The suspended Acting Chairman of the Economic and Financial Crimes Commission (EFCC) yesterday said the Judicial Commission of Inquiry on the agency cannot present any interim report yet because he has not entered his defence.
He cautioned against prejudicing the proceedings of the panel.
Magu, who made his position known in a statement in Abuja through his counsel, Mr. Wahab Shittu, said more witnesses will still testify before the panel.
The statement said: “We wish to state with high sense of responsibility that our client is yet to formally present is defence. Proceedings are ongoing and witnesses are still lined up for next week, beginning from Monday. Please, note that a similar story on Interim Report was brought to the attention of the panel and we were advised by the chairman of the panel to ignore the story.
“Our attitude is also to ignore this latest story as falsehood not reflecting the realities on ground. We all know that, in spite of repeated demands, our client has not been served with copies of allegations against him.
“We wish to confirm that the proceedings are still ongoing and my client is yet to present his defence.
“We are therefore, shocked at the suggestion that an interim report has been submitted to President Muhammadu Buhari. We all know that this is a democracy anchored on respect for the rule of law. Central to the rule of law is the element of fair hearing.
“ Section 36(1) of 1999 Constitution (as amended) is explicit on this. It provides;
“In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.”
Magu asked Nigerians and his critics not to prejudge him on the ongoing proceedings.
The statement added: “We urge those bent on prejudicing the proceedings of the panel by planting false stories in the public space to think of the interest of our country and not prejudge our client whose commitment all along is service to the country.
“ The only thing keeping our client going in spite of the desire of mischief makers to pitch him unfairly against the authorities is his conviction of his innocence.
“Please no one is entitled to condemn our innocent client before he is heard or before he is afforded the opportunity of defending himself on the merits.”
The statement said: “The instrument embodying the Terms of Reference was not served on my client until August 8, 2020 (35 days after proceedings has commenced).
“That the Honourable Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), whose memo triggered the proceedings, is yet to be summoned to testify to support the allegations against our client. He who “asserts must prove”.
“That our client was excluded from the initial stages of the proceedings with several witnesses testifying in his absence.
“That counsel to our client was not allowed to cross-examine many of the witnesses who had testified until recently.
“That our client is yet to be granted access to petitions/presentations, case files and exhibits admitted in the proceedings. Please note that we have written to the panel to that effect.
“That our client was accosted on the street and compulsorily requested to appear “immediately” before the panel without opportunity to access documents to adequately prepare his defence.
“That our client was subsequently detained for ten days after appearing before the panel in unpleasant circumstances. This detention is not covered by the Terms of Reference arising from the instrument constituting the judicial commission of inquiry.
“That our client, owing to his suspension from office, is unable to have access to official documents and other information necessary for his defence.”

By Yusuf Alli