectly from the illegal activities of this syndicate, and so officials of the ministry cannot completely deny knowledge of the syndicate Or its members. What is however clear, in his view, is the lack of documentary linking the syndicate directly with the ministry as a entity.
The two lawyers mentioned in the incident, namely, Messrs Alex Onyekuru and Ernest Igwe , were charged for conspiracy, forgery, criminal trespass, criminal intimidation, insult, annoying persons in possession of the property they invaded, among other offences. However, since the matter was subjudice, the Special Reports awaits the pronouncement of the court as to their guilt or otherwise. The Reports however recommends that the Nigerian Bar Association take disciplinary steps against any lawyer who may be found culpable over the invasion – even while calling forva fair trial for the two accused.
In conclusion – after dwelling at length on the bizarre sequence of events that preceded the invasion of Justice Odili’s home – the Special Reports contained the following recommendations:
1. Substantive and procedural laws with elaborate processes and procedures for the issuance of search warrants, arrest warrants, detention orders, extension of detention orders among others should be enacted for the States and the Federal Government by the Legislature.
2. The independence of the Judiciary should not be a matter for negotiation. It is either we have independent judiciary or we choose not to have it. The advantages of an independent judiciary cannot be over-emphasised.
3. The independence of the Judiciary should not only be on paper but should be practicalised. The administrative, operational and financial autonomy of the Judiciary should be total and exhaustive. The Federal and State governments should not be allowed to pay lip service to the independence of the Judiciary.
4. Government Agencies or Security Agencies that tolerate or harbour criminal gangs, touts or law-breakers in and around their offices should be made to answer to their illegal activities by being summoned by the various committees that superintend over them in the Legislature.
5. Ensuring obedience to Court Orders and respect for the rule of law should remain the eternal pursuit of NBA and other professional bodies until these become abiding principles by every government in Nigeria
6. The Special Investigator will hold watching brief on behalf of NBA over the invasion matter which has commenced at the Federal High Court, Abuja. The next adjourned date is 8th April, 2022.
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