APPARENTLY embarrassed at the submission by a lawyer in his office, Mr. Thompson Olatigbe, during the public hearing organised by the House of Representatives into the controversies surrounding the murder of Olaitan Oyerinde, the personal aide to Governor Adams Oshiomhole of Edo State, the Attorney-General of the Federation (AGF) and Justice Minister, Mohammed Bello Adoke, Thursday rejected the claim in totality.
While appearing before the House Committee on Public Petitions on Wednesday at Adoke's instance, Olatigbe had claimed that the conflicting investigation reports from the Nigeria Police and the State Security Service (SSS), which threw up different sets of suspects, confused the Ministry of Justice and made it impossible for it to prosecute anyone.
But in a stout rebuttal of Olatigbe's claim, the AGF yesterday forwarded a letter stating that his office was clear on the position of the law and bowed to it with respect to the exclusive rights of states within the federation to handle cases of murder.
In the said letter titled, "Invitation to Investigate Hearing," referenced HAGF/NASS/2013/VOL.1/2, Adoke said that Olatigbe's statement was a figment of his imagination and that he acted contrary to his instruction.
The letter read: "My attention has been drawn to the representations made by Mr. O.T. Olatigbe, Deputy Director, Public Prosecutions of the Federation, on behalf of my office and the Federal Ministry of Justice at the public hearing organised by your Committee on February 27, 2013 on the alleged complicity and improper investigation in the murder of Oyerinde Olaitan, an aide to the Edo State governor.
"It has been widely reported in the electronic and print media that Mr. Olatigbe, while making his presentation to the committee, stated among other things that the Ministry of Justice was confused as a result of the investigation reports it had received from the Nigeria Police Force and the State Security Service (SSS), which appeared to have indicted different sets of suspects for the alleged murder of Oyerinde, and that the ministry could not proceed further with the prosecution of the suspects because of the need to harmonise the two reports.
"I wish to completely disassociate myself from the comments purportedly made on my behalf by Mr. Olatigbe, as the comments were at best a figment of his imagination and very far from the truth. Mr. Olatigbe was under firm instructions to inform the committee that:
• (a) The Federal Ministry of Justice had examined the powers of the State Security Service as provided by Section 3 of the National Security Act, Cap. N.74 LFN, 2004 and the powers of the Nigeria Police Force as provided by Section 4 of the Police Act Cap. P.19 LFN, 2004 and had come to the reasoned conclusion that the power to investigate crimes of the nature under consideration (murder) resides with the Nigeria Police Force while the power to gather intelligence lies with the State Security Service, and
• (b) murder, the offence allegedly committed by the suspects, is exclusively within the jurisdiction of the states in the federation. The Criminal Procedure Act, Cap. C. 38 LFN, 2004 is very clear on this matter. The Federal Ministry of Justice, therefore, has no power to prosecute murder cases as murder is a state offence committed against state law and that the matter was already being handled by appropriate authorities in Edo State.
"In view of the foregoing clear instructions and position, I am shocked, embarrassed and utterly disappointed by the representations allegedly made on my behalf by Mr. Olatigbe. I have accordingly instituted an internal investigation to unravel the mystery, and appropriate measures will be taken to discipline any officer found wanting in this deliberate propagation of falsehood.
"In the meantime, I wish to assure your esteemed members and the general public of the principled stance of my office on this matter, as already elaborated above, and to inform you that my office was never at any material time confused as to the steps to be taken in this matter. I sincerely regret the misrepresentation and the apprehension that it has generated in the minds of honourable members of the committee, as well as the general public.
"Please accept the assurances of my highest regards and consideration."
The Guardian