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Tag: Abubakar Malami (SAN)

  • $9.6b judgment: Govt draws battle line against P&ID

    NIGERIA will go on the full offensive to fend off the $9.6 billion judgment obtained against the country in Britain by Irish firm, Process and Industrial Development (P&ID).

    The first leg of the action is to file a stay of execution at the court when it resumes from vacation by month end.

    After this, the government will file an appeal. This new position is contrary to an earlier plan to consider entering into another round of negotiation with P&ID.

    Following a legal review, the government is convinced that the provision of the State Immunity Act 1978 (the Act) which bars UK courts from confiscating assets of a foreign state without the consent of that state, gives it a leeway in the matter.

    The decision to go all out was taken on Monday at a meeting chaired by Vice President Yemi Osinbajo at the Presidential Villa in Abuja.

    The more than two-hour session was attended by Finance, Budget and National Planning Minister Zainab Ahmed; Minister of Justice Abubakar Malami (SAN); Minister of Information Lai Mohammed; and Minister of State for Petroleum Timipre Sylva.

    Others are Minister of State for Niger Delta Affairs Festus Keyamo (SAN); Group Managing Director of Nigerian National Petroleum Corporation (NNPC) Mele Kyari; Acting Chairman of the Economic and Financial Crimes Commission (EFCC) Ibrahim Magu; and Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele.

    The Federal Government’s team met with an American lawyer alongside Mr. Bolaji Ayorinde (SAN), who has been central to the handling of the case with P&ID.

    Before the  meeting commenced, Malami met with the Chief of Staff, Mallam Abba Kyari, who took him to the President’s office.

    Although none of those who attended the meeting spoke with journalists after the meeting, The Nation scooped the outcome of the session.

    A source said: “At the meeting, it was concluded that Nigeria must contest the judgment debt vigorously. We will take advantage of all legal options available to us when the court resumes later in September.

    “We have drawn the battle line against P&ID. There are many loopholes in the judgment. We will engage in a fight-to-the finish on this case.

    Read Also: P&ID rejected Fed Govt’s $250m settlement offer

    “The meeting resolved to immediately apply for a stay of execution of the judgment and thereafter, we will go on appeal to quash the $9.6billion award.”

    On the attachment of Nigeria’s assets abroad, the highly-placed source added: “The chances of garnishing our accounts, including foreign reserves,  or seizing our assets, are very remote.

    “P&ID has no legal window of enforcement of the judgment going by the State Immunity Act 1978 (the Act) of the United Kingdom. This is why the Irish company has resorted to blackmail.

    Further findings by The Nation revealed that the Act bars UK courts from attaching assets of a foreign state without the consent of the state.

    In an article, Quinn Emanuel Urquhart & Sullivan LLP (the largest law firm in the world devoted solely to business litigation and arbitration)  said the Act allows a written consent of a foreign state before the enforcement of a judgment which could lead to seizure of assets or freezing of accounts.

    The March 20, 2019 article was titled “Sovereign Immunity in the United Kingdom—Lexology”

    The firm  said in part: “Section 13(2) of the Act provides that:(a) relief shall not be given against a State by way of injunction or order for specific performance or for the recovery of land or other property; and (b) the property of a State shall not be subject to any process for the enforcement of a judgment or arbitration award or, in an action in rem, for its arrest, detention or sale.

    “Pursuant to section 13 of the Act, state assets ‘shall not be subject to any process for the enforcement of a judgment or arbitration award or, in an action in rem, for [their] arrest, detention or sale’ unless the state has provided its written consent (see, for example, Gold Reserve Inc v Venezuela [2016] EWHC 153 (Comm), finding that Venezuela had submitted to arbitration in writing by entering into a bilateral investment treaty (BIT) with Canada) or the assets in question are ‘in use or intended for use for commercial purposes’ (section 13(2)-(4)). These provisions apply in respect to states alone as defined in section 14 of the Act, and do not therefore extend to separate entities (see question 8).

    “See Hazel Fox and Philippa Webb, The Law of State Immunity (Oxford University Press, Oxford 2015), pp. 504-5.

    “This provision is subject to sections 13(3) and 13(4) of the Act. Pursuant to section 13(3), a state may provide written consent to the grant of any relief against it. It follows that a state may consent to the grant of interim or injunctive relief against it; however, the mere submission to the jurisdiction of the UK courts does not constitute such consent.”

    A Presidency source who was part of the closed door meeting  said that the meeting was to receive an update from the Federal Government lawyers over the case, on what next steps needed to be taken.

    “We just invited our lawyers to update us on the matter and what next action needs to be taken,” the source said.

    Another source, who spoke on the condition of anonymity, said: “We were summoned in respect of the judgment.”

    Asked if there would be light at the end of the tunnel, the source said, “Sure! We are attacking it.”

    A former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba, yesterday  urged President Muhammadu Buhari to establish a National Arbitration Policy through the enactment of an Executive Order.

    Agbakoba made the plea in a September 2 letter to the President.

    He said the incident would have been avoided, if the advocacy for a National Arbitration Policy had been embraced by government over 20 years ago.

    In the  letter titled: “Need for an Executive Order on A National Arbitration Policy,” Agbakoba explained that a National Arbitration Policy, if put in place, will ensure that Nigeria’s interests are protected in its commercial relationship with foreign investors.

    The former NBA President said the monumental award secured by a foreign company against Nigeria has “grave and far-reaching implications for the country”, considering that it represents almost 20 per cent of the nation’s foreign reserves, and 25 per cent of  national budget.

    He said a National Arbitration Policy promotes national interest by ensuring that the resolution of disputes between Nigeria and foreign investors in relation to government contracts are determined by institutional arbitration mechanisms, which will have the seat of arbitration in Nigeria as existed at present in some other countries.

    He urged the government to commence an immediate and urgent audit as he claimed to be  aware that there are a significant number of arbitral awards made against Nigeria.

    “Going forward, I suggest that we establish a National Arbitration policy, represented by an enactment of an Executive Order that will commence the process and procedure of creating the policy. This will ensure that Nigeria’s interests are protected in its commercial relationships with foreign investors”, he advised.

     

     

  • Malami: Harvest of controversies, achievements

    The tenure of Abubakar Malami (SAN) as the 22nd Attorney General of the Federation and Minister of Justice, which began on November 12, 2015, ended on May 28. ERIC IKHILAE highlights the activities of the Federal Ministry of Justice on law and justice sector reforms, under Malami.

    The immediate past Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) formally exited office on May 28, 2019 after about three and half years in office.

    Malami, who assumed office on November 12, 2015, handed the running of the Federal Ministry of Justice to the ministry’s Permanent Secretary and Solicitor General of the Federation (SGF), Dayo Apata, at an event held on May 28, 2019, where he (Malami) equally performed his last official function of constituting the boards of agencies and parastatals under the ministry.

    While addressing the audience, among who were his three predecessors – Bayo Ojo, Michael Aondoakaa and Adetokunbo Kayode –  Malami took a retrospective assessment of his time in office and hailed himself for a job well done.

    Malami insisted that he kept faith with his promise to only improve on his predecessors’ achievements, be creative and innovative in his approach, while encouraging/accommodating individuals and groups with great ideas.

    He however, confessed that the task of serving as the Chief Law Officer, in a nation very diverse and complex, was not only daunting, but that it was enormous in view of the administration’s key policies aimed at addressing the challenges of  corruption, economy and security.

    “It is without doubt that these policy areas are intricately intertwined with the law, without which they are dead,” Malami said, adding that the policy thrust of the administration put his ministry “on serious work mode from the first day he stepped into office.

    Malami was emphatic in asserting that the ministry, under his watch, made significant strides in many areas, which he proceeded to outline.

    His many contributions

    Initiation and provision of legal instruments

    In the area of initiation and creation of legal instruments, with which the administration functioned, Malami spoke about his contribution to the drafting of various Presidential Executive Orders, particularly numbers six and eight.

    Executive Order number Six relates to the Preservation of Assets Connected with Corruption, while Order Eight governs the Voluntary Offshore Assets Registration Scheme (VOARS).

    The VOARS, unveiled on April 2, 2019 is essentially, targeted at tracking and stopping illicit financial flows in and out of the country.

    Malami noted that the various legal instruments introduced while he was in office, uniquely revolutionised the government’s war against graft and impunity in the management of pulic resources.

    He said, as the coordinator of the implementation of Executive Order No. 6, he worked with other enforcement authorities –  the Central Bank of Nigeria (CBN), the Nigerian Financial Intelligence Unit (NFIU), the Nigerian Immigration Service (NIS),among others – to ensure that assets connected to corruption, belonging to anyone linked to corruption related investigation or prosecution, are duly protected.

    Malami said the scheme is projected to yield to the country an estimated €800million within 12 months of its implementation.

    Contributions to justice sector reforms

    Malami worked to ensure the launch of the document called the National Judicial Policy (NJP), which points the nation’s direction in justice administration, particularly as it relates to criminal justice.

    He told audience at his hand-over ceremony that, beside  preparing and reviewing of court processes, and representing the Federal Government in litigation, the Federal Ministry of Justice, under him, designed a broad policy framework aimed at   improving the judicial process and enhanced citizens’ access to justice.

    Activities undertaken in that regard, he said, included the assessment of criminal cases that were being prosecuted by lay police prosecutors before the enactment of the Administration of Criminal Justice Act (ACJA) 2015; the establishment of Justice Sector Reform Committees (JSRC) in about 26 states and the provision of sentencing guidelines for judges.

    He also noted his ministry’s contribution to the establishment of a Virtual Automated Case Management System (VACMS) by the Federal Government.

    The VACMS is intended to integrate prosecution data with the existing Prison Information Management System (PIMS) by incorporating an integrated biometrics prisoners information technology to fast track prison decongestion in Nigeria.

    Malami was optimistic that the VACMS project “will bring a holistic improvement in the efficiency of the entire justice sector through transparency in detentions, investigations, clarity in prison operations, proper arraignment and speedy discharge of justice.

    “In addition, it will bring about transparency in the prison population at a glance, prevent the incidence of “ghost prisoners” and help the government to accurately budget annually’’.

    Prison decongestion

    Malami spoke about his efforts in the the establishment of the Presidential Committee on Prisons Reform and Decongestion (PCPRD),  headed by the Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ishaq Bello.

    The ex-AGF said, since he inaugurated the committee on October 31, 2017, it has so far visited 32 prisons in 14 states, during which it facilitated the release of 3,740 prisoners.

    Malami is equally credited with aiding the success of the Federal Government’s initiative deployed to address the challenge of dealing with the army of arrested Boko Haram suspects, who were kept for years in various detention centres, unattended to by the previous government.

    Milestones in the recovery of looted public funds

    Malami spoke about the many milestones recorded in the areas of assets recovery and collaboration with foreign partners in that regard, which he attributed to the Asset Recovery and Management Unit (ARMU) of the Ministry of Justice.

    He also spoke about the ministry’s roles in facilitating international and national cooperation in the recovery of stolen assets, Open Government Partnership (OGP) Initiatives (which are directed at ensuring transparency in the management of government’s affairs) and reforms of anti-corruption policy and electoral law.

    As a fillip to the Federal Government’s anti-corruption drive, Malami said “the Federal Ministry of Justice, under my watch, released the National Anti-Corruption Strategy Framework (NACSF)for collaboration by all the relevant agencies.”

    He explained that the NACSF revolves around five pillars,to include – prevention of corruption, public enlightenment, campaign for ethical re-orientation,  enforcements and sanctions/recovery of proceeds of corruption.

    Malami added that the NACSF was designed to identify and close existing gaps in the anti-corruption initiatives inherited by the administration and emphasise the institutionalisation of result-based systems and structures as well as appropriate incentives for increasing and sustaining citizens-driven anti-corruption crusade.

    He said the NACSF was equally directed at ensuring the effective implementation of preventive anti-corruption policies such as the Treasury Single Account (TSA), the Bank Verification Number (BVN), enhanced application of the Code of Conduct legislation and the Integrated Payroll and Personnel Information System (IPPIS), some of which the administration inherited.

    The ex-AGF said his office, in coordinating the implementation of the Asset Recovery Campaign of the Federal Government, worked with anti-corruption agencies, law enforcement and security agencies in the recovery of public funds stolen domestically and those transferred to offshore.

    He added that his effort led to increased international engagement with more than seven countries: United Kingdom, United States of America, Switzerland, France, Italy, Island of Jersey and United Arab Emirate (UAE).

    Malami also spoke about how he facilitated the repatriation of $321 million Abacha loot; the signing of a Memorandum of Understanding (MOU) between World Bank, Nigeria and Switzerland for the early return and transparent management of $322.5m stolen assets from Switzerland, which has since been repatriated back to Nigeria and is now being managed by the National Social Investment Office under the supervision of the World Bank.

    “I have also led the Nigerian team in the signing of MOU on the modalities for the return of stolen assets between Nigeria and the United Kingdom.

    “Negotiations are underway for the return of $500 million worth of assets located in the United States, Island of Jersey and France; the recovery to the Federal Government of Nigeria of over $73 million as ordered by the UK Commercial Court being part of the proceeds from the sale of OPL 245 by Malabu Oil and Gas Company to ENI/Shell,” he said.

    Malami, who gave other instances of recovery, said his office worked assiduously with other relevant agencies of government to raise the balance in the recovery account of the Federal Government from  N19,524,490,207b (19.5b) as at  May 29, 2015 to N279,047,318,400b (N279b) as at November 22, 2017.

    Law reform initiatives

    Malami also spoke about how he inaugurated a team to facilitate the review of existing laws, particularly those relating to anti-corruption, transparency and accountability in governance.

    According to him, the team came up with numerous Bills, among which are the Money Laundering Prevention and Prohibition Bill 2017; Anti-Terrorism Prevention and Prohibition Bill 2017; Nigerian Financial Intelligence Unit Bill 2017; Proceeds of Crime Bill 2017; Public Interest Disclosure and Witness Protection Bill, 2017; and the Mutual Legal Assistance in Criminal Matters Bill, 2017.

    The NFIU Bill has since been passed by the National Assembly  and was assented to by President Muhammadu Buhari in July, 2018.

    Malami added: “Our contributions in facilitating the prompt passage of the Nigerian Financial Intelligence Agency Act prevented the expulsion of Nigeria from the EGMONT Group, which expulsion was embarrassingly imminent at the time.

    “In the same token, it is my sincere hope that the Proceeds of Crimes Bill will soon become law to further make the anti-corruption war more effective.”

    Staff welfare

    Malami equally spoke about his achievements in improving the welfare of staff of the Federal Ministry of Justice.

    He talked about how he facilitated that  ”harmonisation of salary for lawyers (in the ministry), which has brought them at par with their contemporaries in other justice sector agencies.

    “I am also elated to say that during my tenure, and for the first time ever, a lawyer in the ministry in the person of Mr. Chiesonu Okpoko, was conferred with the prestigious rank of Senior Advocate of Nigeria.

    “As I speak, this Ministry is hopefully at the verge of making another SAN.”

    His shortcomings

    While Malami has continued to receive accolades for his many achievements, he has equally received knocks for the many failures recorded while his tenure lasted.

    Malami’s core failure, according to his critics, is the poor leadership he exhibited in the coordination of the operations of the various agencies and personnel under his ministry.

    This factor, they argued, resulted in the glaring lack of coordination, direction and strategic approach to the operations of the relevant government agencies involved in the fight against corruption.

    In this regard, critics are quick to point to the conflicting roles of the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other related offences Commission (ICPC), the Special Presidential Investigation Panel for Recovery of Public Property (SPIP).

    Malami has also been criticised for his controversial handling of the case involving Abdulrasheed Maina, who was accused of diverting huge Police Pension funds, declared wanted, but was later elevated and reinstated, allegedly upon the advice of the AGF.

    His name has also featured in the controversial handling of the alleged fraud cases involving the former Comproller-General of Customs, Abdullahi Inde Dikko.

    The disagreement between Malami and the EFCC in the handling of the cases involving Dikko became public during one of the proceedings in one of the cases before the Federal High Court, Abuja.

    Dikko’s lawyer, Mahmud Magaji (SAN) had, in the suit he filed, accused the EFCC of violating an agreement his client purportedly reached with Malami to excuse the ex-CGS from prosecution, an agreement the anti-graft agency denied knowledge of.

    Magaji told the court, presided over by Justice Nnamdi Dimgba, that: “Our client was to be prosecuted for financial crimes. When he was invited, he was confronted by information the EFCC said it has against him by virtue of its investigation activities.

    “He (Dikko) was confronted with options of either to enter a refund agreement or be prosecuted. He agreed to a refund. And made refund in several tranches.

    “At every payment, we ensured that we get evidence of payment from the bank,” Magaji said.

    He identified the evidence of payment as reflected in some court documents marked as Exhibit 1 to 20d, and said “these are the evidence of the refund we made”

    When asked by Justice Dimgba about the venue, where the said agreement was reached, Magaji said a meeting was held at the instance of the Minister of Justice and Attorney General of the Federation (AGF).

    Magaji added that after the agreement was reached by parties, an official of the EFCC, who he identified as Hajeed (who was the IPO in the case), provided an account number into which his client (Dikko) made all the refund he made.

    He added: “We have fulfilled our side of the agreement. It is for the EFCC to fulfil its own side of the agreement, by complying and allowing things to settle.”

    Replying, EFCC’s lawyer, Chile Okoroma said:  ”They said they made some payments by agreement and we said no, we are not aware of any payment.

    “They claimed Magu (EFCC’s Acting Chairman, Ibrahim Magu) was part of the agreement, but we said no. We do not know anything about the agreement they claimed to have with the AGF,” Okoroma said.

    There is also the confusing situation about the status of the SPIP as regards its powers to initiate prosecution, in view of the judgment by the Court of Appeal, in the Tumsah brothers’ case.

    Despite the Court of Appeal’s decision that the SPIP lacked the power to initiate prosecution or file charges against anyone, the panel has continued to obey the judgment in breach.

    It recently filed a charge against some senior members of the Nigerian Football Federation (NFF) and some known political figures, without any intervention by the AGF.

    ‘Aversion for court appearance’

    Critics also openly criticised Malami for leading the anti-corruption war from the rear, in view of his seeming aversion to participating in court proceedings in graft-related cases.

    According to Malami’s critics, as the AGF in a government, whose major policy is the war against corruption, he ought to be at the forefront of the prosecution of high profile suspects to show government’s seriousness in this regard.

    A former Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed once drew Malami’s attention to flaw in his approach and asked him to lead by example.

    Justice Mohammed had, while receiving Malami in his office on November 24, 2015, noted among others, that the lacklustre attitude of government towards the prosecution of criminal cases, “especially those involving politically exposed persons or political party family members,” was a major factor hindering success in the prosecution of such cases.

    Justice Mohammed particularly charged Malami to take the lead when he said: “I would likewise wish to encourage you (AGF) to display a greater resolve than your predecessors in tackling outstanding cases before the courts.

    “In times past, the Attorney-General of the Federation would often lead teams of legal counsel in high profile cases so as to demonstrate the resolve of the government to enshrine the rule of law. Sadly, recent Attorneys-General have become less inclined to do this.

    “I would certainly like to see you, as the Attorney-General, appear before us especially in cases of important national purport. There is the need for seasoned prosecutors to prepare and file charges before courts of competent jurisdiction so that criminal matters are timeously determined.”

    Critics have equally argued that, aside that Malami did not change his position on the issue despite the criticism, his lack of commitment to the prosecution of high profile corruption cases is reflective in his handling of the activities of the the National Prosecution Co-ordination Committee (NPCC).

    The NPCC was inaugurated by the Vice President Yemi Osinbajo on May 27, 2016 with the core responsibility of co-ordinating the prosecution of high profile cases.

    The NPCC was also required to scrutinise the proof of evidence and charges in high profile criminal cases in the country before arraignment. In addition, it will receive and analyse reports from the investigation and prosecution teams engaged to handle such cases.

    The committee was to guarantee prompt contact and synergy between investigators and the prosecutors of high profile criminal cases, manage information to the public on such cases as well as to ensure strict compliance to the Administration of Criminal Justice Act (ACJA), 2015.

    The NPCC was equally saddled with the responsibility of advising the AGF on the exercise of his prosecutorial powers in Section 150 and 174 of the 1999 Constitution; prepare the policy strategy document for the co-ordination of investigation and prosecution of high profile criminal cases in Nigeria and to  collate the list of such cases as well as assigning them to prosecution teams.

    Unfortunately, little is known about NPCC’s activities. Many of its members are said to have stopped participating in its activities owing to poor funding. The NPCC exists today only in name.

    Malami has also stirred controversies with some of his decisions, actions and utterances. His support for the late 2016 invasion of the residences of serving judges by security agents drew criticism from those who argued that such a development amounted to the desecration of the Judiciary.

    He was quoted to have, while reacting to the arrest of the serving judges, argued that “no one is or should be above the law. Was there an allegation of crime? Was there relevant provision of criminal procedure responsible for investigation?

    “Is there an allegation of corruption? If there is, no body, no matter how highly placed will be spared. The right to investigate has not been taken away from the constitution.

    “The allegation borders on criminality and no one is or should be above the law. Neither the judiciary or the executive will be exempted from investigation.”

    Clash with EFCC

    In 2017, Malami openly disagreed with the Acting Chairman of the EFCC, Ibrahim Magu and accused Magu and the EFCC of frustrating the government’s anti-corruption war.

    In a statement issued on August 23, 2018, Malami alleged that Magu and the EFCC leadership have “manipulated and misused intelligence to the detriment of the fight against corruption and financial crimes in Nigeria.”

    He also accused them of working to prevent the lifting of the country’s suspension by the global financial intelligence gathering body – Egmont Group of Financial Intelligence Units (Egmont Group) and ensure the country’s formal expulsion.

    Sometime last year, a group, the Resource Centre for Human Rights and Civic Education (CHRICED) accused Malami of making a mess of the anti-graft fight over his alleged complicity in some shady payments to two lawyers on the recovery of Abacha loot.

    The group had queried the engagement of another set of Nigerian lawyers for a fee of $17 million (about N6 billion) for a job already completed by Enroci Monfrini, a Swiss lawyer hired by the Nigerian government since 1999 to work on recovering the loot.

    According to the group, Malami allegedly engaged the lawyers because Monfrini was asking for an additional 20 percent pay to “complete the job.”

    CHRICED, led by Ibrahim Zikirullahi, observed, in a statement, that: “It is a known fact that the AGF has consistently used his exalted office to embarrass the country and make serious mess of the anti-corruption fight.

    “From his involvement in the reinstatement of the fugitive pension task team boss, Mr. Abdulrasheed Maina, to his alleged incessant harassment of the Economic and Financial Crimes Commission (EFCC), so as to pressure it to act in favour of corrupt interests, the AGF has been using his office for purposes that have since been discredited.”

  • PDP cautions AGF Malami on Rivers election

    The Peoples Democratic Party (PDP) has cautioned the Attorney General and Minister of Justice (AGF) Abubakar Malami SAN, against attempts to scuttle the collation of results of the March 9 governorship election in Rivers State.

    The Independent National Electoral Commission (INEC) had suspended collation of the results as a result of the violence that characterised the election. The commission has fixed April 2-5 for the resumption of collation and declaration of winner.

    But in a statement, Sunday by the spokesman for the PDP, Kola Ologbondiyan, the main opposition party said Malami must exercise restraint and should not allow himself to be used to foist any unconstitutional act regarding the Rivers election.

    The party hinged its caution to Malami on alleged statement by the Minister of Transportation, Mr. Rotimi Amaechi, to the effect that AGF Malami was working on how to write to the INEC chairman, Prof Mahmood Yakubu directing him to stop the collation of the Rivers election results.

    The PDP reminded Malami that there is no provision of the 1999 Constitution (as Amended) or any part of the Electoral Act 2010 (as Amended) that, in anyway, empowers the AGF to interfere or stop the process of election until declaration of result is made.

    Read also: APA to Buhari: don’t forget your promise to run inclusive govt

    “It is imperative for the AGF to note that Rotimi Amaechi, in his desperation, will want to rope him in and use him to cause a constitutional crisis that has the capacity to derail our democracy.

    “The constitution and laws of our nation are clear on the powers and statutory functions of the Attorney General and that he has no powers to interfere in the conduct of elections or direct the stoppage of an electoral process.

    “The AGF should, therefore, distance himself from the ignoble scheme by Rotimi Amaechi to cause trouble in Rivers state by attempting to scuttle the collation of results in the Rivers governorship election, which has been clearly won by the PDP and Governor Nyesom Wike”, the statement added.

    The PDP also charged INEC to save the nation any constitutional crisis by asserting its independence in concluding the collation process as well as respecting the will of the people.

  • Omo-Agege’s suspension not supported by any law – Malami

    …Court fixes judgment for May 10 in suspended Senator’s suit

     

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) argued Monday that the decision by the Senate to suspend the Senator representing Delta Central Senatorial District, Ove Omo-Agege was not supported by any known law.

    Malami equally contended that the suspension violated the right of the constituency represented by Senator Omo-Agege to participate in the country’s governance and to be so represented.

    The AGF made his position on the issue public Monday at the hearing of the suit by the suspended Senator, challenging the legality of the Senate’s decision.

    The Solicitor General of the Federation (SGF), Dayo Apata, who represented Malami said the AGF’s position in the case was informed by his constitutional responsibility as the defender and guardian of the Constitution

    He argued that although the AGF was sued as a defendant, he has the right to address this court on the need to prevent the breach of constitutional provisions by the Senate.

    Apata added: “In view of the position of the law, it is the 3rd defendant’s submission that the suspension of the plaintiff is not supported by law and should be set aside by this honourable court.

    “As a Senator, the plaintiff represents his senatorial district, whose electorate, through him, participate in the governance and his suspension for a whole lot of 90 days amount to punishing an entire senatorial district for a period of 90 days and denying them participation in the governance of the country, which is a legal right.

    “It is our submission that the suspension of the plaintiff for 90 legislative days without any legal backing is also an infringement of the rights of his people, who elected him to represent them in the Senate to participate in the governance of Nigeria, thus illegal and unconstitutional and we urge my Lord to so hold.”

    Earlier, the plaintiff’s lawyer, Alex Iziyon (SAN) urged the court to nullify the steps taken by the Senate; including his client’s suspension by the Senate during the pendency of a suit he (Omo-Agege) filed against the plan to suspend him.

    Iziyon said: “Under the consequential orders sought by the plaintiff, the court can nullify any other steps taken by the defendant during the pendency of this suit.

    He added that the court has the power to “pull down what has been done in defiance of court’s proceedings”.

    Relying on a number of court’s decision, prohibiting legislative houses from suspending legislators, Iziyon argued that the “this court has the power to undo what they have done.”

    Lawyers to the 1st and 2nd defendants (the Senate and its President), Mahmoud Magaji (SAN) urged the court to dismiss the suit.

    Magaji argued that the cases cited by Izinyon were distinguishable from Omo-Agege’s case.

    He noted that: “Exhibit MAM1 shows that the plaintiff is not an ordinary senator. He is a lawyer. In addition, he is a member of the committee that recommended his suspension.

    “He is number 13 on the list of the members of the committee. He participated in the proceedings of the committee that recommended the suspension of other senators, particularly Senator Ali Ndume.

    “Those who live by the sword must die by the sword”.

    Malami wondered why the senator, “who has been dishing out such punishment to his colleagues should come to court for protection for such punishment”.

    He argued that Omo-Agege was bound by the rules of the Senate and had no basis to challenge the action of the Senate against him.

    Malami said: “He (Omo-Agege) swore to an oath to be bound by the rules of the National Assembly, including the standing order,” Magaji said.

    After listening to arguments by parties, Justice Nnamdi Dimgba adjourned to May 10 for judgment.

    Earlier, the dismissed an application by the Chairman and Vice-Chairman of Senate Committee on Ethics, Privileges and Public Petitions, Senators Samuel Anyawu and Bala Na’Allah, seeking to be made parties in the case

    The judge upheld the objection put forward by Omo-Agege and the AGF against the two senators’ application.

    The judge upheld the contention that since the committee members were agents of a disclosed principal – the Senate and the Senate Principal, needed not to be joined in the suit.

    He added that they could not be joined because no contribution would they make in the case that the Senate and its President could not make.

    He also ruled that the application by the applicants were incompetent as they failed to file their proposed defence in respect of the suit as the court’s rules required of an applicant seeking to be joined in a suit.

    Read Also: Omo-Agege takes Senate, AGF to court

     

  • Malami restores law reform commission’s mandate

    The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) has restored the mandate of the Nigerian Law Reform Commission (NLRC) to revise the Laws of the Federation

    Its Chairman Mr. Kefas Magaji said the law revision exercise was part of the commission’s mandate as articulated in its Establishment Act.

    He said successive Attorneys-General have over the years appropriated the law revision exercise by constituting law revision committees to undertake law revision.

    For instance, a Law Revision Committee was constituted to produce the Laws of Federation  in 1990 and 2004.

    Magaji said: “By convention law revision exercise is undertaken after every 10years and this is to allow for laws to be amended, repealed or a good number of new laws to be enacted.

    “The current Attorney General of the Federation, Mr Abubakar Malami (SAN) deemed it fit to restore back to the Commission the mandate of Law revision. The Commission is ready to undertake this task and it has the capacity to deliver.”

    On the challenges before the commission, Magaji said: “T     he greatest challenge would be the issue of funding, but there is the willingness and determination on the part of the staff and legal experts in Nigeria to participate in the exercise and ensure that accurate laws as enacted by the National Assembly are produced.

    “It is also important to state that, record keeping culture in this country leaves a lot to be desired, as most institutions that should have copies of laws passed by the National Assembly and subsidiary legislation made in the past 10 years do not have them.

    “Also, serious research is being undertaken by consultants to identify laws or provisions of laws that have been struck down by courts within the periods under review are identified and deleted from the text of the law.”

    On the scope of work involved in the exercise he said: “Law revision exercise covers all federal laws in Nigeria. It includes laws enacted after 2002 to date, laws inadvertently omitted in Laws of Federation 2004, laws repealed by later laws, laws repealed by courts of competent jurisdiction and the 663 laws contained in Laws of Federation 2004

    “This law revision exercise will culminate in the production of up to date and authentic Laws of the Federation of Nigeria (LFN) for Nigeria.

    “Currently, government printers which have the mandate of producing government official gazettes, which includes Acts, Subsidiary Legislation, Government decisions etc, no longer operates in their full capacity, and as a result, Lawsc hurned out by the National Assembly are now being printed by Private Publishing companies.

    “Private companies are profit oriented and their focus is always on producing for the purpose of the market instead of ascertaining the correctness of the document being produce.

    “As a result of this, most laws that are published come in two or more versions depending on the publishing company that published it and it is difficult to ascertain which is authentic and which is not. With the production of LFN 2018, this issue will be resolved,” Magaji stated.

  • ‘Why we are probing Mark’s acquisition of Senate President’s house’

    ‘Why we are probing Mark’s acquisition of Senate President’s house’

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) and the Chairman, Special Presidential Investigation Panel for Recovery of Public Property (SPIPRPP), Okoi Obono-Obla have explained why the panel was probing the purchase of the official residence of the Senate President by David Mark.

    They said the investigation was informed by information to the effect that Mark, a former Senate President, unlawfully acquired the property in 2011, without being reflected in the Federal Government’s gazette as required.

    They argued that the house said to be built on 1.6 hectares of land, located in Gudu, Apo, Abuja, is a national monument that was not meant to be acquired by an individual.

    Malami and Obono-Obla’s explanation is contained in the court papers they filed before the Federal High Court in Abuja Thursday in reaction to a suit by Mark, challenging the notice of investigation served on him by the SPIPRPP.

    The documents include a notice of preliminary objection, a counter-affidavit to Mark’s motion for interlocutory injunction and a defence to the substantive suit.

    An official in the office of the Chairman of SPIPRPP, Aribatise Olanrewaju, who deposed to the counter- affidavit for Malami and Obono-Obla stated that the panel was empowered to probe the circumstances in which Mark took over the property.

    He said although former President Goodluck approved the sale of the property to Mark; the purchase was not gazetted as required by law.

    He said: “The request of Senator Bala Muhammad (the then Minister of Federal Capital Territory) was approved by former President Jonathan, but on the condition that the sale should be gazetted.

    “However, the sales of the houses were never gazette. Notwithstanding the directive of former President Jonathan that the said house should be sold to the plaintiff upon enactment of a Federal Government gazette, the said property was illegally sold to the plaintiff;

    “The sales of these houses were never reflected in the Federal Government official gazette contrary to directive/ minute in the memo of Senator Bala Muhammad by former President Jonathan;

    “I know as a fact that the sale of the said house to the plaintiff was never conducted in a competitive bidding and transparent process; this is contrary to the provisions of Section 15 (1) of the Procurement Act, 2007;

    “I know as a fact that the sale was contrary to the provisions of the Federal Government of Nigeria official gazette No. 82, Vol. 92 of 15 August 2005;

    “The said house is a national monument, which should have never been sold;

    “I know as a fact that the provisions of Part 11 (b) of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances, Etc.) (Amendment) Act, 2008 otherwise known as the Remuneration Act, 2008 provides that Senate President is provided with accommodation by the Federal Government of Nigeria.

    “I know as a fact that the sale to the said house was contrary to the provisions of Paragraphs 1  & 6 (1) of Part 1 of the 5th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) since the purchaser (the Plaintiff) was a the Senate President  he purchased the house.”

    Olanrewaju referred the law that empowered the  panel to investigate Mark’s acquisition of the property.

    He said: “I know as a fact that the notice alluded to in paragraph 17 of the affidavit is therefore not a notice of eviction as claimed by the plaintiff/applicant.

    “I know as a fact that the 2nd defendant never declared the plaintiff/applicant acquisition of the said property illegal, but a notice to inform him that the acquisition of the said property was under investigation by the Special Investigation Panel.

    “I know as a fact that the Special Presidential Investigation Panel for Recovery of Public Property was set up by the Federal Government of Nigeria pursuant to the provisions of Recovery of Public Property (Special Provisions) Act, Cap. R4, Laws of the Federation of Nigeria, 2004,” he said.

    In their objection, Malami and Obono-Obla faulted the suit by Marked and described it as a ploy to stall his ongoing investigation.

    Obono-Obla, who endorsed the processes filed by the respondents in the suit – the AGF and Obono-Obla – described the suit as speculative and hypothetical.

    He contended, in the objection that the Federal High Court was without the jurisdiction to hear the suit.

    He grounds on which he hinged his argument include that the court has no jurisdiction to grant the relief sought by the plaintiffs in view of the fact that, by virtue of Section 251 (1) (p) of the Constitution, the subject matter of the case has nothing to do with the administration or the management and control of the Federal Government or any of its agencies.

    He said the suit was a disguise to scuttle criminal investigation of the plaintiff  (a public officer) using the court.

    Obono-Obla added tha: “This court has no jurisdiction to stop the Special Investigation Panel for Recovery of Public Property established pursuant to Section 1 (1) of the Recovery of Public Property (Special Provisions) Act, Cap. R4, Laws of the Federation of Nigeria, 2004 from carrying out its statutory functions.

    “The 2nd defendant (Obono-Obla) is an agent of a disclosed principal and as such the plaintiff is wrong to sue the 2nd defendant in his official capacity with his personal name.

    “This suit has disclosed no reasonable cause of action; it is speculative and hypothetical,” he said.

    The SPIPRPP, in September this year, issued a 21-day notice to Mark to quit the property or “show cause” why the Federal Government should not “enforce the recovery of the property for public good”.

    Rather than “show cause” as requested by SPIPRPP, Mark head before the Federal High Court where he lodged the suit and prayed the court to among others, quash all steps taken by the panel to evict him and recover the house from him.

    The case will come up for hearing on January 22 next year before Justice Gabriel Kolawole.

  • AGF regrets sorry state of nation’s prisons

    AGF regrets sorry state of nation’s prisons

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has regretted the sorry state of affairs in the nation’s prisons.

    Malami noted that, not only are the prisons overcrowded with mostly awaiting trial inmates, they are without the necessary facilities.

    He argued that the condition in which inmates were kept in the nation’s prisons is not only a violation of required international standard, it violate the rights of the inmates.

    Malami spoke in Abuja Tuesday while inaugurating a stakeholders’ committee to oversee the implementation of the Federal Executive Council’s directive to fast track the decongestion of prisons.

    He said: “The current state of our prisons is unfortunately very alarming. There is no gainsaying that the facilities are vastly overcrowded with inmates and the environment mostly not conducive, therefore defeating the primary purpose of the prisons as primarily reformation centres.

    “As a matter of fact, the state of our prisons directly touches on the fundamental human rights of these inmates and constitutes a violation of those rights.

    “It is particularly worrisome that about 70 per cent of the inmates in Nigerian prisons are awaiting trial. This is rather embarrassing and an indictment of the national justice system.

    “This situation contradicts international standards, including those provided in the International Convention on Civil and Political Rights (ICCPR) that provides for limited use of pre-trial detention only when certain conditions are present,” Malami said.

    He noted that past efforts at decongesting the nation’s prisons have not been particularly successful, a development that informed the new initiative.

    The AGF said the role of the committee will include coming up with an effective strategy in the form of a road map and comprehensive action plan to ensure that permanent gains were achieved in the task of reforming and decongesting the nation’s correctional institutions.

    Some of the measures to be adopted include the creation of a case management system to integrate existing prison information systems in some parts of the country, and review of cases of inmates awaiting trial for up to five years and of inmates eligible for prerogative of mercy periodically.

    Other measures, Malami said; include the application of the provisions of Part 44, sections 453, 460 and 468 of the Administration of Criminal Justice Act (ACJA) on no-custodial sentencing, and liaising with the National Assembly on the need for the prompt passage of the Nigeria Prison and Correctional Services Bill.

    Malami also stressed the need for collaboration with Chief Judges of the states and the Federal Capital Territory (FCT) on ways to fast track prison decongestion, and working with states’ Attorneys-General to develop necessary prison decongestion policy.

    The committee’s Chairman and Chief Judge of the High Court of the FCT, Justice Ishaq Bello assured that his committee would do a thorough job.

    Justice Bello noted that states were reluctant to adopt the ACJA, a development partially responsible for delay in the administration of criminal cases and prison congestion.

    He urged President Muhammadu Buhari to encourage state Governors to adopt the ACJA as a way of ensure prompt handling of criminal cases and elimination of congestion in prisons.

  • Abacha loot: Switzerland to return $321m – Malami

    Abacha loot: Switzerland to return $321m – Malami

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami ( SAN ) announced Thursday that negotiation has been concluded with Switzerland on the return of $321Million recovered from the late Abacha family.

    Malami also said the country recently recovered $85m from the controversial Malabu Restrained Funds from United Kingdom (UK).

    Spokesman to the Minister, Salihu Isah, in a statement Thursday, said Malami disclosed these in Abua at a Pre-Global Forum on Asset Recovery (GFAR) Consultative meeting with the theme: “Building an ending framework for asset recovery in Nigeria.”

    Isah quoted Malami as saying that with the conclusion of negotiation, the Memorandum of Understanding will be signed by parties at the Global Forum on Assets Recovery meeting to be held on between December 4 and 6 in Washington.

    He said after parties’ endorsement of the MOU, the repatriation of the funds would follow within weeks as agreed by the parties.

    He said Malami stressed the need for the international community to ensure the implementation of measures considered and adopted at the London Anti-Corruption Summit in May, 2016.

    Malami, Isah said, assured that the country was willing to support the transparent return of stolen assets.  He urged the international community to ensure prompt return of assets from the country to enable it meet the sustainable development goals.

    He quoted Malami as sayin:”“It is widely acknowledged that corruption undermines economic development, political stability, rule of law, social development, disrupts social order and destroys public trust in the governance system. It is an established fact that corruption which is linked to organised crime, terrorism and insecurity is one of the reasons for underdevelopment.

    “Resources and funds meant for development of infrastructure in education, health and security sectors, among others have been stolen and hidden in different parts of the world,”

    Isah said the British Ambassador to Nigeria, Paul Arkwright (represented by Senior Police Advisor, Michael H. Bonner) and. Swiss Ambassador, Eric Mayoraz commended the Nigerian government for collaborating with Civil Society Organizations to fight corruption and in tackling illicit financial flows.

    He said they pledged the support and cooperation of their home countries in repatriating stolen funds stashed away in banks at their countries back to Nigeria in due course.

    Read also: United States claims $300m Abacha loot

    Isah also quoted the Director MacArthur Foundation, Dr. Kole Shettima as praising the Nigerian government for getting interest groups on board for the asset recovery drive.

    He said Shettima wished that other parties like the Nigerian movie industry known as Nollywood as well as the media among others are involved to be all encompassing.

    Shettima siad he was not comfortable with the situation where the anti-corruption war would be seen as the fight of President Buhari or government fight, but as the fight of all Nigerians.

    Isah said the Director, African Network for Environment and Economic Justice (ANEEJ), David Ugolor Said Global Forum on Asset Recovery, established as an outcome of the London 2016 Anti- Corruption Summit hosted by former British Prime Minister, David Cameron would build on the experiences of the Arab Forum on Asset Recovery (AFAR) and the Ukraine Forum on Asset Recovery (UFAR).

    The AGF’s spokesman quoted Ugolor as saying: “(the core objective of GFAR is to convene practitioner experts to provide an effective opportunity for countries to cooperate on asset recovery cases.

    “It also tries to highlight the importance of strong political commitment, multijurisdictional coordination and practitioner interaction. “Its inaugural meeting will focus on assistance to four priority countries; Nigeria, Sri Lanka, Tunisia and Ukraine”.

  • Bulkachuwa, Malami, Ojo, others seek enhanced ADR use in dispute settlement

    Bulkachuwa, Malami, Ojo, others seek enhanced ADR use in dispute settlement

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN), a former AGF, Bayo Ojo (SAN) and others have called for enhanced application of alternative dispute resolution mechanisms (ADR) in dispute resolution.

    They argued that prompt resolution of business disputes through ADR will not only  serve as a lure to foreign direct investments, it will enhance the success of government’s policy aimed at ensuring ease of doing business in the country.

    Bulkachuwa, Malami, Ojo spoke in Abuja Tuesday at the opening session of the Biannual African Arbitration Roundtable put together by the International Centre for Arbitration and Mediation Abuja (ICAMA).

    The event has as its theme: “Growing and sustaining domestic arbitration and ADR in Nigeria.”

    Other speakers, including the President of the National Industrial Court, Babatunde Adejumo, Chairman Senate Committee on Justice, Human Rights and Legal Services, David Umar and Chairman, House of Representatives Committee on Justice, Razaq Atunwa held similar view.

    Bulkachuwa noted that it was time African development its ADR capacity, including providing skilled hands to drive the process in view of the increasing numbers of arbitration cases involving Africans and African businesses.

    She urged that Africans should put behind them the era when arbitral disputes were exported to other continents for settlement.

    Bulkachuwa disclosed that her court would, by the end of the year commission its ADR centres in Abuja, Lagos and two other divisions as a way of activating the provision of Order 16 of the Court of Appeal Rules 2016.

    She said under the arrangement termed: Court of Appeal Arbitration Process (CAAP), where the ADR mechanism pursued under the Court of Appeal Rules 2016 succeeds; the court shall adopt the agreement reached by parties as judgment of the court. But where it fails, the appeal shall be subjected to the normal procedure.

    Malami said the Nigerian government was aware the the existence of effective dispute resolution mechanism was key to attracting investment and was willing to work with all stakeholders in the public and private sectors to ensure that disputes were resolved timeously.

    He said: “We shall also continue to collaborate with the Judiciary, which has a key role to play in ensuring the overall efficacy of dispute resolution mechanisms in the country, including a ADR.”

    Malami, who praised Ojo and ICAMA for working to promote ADR practice in the country, urged that gathering to dwell on ways in which arbitration and mediation could better serve the nation’s economy as a tool for timeous resolution of commercial investment disputes.

    Ojo, who is ICAMA Chairman, said it was now imperative that African countries seeking to attract foreign direct investments must first in place a conducive business environment, a key factor of which it means of prompt dispute resolution.

    He expressed delight that the Nigerian government was working in that direction with its current initiative on the ease of doing business.

    Ojo said the ICAMA roundtable was intended as a platform to engage the diverse perspectives and experiences of arbitrators and other stakeholders in addressing existing challenges in prompt dispute resolution in the continent.

    The former AGF, who noted that arbitration was fast becoming the preferred mechanism for oiling the wheel of economic growth, said there was the urgent need to reverse the practice where arbitral dispute were exported by evolving ways of growing and sustaining domestic arbitration in Africa.

    Adejumo said it was impossible for any nation to grow and attract investments where disputes are not resolved within the shortest possible time.

    He attributed the slow growth of ADR practice in the continent to lawyers’ fear that they would earn less, but noted that the legal practitioners would actually earn more where disputes are promptly resolved and not held down in the process of litigation.

    Umar, who assured that the Senate would do all within its powers to encourage arbitration practice in the country, said the upper legislative chamber was working to endure that when passed, the Bill for the amendment of the extant arbitration law will meet the expectation of all.

    Atunwa, who was represented by a member of the House of Representatives, Igariwe Iduma Enwo, notee that in Nigeria, like any other African countries, the future in settling business disputes now lies in arbitration and other alternative dispute resolution mechanisms.

    This, he said, results from the fact that the conventional recourse to courts could  be too slow, cumbersome and prohibitive in cost.

    He expressed delight that the growing adoption of acceptance of arbitration and other alternative dispute settlement options in the continent has reduced the earlier practice where Africans patronise foreign ADR centres.

    Other speakers included the Director, Chartered Institute of Arbitrators, London, Anthony Abrahams and the President, Chartered Institute of Arbitrators, London, Professor Nayla Comair-Obeid.

  • High profile cases: AGF denies rift with EFCC

    High profile cases: AGF denies rift with EFCC

    …Speaks of plans for national justice policy

     

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) Thursday waved aside speculation about a rift between him and the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu on the handling of high profile criminal cases.

    A recent letter from the office of the AGF had directed the EFCC to forward files on about 35 high profile cases, involving ex-governors and other prominent individuals to his AGF’s office for vetting and further directive.

    The directive ignited speculation about a possible rift between the AGF and Magu, with many expressing doubt about the AGF’ true intention. Some even claimed the directive was a prelude to the AGF’s office eventual takeover of the cases.

    Speaking in Abuja Thursday, Malami said there was no rift between his office and the EFCC leadership.

    Malami, who was reacting to questions from journalists after an event held in his office, said he did not believe the letter to the EFCC was an evidence of a right between his office and the EFCC or that his office intended to take over the cases.

    Earlier, Malami spoke about a forthcoming “national summit on justice,” slated for August 8 and 10 in Abuja. He also unveiled the upgraded Federal Ministry of Justice’s website and Freedom of Information (FOI) Compliance portal.

    Malami said the summit, to be attended by stakeholders in the nation’s justice sector, was intended to consider, adopt and validate the draft National Policy on Justice (NPJ), developed by a technical committee constituted by the Federal Ministry of Justice in 2016.

    On the need for a national justice policy, the AGF said: “Given the challenges militating against an effective administration of justice and the peculiarity of our federal system, there is the need to harmonize and integrate the various reforms initiatives into a clearly articulated National Justice Policy.

    “The policy is expected to clearly define Nigeria’s political philosophy with respect to justice delivery and provide a common direction for the justice sector stakeholders across the nation.

    “The policy, in broad term, is expected to set out a common vision and provide the guidelines for promoting an effective justice system that guarantees the freedom of the people and socio-economic development of the nation.

    “This policy will therefore, serve as a policy framework upon which relevant institutions can situate regulations and legislation in line with best practices and principles,” Malami said.

    While unveiling the upgraded website and FOI portal, Malami. Said the initiatives were in line with the objective of the Muhammadu Buhari administration to ensure transparency in the condut of government affairs.

    He said: “I am pleased to noted that the FOI portal launched today will not only help in the effective implementation of the FOI Act, but will go a long way in fulfilling the President’s Open Government Partnership (OGP) commitments in the area of access to information as manifested in the OGP national action plan.

    *As a government, we will remain focused, bold and result oriented in delivering on the promises of President Muhammadu Buhari, aimed at providing good governance to the Nigerian people,” Malami said.