At the resumed trial of former dictator, General Ibrahim Babangida, for allegations of embezzlement of oil money during his regime, the Federal Government has disclosed that the Okigbo Commission Report, which human rights lawyer, Mr. Gani Fawehinmi, based his argument upon, has been lost.
Secretary to the Government of the Federation (SGF), Chief Ufot Ekaette told a Federal High Court in Lagos that the report on the Central Bank of Nigeria (CBN) of 1994 otherwise called Pius Okigbo panel report is missing.
Gani Fawehinmi (SAN) had instituted a suit against Badamosi Babangida and top functionaries of his administration over the Gulf War Oil wind fall, much of which was alleged to have been stolen.
The matter which was instituted in 1992 is yet to make any headway as government functionaries have consistently refused to appear in court to explain how the money was allegedly squandered by the Babangida’s regime.
As a result of their alleged refusal to come to court to give evidence, Fawehinmi sought and obtained a subpoena against Ekaette compelling him to appear in court.
But he has sought that the subpoena be set aside on the grounds that he was not served personally as required by law.
Ekaette described the issuance of the subpoena on him as an abuse of court process.
The CBN report otherwise known as the Pius Okigbo report, according to Ekaette, could not be located anywhere in the presidency or office of Secretary to Government of the Federation.
"Though the report was submitted to the late Head of State, General Sani Abacha, all efforts have been made on the assumption of this administration to locate the report in the presidency.
"This fact had been mentioned by the Secretary to the Government of the Federation in several public fora and even by the President himself on several occasions.
"To the best of my knowledge, the Pius Okigbo panel investigation report was only submitted to the Head of State, but was never considered or accepted by government, hence no white paper was issued in relation to it."
Trial was scheduled to begin yesterday with Ekaette going into the witness box to testify.
Fawehinmi’s lawyer Adindu Ugwuzor said he was only served a copy of the motion filed by Ekaette on Wednesday and need 48 hours to respond to it as required by law.
He said he intends to file a copious affidavit to that filed by Ekaette. Ekaette was represented in court by Mr. Charles Ateboh.
Justice Daniel Abutu thereafter adjourned the matter till March 5 for hearing.