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The Economic and Financial Crimes
Commission, EFCC, on Wednesday 6
May,2009 arraigned Mallam Nasir Ahmed
El- Rufai, the erstwhile Minister of the
Federal Capital Territory, alongside
Altine Jubrin, former Director General,
Abuja Geographic Information (AGIS) and
Ismaila Iro, former General Manager of
AGIS on an eight (8) count charge of
criminal conspiracy and abuse of office
before Justice Shuaibu Bello at the
Federal High Court, Maitama, Abuja.
One of the charges read: That you Mallam
Nasir Ahmed El-Rufai (M), Altine Jubrin
(F) and Ismaila Iro (M) between 13th
December ,2003 ,and 14th day
of December 2007 or thereabout at theat
the Ministry of Federal Capital
Territory,Abuja and in the performance
of your official duties as Public
Officers, being the Minister of the
Federal Capital Territory ,Abuja, the
Director- General ,Abuja Geographic
Information System (AGIS) respectively
did engage in criminal conspiracy to
commit an offence to wit: using your
office (s) and position (s) to gratify
and or confer corrupt or unfair
advantage upon one another as such
Public officers,by irregulular
revocation and reallocation to each
other of the parcel of land originally
belonging to Power Holding Company of
Nigeria Plc,thereby committing an
offence contrary to Section 26 (1) 9c0
and punishable under Section 19 of the
Corrupt Practices and Other Related
Offence Act,2000.
When the case came up for the accused to
take their plea, Counsel to EFCC, A. o
Adelodun (SAN) moved for a motion for
adjournment stating that the first and
second accused persons, Mallam Nasir El-
Rufai and Altine Jubrin had not been
served their summons. He revealed that
all efforts to contact them proved
abortive. Adelodun therefore sought the
permission of the court to serve their
counsels the orders since they were all
in the court. “My Lord if the court
permits, I will suggest that since all
the representatives of the accused
persons are here, it clearly indicates
that they are all aware of the case.
Therefore we may be able to serve them
the charges.”
However, counsel to Nasir Ahmed El Rufai
A. U Mustapha who stood in for Charles
Musa, agreed that although the charge
had not been served on his client, he
could not receive the order on his
client’s behalf without a permission to
do so adding that he has already filed a
suit dated 4th May, 2009
regarding the serving of the court
charges. “Yes we have not been served.
The position of the law is very clear as
to how a charge should be served. It
stated that all the accused persons
should be served personally. We have
filed an application dated 4th
May,2009 that for service to be proper,
it has to be personal. I don’t have any
instruction or mandate to accept service
on behalf of my client”, he submitted.
Also reacting, counsel to the second
accused person, Mike Ozekhome said he
would also not collect the charge as the
procedure for proper service of charges
has to be strictly adhered to. Quoting
the provision of the Criminal Procedure
Act Section 88 to 95 , he said that none
of the sections made allowance for
counsel to accept service on behalf of
client.
Justice Bello adjourned the case to June
11, 2009 directing that the accused be
served with their summons.
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