Tag: Abubakar Malami

  • $9.6bn judgment: Newest elite honey pot?

    Sir: Even as President Buhari was at the United Nations General Assembly denouncing as a scam, the Process and Industrial Development (P&ID) contract with the government, which has resulted in the humongous award of $9.6 billion against Nigeria by a London commercial court, his ministers and other top government officials led by Attorney General, Abubakar Malami were in London, ostensibly in an effort to vacate the judgment. Even as the commercial court in London has granted a stay of execution of the earlier judgment, it also slapped a bill of $200 million (N72.2b) that Nigeria must deposit in the court within 60 days for the stay of execution to take effect.

    Malami who led the delegation enthused that “I am happy with today’s development in the court and see this as a positive resolution that constitutes an important step in the government effort to defend itself in a fair and just process.”

    Why would Malami be excited or “happy”, that a judgment entered in favour of a group that should have been on the run, cost of $200 million to vacate its execution?

    It appears, a section of Nigerian governing elite have discovered a honey pot for which they are desperate to scoop to its last residue. It is becoming very clear and apparent that P&ID may actually be working in cohort with those who claim to be sweating to overturn the judgment. In its latest outburst, the “international criminal group” as President Buhari called them, has found their voice. According to its statement recently, “the court has ruled that Nigeria government must put $200 million to maintain a stay of execution whilst it pursues an appeal against enforcement of the now 9.6 billion awards in favour of P&ID.”

    The phantom company with no known pedigree of project execution anywhere in the world and whose Irish founder was ensnared in many shadowy deals would also taunt that “Nigeria government will now have to put its money where its mouth is if it wants to avoid immediate seizure of assets,” adding with a good amount of scorn that, “ government’s recent media exercise to allege fraud against P&ID turned out to be red-herring.”

    The hunter has become the hunted. President Buhari’s constructive message to the world through the UN platform that Nigeria is under siege by a criminal gang was comprehensively flagged down by P&ID as “red-herring.”

    If it is not, why are the Buhari men roaming the U.K whose learned judges should have known that extra-territorial judgment infringing on other nations sovereign and territorial integrity has enormous diplomatic costs especially at a time of London political winter, when Brexit confusion is mauling its political establishment?

    If the P&ID is a scam and a London court sought to glamourize it by issuing a judgment in its favour, do we need to further deodorize the crime by appealing a judgment or, we muscularly invoke our sovereign prerogatives to denounce the judgment as blatant interference in our internal affairs especially when it has to do with a criminal group wanting to cheat Nigeria billions of dollars?

    Instead of the rigmaroles in the London court, why would not the government activate the diplomatic machinery to put the British government on notice, that a key institution of her domestic national process is putting bilateral cooperation between the two countries in jeopardy?

    Hiring legal teams both local and international, with over-bloated expense in travels and fees would be the lifeblood that would ensure that the P&ID affair will never go away, any time soon. At the end of these epic rigmaroles, negotiations with the P&ID, when all concerned would have agreed on cuts and percentages will be the ultimate deal maker and the final outcome. Our National Assembly, smelling the tantalizing honey pot are already asking to be brought on board.

    President Buhari, a staunch anti-corruption crusader with impeccable integrity will soon understand that corruption has many faces and some might actually look like those around him.

    • Charles Onunaiju, Utako Abuja.
  • P&ID: Fed Govt probes six other suspicious petroleum deals

    SIX suspicious deals allegedly entered into by the Ministry of Petroleum Resources are now being probed by the federal government to avert a repeat of the Process and Industrial Developments (P&ID) saga, The Nation learnt on Saturday.

    Nigeria is currently in court in the United Kingdom (UK) with P&ID to reverse the award of a $9.6billion debt judgement in favour of the Irish firm.

    The six suspicious agreements are awaiting arbitration, according to sources.

    Moments after returning to Nigeria from UK where he was part of the FG team fighting the P&ID debt judgement, Attorney-General of the Federation and Justice Minister Abubakar Malami (SAN), on Saturday gave an insight into how P&ID lost its bid to enforce the payment of the $9.6billion judgment against Nigeria.

    Malami said government was still weighing options on the payment of $200million security deposit as a precondition for a stay of execution of the $9.6billion.

    One of the options borders on whether or not to go to the Court of Appeal to contest the order on the $200million.

    Responding to enquiries on Saturday, Malami described the UK trip as successful.

    He said: “The outing was a sign of success since the legal team was able to convince the court to halt the execution of the judgment (payment of the $9.6 billion to P&ID) and also secure its nod to proceed on appeal against the award.

    Read Also: Buhari’s team divided over P&ID

    “The Commercial court allows a procedure by which a party praying for an order has the order drafted in the terms it requires the court to have it drafted.

    “In this case, the draft prepared by P&ID contains a provision for £250,000 legal cost and the order drafted for leave to enforce the judgment, which was considered by the court was part of it.

    “It is from the drafted order that the order for enforcement of the judgment was considered and refused while the order as to cost, which was incidental order, was not contested.

    “The implication is that the order for cost stands granted while the order for enforcement stands refused and the stay of execution was in effect granted on the terms relating to the payment of security deposit of $200 million.”

    Notwithstanding,  Malami said the Federal Government is weighing  options on the $200million security deposit demanded by the court as a condition for granting the stay of execution.

    He added: “Raising the $200m is not exclusive option at our disposal. We are studying the ruling and all other available legal and judicial options open to exploit.”

    The Nation gathered that the Economic and Financial Crimes Commission (EFCC) and other agencies are looking into six other agreements awaiting arbitration.

    “The government wants to review these agreements in order to look at the circumstances behind such deals to avert more problems for Nigeria at the arbitration table,” a source familiar with the development said.

    Details were not given.

    The UK Court on Thursday ordered a stay of execution of the $9.6billion damages secured against Nigeria by P&ID pending the determination of an appeal by the Federal Government.

    It however asked the government to make a security payment of $200million to the court within 60 days

    The court also granted Nigeria’s leave to file an appeal against the award.

    But the court upheld the award and refused to reverse the damages.

    Malami however  said the battle to quash the award has shifted to the UK Court of Appeal.

     

  • Nigeria launches battle to quash $9.6b verdict in UK

    A spirited assault to set aside the $9.6 billion arbitration judgment against Nigeria has been launched by the Federal Government.

    A government’s high-powered team is in London ahead of Thursday’s court session in the matter against Process and Industrial Development (P&ID).

    Besides, the Economic and Financial Crimes Commission (EFCC), which secured conviction and forfeiture order against P&ID Nigerian affiliate, has filed charges against two firms linked to P&ID.

    The anti-graft agency is also set to put James Nolan, an associate of the owner of P&ID, the late Michael Quinn, on trial.

    The three suspects may forfeit all their assets in Nigeria to the Federal Government.

    The firms are Goidel Resources Limited and  ICIL Limited.

    It was also learnt that the Federal Government may seek the extradition of  Adam Quinn.

    Those on the high-powered delegation has been sent to London are the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN); Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele;   Inspector-General of Police Mohammed Adamu; Acting Chairman of the EFCC, Mr. Ibrahim Magu and Minister of Information Lai Mohammed, among others.

    Malami on Sunday said the Federal Government had not ruled out the possibility of filing a new case in the UK against P&ID.

    He confirmed that a Nigerian delegation had left for London to discuss with the legal team on strategies of  dealing with the case.

    The minister said: “The Nigerian delegation has left for the United Kingdom to discuss with the legal team on strategies dealing with the recent development regarding the P&ID contract judgment.

    ”All cards are on table but it all depends on the potency for setting aside the award having regards to the applicable law in the circumstances.

    Read Also: Nigeria to earn fresh $6.35b in taxes, royalties

    “No possibility is ruled out, including possibility of filling new case and or using existing proceedings to seek relief of setting aside the award (of the contract) cannot be ruled out”.

    Some of those on the Federal Government team to London for the legal battle, might present documents and reports;  swear to affidavits on the investigations conducted on P&ID and the outcome. They might also serve as witnesses.

    It was gathered that the Federal Government delegation will weigh all options, either to build on existing case or file a new case against P&ID.

    Investigation by our correspondent revealed that, although the charges against the three suspects were filed on Friday, no date has been fixed for hearing.

    It was gathered that more Nigerian suspects and companies will face trial in the next few days.

    A source, who spoke in confidence, said: “We have a long list of suspects linked with the Gas Supply and Processing Agreement (GSPA) between the Federal Ministry of Petroleum Resources and P&ID.

    “On Friday, we filed charges against two companies (Goidel and ICIL) and one James Nolan, who was an associate of the owner of P&ID,  the late Michael Quinn.

    “We are awaiting a date for the hearing of the charges against the two firms and James Nolan. We hope their arraignment will come up any moment from now.

    “This is the second time James Nolan will be charged to court in Nigeria. In 2006, Michael Quinn and James Nolan were charged with six others before a Federal High Court on some charges bordering on arms trade challenges and alleged  spying for the Russian embassy.

    “The charge sheet then indicated that they were contractors to the Federal Ministry of Defence.”

    The top source added: “We resorted to this option in order to enable us initiate extradition process for Adam and Cahill because they were vital to P&ID operations in Nigeria.”

     

     

  • $9.6b judgment: Reps summon Malami, Sylva

    ATTORNEY-GENERAL and Minister of Justice Abubakar Malami and Minister of State Petroleum Timipre Sylva have been summoned by the House of Representatives over the $9.6 billion judgment debt against the country in the United Kingdom.

    The angry lawmakers took the decision at plenary on Wednesday after deliberating on a motion of urgent national importance moved by Prof. Julius Ihonvbere.

    The House observed that “this embarrassing judgment exposes a deep decay in our governance and leadership infrastructure with far-reaching implications for the credibility of the country’s capacity to handle business and legal cases.”

    It mandated a 17-man ad Hoc Committee to invite the ministers and other government officials that are connected to the deal.

    According to the Green Chamber, the minsters are to give report on the huge cost awarded in favour of Process and Industrial Development (P&ID) Limited, and explain the lapse in judgment of time and due diligence in the  handling of the case with a view to finding lasting solutions to the avalanche of extant and future cases.

    The lawmakers are also to invite other officials of the ministries, saddled with the responsibility to negotiate the agreement with P&ID and the prosecution of the matter before the tribunal.

    The committee is headed by a Katsina State All Progressives Congress (APC) lawmaker Sada Soli.

    The resolution was sequel to the passage of a motion sponsored by Ihonvbere.

    Ihonvbere noted that the $9.6 billion (with daily interest accruing) by a commercial court in the United Kingdom (UK) against Nigeria, “leaves a very sour taste in the mouth.”

    He said for a country with a foreign reserve of only $45 billion and a sovereign debt profile of over $80 billion, the judgment debt is not only punitive but would devastatingly affect the economy.

    The lawmaker said: “Aware of the fact that Nigeria has a penchant for disregarding the sanctity of contracts and terms of agreement, coupled with the failure of Nigeria’s representatives in many cases, to carefully or diligently scrutinize agreements they sign knowing that the consequences will affect past and future generations.

    “Aware also that Nigeria had entered into a Gas Supply and Processing Agreement (GSPA) with P &ID Limited, in January 2010, through the Ministry of Petroleum Resources with the understanding that Nigeria would supply natural gas (wet gas) at no cost, through a government pipeline to P&ID’s production facility, while P&ID in return would construct and operate the facility, process the wet gas and return to the government of Nigeria lean gas for the generation of power at no cost to Nigeria.”

    He noted that two years down the line, P&ID had not built any gas plant to which Nigeria could supply wet gas for processing, signifying in the first place that the move to Arbitration was opportunistic and grossly self-serving.

    Ihonvbere said: “Cognizant of the fact that, the matter went before an Arbitration Tribunal, under the Rules of the Nigerian Arbitration and Conciliation Act 2004, with London, England as place of Arbitration.

    Read Also: Over N259.5b looted funds recovered – Malami

    “After affirming its jurisdiction in the matter, the Tribunal began hearing to determine whether or not there were any repudiatory breaches of contract. At this point, there was an attempt by the Ministry of Petroleum to reach a settlement agreement with P&ID Limited to the tune of $850 million, payable in installment which obviously was not diligently pursued.”

    Ihonvbere expressed concern that the agreement was somewhat shrouded in secrecy and as such apparently dubiously procured, “as those who ought to know about its existence did not and more importantly, the relevant laws in Nigeria for the transaction to be consummated was not applied especially, Part IV of the Bureau of Public Procurement Act 2007 which deals with the fundamental principles of procurement.”

    According to him, it was alarming “that it took the new government more than four months to respond to the vital arbitration judgement of about $9.6 billion with a ridiculous excuse that there had been a change of administration in Nigeria and that ministers, including the Attorney-General had only just been appointed thus asking for an extension of time to act on the outcome of the arbitration tribunal.”

    He said it was equally alarming that, rather than engage P&ID in the matter before the tribunal with robust legal arguments and interpretations; Nigeria was busy shopping for a favourite forum to plead her case in a court in Lagos, Nigeria.

    The ad hoc committee is to recommend appropriate sanctions where necessary without fear or favour or preference for status in line with Order 14 of the Standing Orders of the House.

    It will also initiate a process of reviewing all agreements and treaties signed by Nigeria through the appropriate committees to create opportunities to discover anomalies and avoid a repeat in the future.

     

  • Fed Govt committed to unhindered access to justice, says Malami

    THE Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami, has said the Federal Government remains committed to providing better life for downtrodden Nigerians through unhindered access to justice.

    The AGF spoke in Lokoja, the Kogi State capital, while declaring open a two-day management retreat organised by the Legal Aid Council of Nigeria (LACN), with the theme: Repositioning Legal Aid Council for Better Service Delivery.

    He said the LACN, which was set up to provide free legal services to poorer Nigerians who cannot afford the services of private legal practitioners, would ensure that every Nigerian has access to justice, irrespective of their financial status in the society.

    Malami explained that as part of efforts to address the funding challenge facing the council, he had approved the establishment of Legal Aid Access to Fund, in line with the provisions of the Legal Aid Act (2011).

    Read Also: Malami distances self from Rivers election

    The AGF added that the committee set up for that purpose would soon submit its report for formal launching of the fund.

    LACN Director General Aliyu Abubakar said the management retreat was organised to examine the state of affairs in the council in order to proffer holistic solutions for the purpose of repositioning it for better performance in the years ahead.

    He said the council working with other stakeholders had over the last 40 years helped in rendering free legal services to indigent Nigerians across the country.

    The Chief Judge of Kogi State, Justice Nasir Ajanah, and the state Controller of Nigeria Correctional Service, Malachi Ohokposi, noted that the services of the LACN in the state had quickened the administration of criminal justice as well as decongestion of correctional facilities.

     

  • No sacred cows in $9.6b judgment probe

    THE Attorney-General of the Federation and Minister of Justice, Mallam Abubakar Malami (SAN) on Sunday said there would be no scared cows in the ongoing probe of the criminal conspiracy surrounding  the  $9.6billion judgment debt against Nigeria.

    He also said the investigation would be extended beyond the shores of the country.

    According to him, the investigation could establish proof of fraud behind the award of the contract and other underhand deals. In addition, it will afford Nigeria the opportunity to set the judgment debt aside.

    He asked Nigerians to ask the PDP government that awarded the contract why it was given to a company, whose address is in care of a lawyer’s office.

    He, however, said judges are not under investigation by the Nigerian Financial Intelligence Unit(NFIU).

    Malami, who spoke during a chat with some reporters in Abuja, said there are no limitations as to who should be invited.

    He made the submissions while reacting to a question on the interrogation of a former Chief Justice of Nigeria, Justice Alfa Belgore by the Economic and Financial Crimes Commission (EFCC) over his role in the award of the $9.6billion damages against Nigeria.

    Although the AGF refused to mention any name, he said all those implicated in the deal were being investigated.

    He said: “There is indeed investigation being intensively and extensively carried out by agencies of government and it is indeed unearthed, borderless and there are no limitations as to who and who can be invited and not invited.

    “I won’t like to speak on the personalities but I want to state categorically that those that were involved in the process of drafting the agreement;  in the process of signing and executing the agreement; in the process of the conduct of arbitration; in the court of the trial before the high court relating to a subsequent case that was filed and all  other personalities of interest( local and international) are indeed being investigated to get to the bottom of what indeed transpired for the purpose of establishing the existence  or otherwise of fraud, conspiracies within the parties or among the parties.”

    Malami said the President Muhammad Buhari administration will not sell out the interest of the nation to satisfy some selfish Nigerians.

    He added: “However, I want to say that while I don’t wish to say so much on the P&ID matter, I want to state clearly that the Nigerian Government will not sell out the interest of the country and the Nigerian people in order to satisfy some elements who are consciously out to extort the Nigerian people for their selfish aggrandizement.

    Read Also: Malami: what Buhari told me about justice ministry

    “It is to be noted that while we are willing and ready to negotiate and meet the terms of agreements reached with all genuine investors which have done business or are still doing business with Nigeria on mutually beneficial terms, we will not allow fraudulent local and foreign collaborators to rip off the resources of Nigeria for no just cause in order to be seen as being nice or ‘investor-friendly’.

    “Those who are clapping for P&ID and blaming Abubakar Malami and the Buhari administration for the huge  $9.6 billion slammed on the country as a result of the so-called Gas Supply and Processing Contract awarded the firm on January 11, 2010, five years before President Buhari came to power and I became minister, should be kind enough to ask those who awarded the ‘so-called contract’ what it was all about and why there was no attempt by either those who awarded the contract and the contractor to implement even an aspect of it.

    “Nigerians should also ask the PDP government that awarded the contract why it was given to a company, whose address is C/O of a lawyer’s office: Trident Chambers, P.O Box 146, Tortola, British Virgin Island and that means the company does not have an office of its own and has no record of executing any project of any kind close to what it was awarded in Nigeria.”

    Malami raised six posers which Nigerians should ask the PDP government which awarded the contract.”

    • In whose interest was the critical contract awarded and what was it to achieve?
    • Why was the centre of arbitration taken to London, and not Nigeria, a sovereign nation?
    • Why was the contract not passed unto the Federal Ministry of Justice for vetting?
    • Why was the Federal Executive Council’s approval not sought for in the execution of the agreement?
    • Was there any Direct Capital Inflow arising from the contract?
    • Was NNPC, NPDC and IOC’s who were to have supplied the gas component of the agreement not made parties to it?

    “So, it is clear from all indications that the so-called contract was a well-organized scam consciously, deliberately and intentionally orchestrated by some dubious and well-placed Nigerian government officials at the time with some shrewd foreign collaborators to defraud Nigeria and inflict heavy economic and financial loss on Nigeria and its people.

    “There is a comprehensive report by Bloomberg BusinessWeek on the whole scam and those who want to know more about the so-called contract can read up on: Is One of the World’s Biggest Lawsuits Built on a Sham?”

    He insisted that Nigeria has a case if it could prove the fraud surrounding the award of the gas contract to Process and Industrial Developments (P&ID).

    He said: “The truth of the matter was that as at the time we came on board as a government, there was already in existence of an award and a quantum determination of about $6.9billion. As at the time we came in place, the time with which could have appealed had already elapsed. There was no time for us to appeal because the previous administration had not appealed against the award when it was made in June 2014.

    “So, with the lapsing of the time to appeal, you could not have filed an application to either set aside the award or to stay execution as of right. You require the leave of the tribunal to appeal the award. And that leave could have been very difficult process because Nigeria as at then could have been adjudged to have slept over its right to appeal which you could do within a regulated time.

    “So, the only immediate option open then was to consider the possibility of negotiating. And that was what informed our decision to accommodate the possibility of negotiation.

    “But along the line, many facts came to light inclusive of the fact that gave rise to the possibility of insinuations of fraudulent underhand among the parties involved. And for your information, legally speaking, fraud could be a ground for setting aside an award without necessarily having to go through the route of seeking for leave.  So, if you can establish fraud, there is no time limit within which you can raise it

    “So, when fraudulent insinuations manifested arising in the course of engagement, it is only logical that Nigeria should have a consideration for investigation as relating to fraudulent elements which could afford the country an opportunity to have the entire award set aside if fraud can now be established.

    “An issue was raised about lack of diligent prosecution. I have stated earlier that the lawyers that were on board as at the time this award came in place were engaged by the previous government as at the time the award was made in June 2014. And when we came on board, we had cause to intensify the existing legal consortium and we brought in additional lawyers to strengthen the team.

    “Even if indeed and in fact any case at any point was struck out, the implication is that it was struck out at a time when the lawyers engaged by the previous administration were handling the matter because as at the time we came on board, all opportunities for appeal, setting aside, stay of execution were closed taking into consideration that the time in which to appeal had indeed elapsed.”

  • Buhari committed to wellbeing of the masses – AGF

    THE Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) has said that the Federal Government remains committed to providing better life for downtrodden Nigerians through unhindered access to justice.

    Malami spoke in Lokoja, Kogi State while declaring open a two-day management retreat organised by the Legal Aid Council of Nigeria with the theme: “Repositioning Legal Aid Council for Better Service Delivery”.

    He said that the Legal Aid Council of Nigeria as an organization set up to provide free legal services to poorer Nigerians who cannot afford the services of private legal practitioners, would go a long way in ensuring that every Nigerian has access to justice irrespective of their financial status in society.

    He said that as part of efforts to address funding challenge facing the Legal Aid Council of Nigeria, he has approved the establishment of “Legal Aid Access to Fund” in line with the provisions of the Legal Aid Act 2011, adding that a committee set up for that purpose would soon submit its report for formal launching of the fund.

    Read Also: Court orders parties to exercise restraint in Yari’s case against AGF, EFCC

    The Director General, Legal Aid Council of Nigeria, Aliyu Abubakar, said the management retreat was organized to look at the state of affairs of the council in order to proffer holistic solutions for the purpose of repositioning it for better performance in the years ahead.

    Chief Judge of Kogi State, Justice Nasiru Ajanah and Kogi State Controller of Nigeria Correctional Service, Malachi Ohokposi, in their separate goodwill messages said the services of the Legal Aid Council in the state had helped in quick administration of criminal justice as well as decongestion of correctional facilities in the state.

     

     

  • Nigeria considers legal option against South Africa

    THE xenophobic attacks on Nigerians and others in South Africa have festered because of the failure of that country’s government to act as required, Federal Government officials said on Thursday.

    The Federal  government argued that South Africa was obligated under the African Charter on Human and People’s Rights,  the United Nations Charter and other international human rights instruments to protect foreign nationals in its territory.

    It is considering suing the South African Government before the African Court of Human and Peoples Right in Arusha, Tanzania in a bid to compel South Africa to perform its responsibility of protecting Nigerians in the country and seeking compensation for victims of the attacks.

    This position is contained in a memo currently awaiting the final approval of the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami, a copy of which The Nation sighted in Abuja on Thursday.

    It was learnt that the memo was a culmination of deliberations by senior officials of the Federal Ministry of Justice and other experts on how best Nigeria could address the South African crisis in view of the country’s refusal to yield to past diplomatic overtures.

    Part of the document reads: “Nigeria is entitled to take actions in this xenophobic attacks on her citizens because South Africa has blatantly and with impunity failed to apply the ‘National Treatment Principle’ – treatment equal to that given by South Africa to its own nationals, to foreigners within its territory and consistently encouraged gross violation of the Fundamental Rights and Freedoms of Nigerian citizens living in that country.

    “Furthermore, when a state disregards the application of either, the International Minimum Standards or the National Treatment Principle, by resorting to killings, indiscriminately arresting and violating the fundamental rights and freedoms of foreign nationals in its territory, it is a clear violation of Article 55 (c) of the United Nations Charter and other International Human Rights.

    “It must be unequivocally stated that Nigeria owes all its citizens in South Africa the obligation to protect and defend them.

    “This obligation, Nigeria must immediately exercise by calling for a meeting to collate the numbers of Nigerians affected, the nature of injury suffered and the estimate of individual losses.

    “Following repeated incidences of killings, maiming and destruction of properties of Africans especially Nigerians living in South Africa and since it appears diplomacy has failed to prevent the South Africans from committing xenophobic attacks on foreigners, particularly Nigerians; it behooves the Federal Government to exercise its duty under International law to protect the rights of its citizens in diaspora.

    “It is an elementary principle of international law that a state is entitle to protect its subjects, when injured by acts contrary to international law committed by another state, from whom they have been unable to obtain diplomatic action or international judicial proceedings on his behalf, a state is in reality asserting its own rights- its right to ensure in the person of its subjects, respect for the rules of international law.

    “In a South African reported case- Kaunda v. President of the Republic of South Africa, which lends credence to the Nigeria’s position, the Constitutional Court of that country (South Africa) states that:

    ‘There may… be a duty on government, consistent with its obligations under international law to take action to protect one of its citizens against a gross abuse of international human right norms.

    ‘A request to government for assistance in such circumstances where the evidence is clear would be difficult, and in extreme cases, possibly impossible to refuse. It is unlikely that such a request will ever be refused by government, but if it were, the decision will be justiciable and the court will order the government to take appropriate actions.’

    Read Also: Nigeria draws red line with South Africa over killings

    “Thus, even if Nigerian government is refusing to act in this circumstance, Nigeria can be compelled to take actions by the court.

    The decision of the South African Constitutional Court is further corroborated by Article 19 of the Draft Articles on Diplomatic Protection which provides that:

    ‘A state is entitled to exercise diplomatic protection according to the present draft articles, give die consideration to the possibility of exercising diplomatic protection, especially when a significant injury has occurred; take into account, wherever feasible, the views of injured persons with regard to resort to diplomatic protection and the reparation to be sought; and transfer to the injured person any compensation obtained for the injury.’

    A senior official of the Federal Ministry of Justice, confirmed that the ministry was working to ensure the prompt institution of the case in few days from now.

    He said: “We are entitled to sue where diplomacy appear not to be working in this case and the South African authorities seem complicit.

    “Nigeria is a party to the African Charter on Human and Peoples Rights, having ratified the charter on June 22, 1983.

    “The country has also ratified the Protocol to the African Charter on Human and Peoples Rights on the establishment of an African Court on Human and Peoples Rights since  20th May, 2004.

    “So, we can approach the court to seek redress for Nigerians who are victims of this senseless and unprovoked attacks,” the official said.

  • Malami: what Buhari told me about justice ministry

    MINISTER of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN), on Wednesday told staff of the Ministry of Justice  that President Muhammadu Buhari confided in him that he was happy with the ministry’s achievement in his first term in office.

    Malami, who described his reappointment as his second home coming to the ministry, urged the staff to rededicate themselves to the service of fatherland, because there is more work to be done in this administration’s quest to grow the country.

    Malami spoke during a brief reception held in his honour by some senior staff of the Federal Ministry of Justice at the ministry’s conference room.

    He said: “The fact that I am, at the pleasure of the President, reconsidered for reappointment as the Minister of Justice and Attorney General of the Federation (AGF) is, indeed, an endorsement of our collective contribution to the development of this nation.

    “Shortly after inauguration, Mr. President invited me exclusively and further reiterated that he was happy with what the Ministry of Justice has done and encouraged us to do more in driving the policies of this government. “

    Malami said he planned to unveil the ministry’s agenda today. He said the agenda would be tailored towards supporting the President’s agenda for the country’s development.

    He said praised the staff for the warm reception accorded him and urged them to accord him the type of support given him during his first appointment.

    Read Also: Malami: Harvest of controversies, achievements

    “Arising from that, we have a collective responsibility to work as a family. I do not claim perfection, but I believe in accessibility.

    “I will continue to make myself accessible to all and will be opened to meaningful contributions and suggestions that will advance the interest of the nation, our collective interest in the service of the nation and our collective welfare in the pursuit of the common goal, which is the development of the nation,” Malami said.

    While welcoming Malabi back to the ministry, Permanent Secretary and Solicitor General of the Federation (SGF), Dayo Apata said the staff were pleased to have him back to the ministry in his second coming.

    Apata assured Malami of the support and cooperation of the staff.

  • AGF files charge against two INEC officials over alleged electoral fraud

    The Attorney General of the Federation and Minister of Justice, Abubakar Malami has initiated criminal proceedings before the Federal High Court in Abuja against two officials of the Independent National Electoral Commission (INEC) for their alleged involvement in electoral malpractices.

    In a five-count charge, signed by Labaran Magaji, the INEC officials were identified as Sulaiman Ikhuoriah, male, 36 years and Olugbenga Omotiloye, male, 50 years.

    Ikhuoriah, whose address was given as: No.13 Aisosa Street, Off Okhoro Road, Benin City,  was said to have served as aCollation Officer for Ward 6 in Saint Maria Gorreti Secondary School, Benin during the last general elections.

    Omotiloye’s address was given as: Plot 1, Longe Street, Okoh Central, Benin City, Edo State.

    The two defendants were accused of falsifying results in favour of the Peoples Democratic Party (PDP) and its candidate against the All Progressives Congress (APC) and its candidate.

    Spokesman to the AGF, Salihu Isah, who disclosed this in a statement issued late Monday evening, said the five-count charge filed against the defendants was in relation to the complicity in electoral malpractices in the 2019 Presidential and National Assembly elections held in Ikpoba-Okha Local Government Area of Edo state.

    Isah, who was silent in the charge number and the day it was filed, said the AGF brought the charge pursuant to Sections 104 and 379 of the Administration of Criminal Justice Act, 2015.

    He said the defendants were, in the charge  filed by Magaji Labaran, a Principal State Counsel in the Department of Public Prosecution of the Federal Ministry of Justice, on behalf of the Attorney General of the Federation and Minister of Justice, accused of committing the offence in their capacity as electoral officials of the Independent National Electoral Commission on and around the 23rd day of February, 2019 during the Presidential and National Assembly polls in Ikpoba-Okha Local Government Area of the state which is within the jurisdiction of the honourable court.

    “They were alleged to have conspired among themselves and with others now at large and upon receipt of an offer to procure the return of the Peoples Democratic Party (PDP) and its candidate in the House of Representatives elections for Egor/Ikpoba-Okha Federal Constituency in Edo State thereby committing an offence punishable under Section 123 (1) of the Electoral Act 2010 (as amended).

    “Ikhuoriah was also alleged to without lawful excuse acted in breach of his official duty by placing a call to Honourable Ehiozuwa Johnson Agbonayinma and requested him through a telephone conversation for gratification for the purpose of delivering his ward to his party, the PDP during the elections.

    “This he did erroneously thinking he was discussing with the PDP chairman, not knowing he was talking to Hon. Agbonyinma of APC.  By doing this, he has committed an offence punishable under Section 124 (b) of the Electoral Act 2010 (as amended).

    “The Collation Officer is also accused to have received the sum of a hundred thousand naira as bribe for delivering the ward for his supposed paymaster, the PDP candidate; which is an offence punishable under Section 124 (b) of the Electoral Act 2010 (as amended).

    “On his part, and as count four, the Electoral Officer, Olugbenga Omotiloye while serving in his capacity as INEC electoral officer on the 2nd day of March, 2019 at Bishop Kelly, beside St. Paul’s Catholic Church, Airport Road, Benin City held a meeting with Honourable Ise-Edehen and collected the sum of one hundred thousand naira as gratification.

    “The sum collected is said to be in appreciation of his effort in ensuring that PDP won the election during the February 23rd National Assembly polls for Ikpoba-Okha Local Government Area,” Isah said.

    Isah added that Omotiloye, on the 25th February, 2019 was directed not to take the Senatorial election result to Eghosa Grammar School which he complied in clear breach of his lawful duty thereby committing an offence punishable under Section 123 (3) of the Electoral Act 2010 (as amended).

    Some of the counts in the charge read: “That you Sulaiman Ikhuoriah, male, 36 years old, of No. 13 Aisosa Street, off Okhoro Road, Benin City, Edo State, on 26th February, 2019 at Mr. Biggs, opposite the NNPC Mega Filling Station, Sapele Road Benin City, received the sum of N100,000.00 (One Hundred Thousand Naira) only as bribe for delivering your Ward, thereby committed an offence punishable under Section 124 (b) of Electoral Act 2010 (as Amended).