The Attorney-General of the Federation and Minister of Justice, Mr.
Mohammed Adoke, SAN, said, yesterday, that he was not responsible for
the prosecution of those suspected to have murdered Mr. Olaitan
Oyerinde, former Principal Private Secretary to Governor Adams
Oshiomhole of Edo State.
Mr. Adoke’s position, which had
introduced a new twist to the unresolved high- profile murder, in which
Oshiomhole had alleged complicity at the highest level, was contained
in a letter by the minister to the Chairman of the House Committee on
Public Petitions, which re-opened the matter on Wednesday, in Abuja.
Mr.
Adoke aligned with the police on who has the powers to investigate
murder between the police and Department of State Security, DSS, which
came out with conflicting investigation reports on the murder suspects.
The AGF, in the letter, said: “My attention had
been drawn to the representations made by Mr. O.T. Olaitigbe, 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. Olaitigbe 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 DSS, 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. Olaitigbe, as the comments
were at best, a figment of his imagination and very far from the truth.
“Mr.
Olaitigbe was under firm instructions to inform the Committee that:
(a) the Federal Ministry of Justice had examined the powers of DSS 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 DSS, 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.”
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