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Tag: Abubakar Malami

  • Judge’s arrest: Reps threaten Malami with warrant of arrest

    Judge’s arrest: Reps threaten Malami with warrant of arrest

    …As ICPC backs DSS

     

    The House of Representatives has threatened to issue bench warrant of arrest against the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami if he fails to appear before its investigative panel next Tuesday.

    According to Garba Datti, who chairs ad hoc Committee investigating cases of invasion of property and arrest of persons for reasons outside the general duties of the State Security Services as prescribed by the National Securities Act, since 29th May, 2015, the AGF has refused to honour the Committee’s invitation twice while also declining  to make official submission to the Committee.

    Datti said: “The only area we are having problem is the AGF who is the Chief law officer. We sent letters to him, no answer and no memorandum from him. Before the public hearing, we had summoned him even today (Thursday), he did not appear or sent any representation.

    “This Committee is disturbed by the non-appearance of the AGF. We have given him the opportunity to appear on Tuesday (next week) 29th November, failure of which this Committee will invoke all the relevant laws that give us power for arrest.”

    However, while the Independent Corrupt Practices and other related Offences Commission (ICPC) said the SSS has not erred by the search and alledged arrest of the  judicial officers, the Economic and Financial Crimes Commission (EFCC) disclosed that it was not involved in the alleged searh and arrest of the judges.

    The EFCC however disclosed that it was also investigating some judicial officers.

    ICPC Chairman, Nta  Ekpo Nta backed his asertion with legal instruments, saying,  “Section 3(1) of the SSS instrument I of 1999 provides that: “For the purpose of facilitating the discharge of its functions under these instrument, personnel of the State Security Services are hereby conferred with the powers of Superior Police officer in respect of searches and
    arrest.”

    “Likewise, section 3 (2b) of the SSS Instrument I of 1999 provides that in the execution of its functions set out in the Instrument, the SSS shall have power to “impound and keep in its custody the passports or any other property of persons or organizations under investigation if considered appropriate by the Director-General.”

    On his part,  EFCC Chairman, Ibrahim Magu, who was represented by Johnson Ojogbana, Assistant Director (Prosecution) said his agency was empowered to initiate investigation of individual, organisation or any judges including public or political office holders.

    According to him, the anti-graft agency’s statutory powers include investigation and prosecution of all financial and economic crimes and any form of fraud, narcotic drug and trafficking, money laundering, embezzlement, bribery, looting and any form of corrupt malpractices.

    “I can say that EFCC was not involved in that wee hours operation. We have been investigating some judges and our modus operandi have been painstaking. We have not investigated all of them (judges), a few of them filed petitions and investigations are ongoing,” he said.

    While noting that complaints against the incidence should not be equated with opposition to the anti-corruption fight, Ojogbana said it was the methodology employed that was questioned.

    “There is a way to do something good and it becomes bad. It is the duty of the committee to review procedures of operations of the security agencies to be in line with the democratic tenets,” he added.

  • Buhari to sign executive order on transparency in govt – Malami

    Buhari to sign executive order on transparency in govt – Malami

    Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN on Monday disclosed that, as part of his efforts to entrench his fight against corruption, President Muhammadu Buhari will soon sign an executive order on transparency and efficiency in government.

    Speaking at the National open government partnership retreat in Kaduna State, the Minister said “Corruption remains one of the biggest impediments to National development. It is illegal and illegitimate. It concerns actions that are often clandestine and practices that those who perpetrate it always try to conceal.”

    He continued that, “Numerous scholars insist that many of the political, social and especially economic problems we face in Nigeria is still traceable to the problem of corruption.”

    Malami also commended the Kaduna State Government, Governor Nasir El-Rufai, saying “We settled for hosting this event in Kaduna for many reasons including the fact that Governor Nasir El-Rufai has made significant efforts in engaging with the citizens and In the publication of Budget information as well as his desire to fast track the development of open government partnership principles in Kaduna State. It is my hope that Kaduna State can become a pilot state for the purpose of implementing OGP principles at the sub National level.”

    “The open government partnership is a multi-stakeholders initiative focused on improving transparency accountability citizen participation and responsiveness to citizens  through technology and innovation. OGP was formally launched in 2011 when the 8 founding governments Brazil, Indonesia, Mexico, Norway, the Philippines, South Africa, the United Kingdom among others, saying Nigeria formally joined in in July 2016. 

    “Let me reiterate that the FGN will continue to pursue reform program on transparency and accountability through targeted measures based on the commitments that we have made to promote fiscal transparency open procurement open contracting access to information asset disclosure citizen engagement and empowerment.”

    However he said “dwindling oil revenue government is desirous to continue to provide an enabling environment to attract foreign investors in order to diversify the economy. President Buhari has made it clear that Nigeria is open for business and has assured the world that illicit finance will have no hiding place in our country. 

    “In the coming weeks, the president will sign an executive order on promoting transparency and efficiency for the creation of an enabling business environment in Nigeria that will mandate all ministries, agencies and department to adopt openness in contracting procedures and publishing of contracts.”

    In his own remarks, Kaduna State Governor Nasir El-Rufai, represented by his Deputy Barnabas Bala Bantex said, “This government believes that the governance standards embodied in the Open Government Partnership are very helpful in advancing the implementation of transparent and result-oriented government.

    “In Kaduna State, we are cooperating with BudgIT on budget transparency, and everyone already knows that we insist on open competitive bidding for our contracts. Hardly a week passes without us publishing tenders in the newspapers. We have also established a platform for citizen engagement, with the Eyes and Ears project that confers on citizens the capacity to engage in real-time monitoring of our projects.”

    According to him, “these efforts towards open government are being acknowledged by our development partners.”

  • Forgery: AGF’s ‘tardiness’ stalls Saraki, others’ trial

    Forgery: AGF’s ‘tardiness’ stalls Saraki, others’ trial

    The scheduled commencement of trial in the alleged forgery case against the Senate President, Bukola Saraki, and three others was stalled on Wednesday due to delay on the part of the Minister of Justice and Attorney General of the Federation (AGF),  Abubakar Malami.

    Leader of the prosecution team, Aliyu Umar (SAN), told a High Court of the Federal Capital Territory (FCT) in Jabi, Abuja, that over a month after the AGF constituted his team to prosecute the case, it was yet to be furnished with necessary materials for its prosecution.

    Umar said, while the AGF was yet to avail his team with the case file, some of the motions filed by the defendants, particularly the one filed by Saraki since June, challenging his trial, was only brought to his (Umar’s) attention on September 26.

    He sought an adjournment to enable him “put his house in order” and prepare his reactions to the series of motions filed by the four defendants in their opposition to the trial.

    Umar’s revelation and his subsequent application angered everyone in court including the judge and lawyers to the defendants.

    The trial judge, Justice Yusuf Halilu, expressed reservations over the prosecution’s request for adjournment and its inability to respond to the motions filed by three of the four defendants after 90 days.

    Defence lawyers – Paul Erokoro (SAN), Joseph Daudu (SAN), Ikechukwu Ezechukwu (SAN) and Mahmud Magaji (SAN) – frowned at the development, describing it as a ploy by the prosecution to frustrate the trial, having realised that it has no case against the defendants.

     

  • CJN, AGF flay conflicting court judgments

    CJN, AGF flay conflicting court judgments

    The Chief Justice of Nigeria, Justice Mahmud Mohammed, Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN) and a leader of the Body of Senior Advocates on Nigeria, T. J. O. Okpoko (SAN), on Monday expressed dismay at the rising trend of conflicting judgments by courts in the country.

    Justice Mohammed, Malami and Okpoko said instances where lower courts of coordinate jurisdiction render conflicting judgments on similar cases and at some instances, ignore established precedents were harmful to the integrity and reputation of the judiciary.

    The CJN, who disclosed that the worrying trend was currently being investigated by the National Judicial Council (NJC), assured that appropriate punitive actions would be taken against judges found wanting in this regard.

    Justice Mohammed, Malami and Okpoko spoke in Abuja during a special court session to mark the commencement of the Supreme Court’s 2016/2017 new legal year and the swearing-in of newly conferred Senior Advocates of Nigeria.

    In all, 22 lawyers including the Director General of the Nigerian Law School, Olanrewaju Onadeko, were conferred with the rank.

    The CJN said: “It is with great trepidation and dismay that I note the growing disregard for laid down precedent in decisions from various levels of courts, even the appellate court.

    “I am of the firm conviction that every court in Nigeria is bound by the decisions of the Supreme Court and shall not graft a different outcome from those expressly laid down by the Supreme Court.

    “Such departures from precedent therefore risk creating the type of confusion, which is inimical to the trust reposed in us by the people and we risk our reputations, our integrity and even our existence by such indiscipline.

    “Several conflicting decisions were recklessly dished out by the Court of Appeal last year in appeals arising from various decisions of the election petitions tribunals, given on election petitions filed by the parties who lost in the general elections conducted in April 2015. “

  • FG sues Turkish Airline over violation of CPC law

    The Federal Government has dragged the Turkish Airlines before a Federal High Court, Abuja, over alleged violation of the Consumer Protection Council (CPC) law and impunity.

    A statement signed by CPC, said the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), filed a three-count charge against the airline and two of its principal officers, Liker Ayci and Rasak Shobowale, the airline’s Board Chairman and Commercial Manager respectively before Federal High Court 11 in Abuja.

    The statement said, “The prosecution came on the heels of the consistent refusal of Turkish Airlines to respond to lawful requests of CPC for a full situation report on the airline’s alleged shoddy treatment of passengers of Flight 623 from Istanbul to Abuja on 25th and 31st of December 2015 and 9th of January 2016, which prompted the Council to approach the Office of the Attorney General of the Federation for the prosecution of the airline.

    “According to the charge list with number FHC/ABJ/CR/147/21, the Federal Government alleged that the three accused persons between the 20th December 2015 and March 2016 without sufficient cause refused to provide the Consumer Protection Council documents on Turkish Airlines’ policy on delayed baggage, thereby committing an offence punishable under section 18 of the CPC Act.

    “The accused persons were also arraigned before the court for allegedly neglecting, without sufficient cause, to attend and testify before CPC on the number of passengers aboard Turkish Airlines Flight 623 from Istanbul to Abuja on 25th and 31st of December 2015 as well as 9th of January 2016, who were affected by its untimely delivery of baggage, thereby committing an offence punishable under section 18 of the CPC’s enabling law.

    “The Federal Government also accused the airline and its two principal officers of violating the same section of the CPC Act by neglecting, without sufficient cause, to attend and testify before the consumer protection agency on the detailed steps taken by the airline to provide redress and compensation to passengers aboard its Flight 623 from Istanbul to Abuja on the said dates, who were affected by its untimely delivery of baggage.

    “The prosecution of the airline and its principal officers followed warning by the Federal Government to the airline to respond within 21 days to the Consumer Protection Council’s request for full situation report on the airline’s alleged shoddy treatment of passengers of flight TK 623 of Sunday December 20, 2015 and other subsequent flights during the yuletide or face prosecution.”

    The AGF had, in a letter dated March 17, 2016, signed on his behalf by the Director of Public Prosecution of the Federation, Mohammed Saidu Diri, threatened to prosecute the Turkish Airlines in the event of its failure to respond to the Council’s lawful demand for the full situation report, irrespective of the airline’s engagement with any other relevant agency.

  • ‘Proposed NASS immunity, pension laws, a Coup against Nigerians’

    ‘Proposed NASS immunity, pension laws, a Coup against Nigerians’

    A lawyer and rights activist, Kabir Akingbolu, has asked the Federal High Court in Lagos to stop the National Assembly (NASS) from passing any law that will grant immunity and life pension to principal officers of the Senate and House of Representatives.

    Akingbolu said the lawmakers’ move violates constitutional provisions against corrupt practices and abuse of power, and is also ‘a coup against the people.’

    Apart from the NASS, other defendants to the suit are Senate President, Bukola Saraki; Speaker, House of Representatives, Yakubu Dogara and Attorney-General of the Federation, Abubakar Malami.

    The plaintiff argued that considering the provision of Section 14 (1) and (2) (b) of the 1999 Constitution (as amended), NASS’ move to propose pension for its leaders is unlawful.

    Alluding to Sections 15(5), 16(1)(b), (2)(a)(b) and 17 (1) of the Constitution, Akingbolu argued that the proposed laws will put resources ‘meant for the common good’ in the hands of a few individual, and also encourage corrupt practices.

    “For decades, no member or officer of the National Assembly has been granted immunity and there was no harassment of the holders of the said offices.

    “The move to immunize the officers of the National Assembly against liability for offences while in office is anti-people and unconstitutional because every citizen of Nigeria is equal before the law.

    “All over the world, there is nowhere the members of the legislature are granted immunity against offences and the granting of same is crude, archaic and an attempt to bring lawmakers above the people and the law,” Akingbolu said.

    No date has been fixed for hearing of the suit.

  • Senate: Forgery investigation concluded before my appointment – AGF

    Senate: Forgery investigation concluded before my appointment – AGF

    The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, on Wednesday told the Senate Committee on Judiciary, Human Rights and Legal Matters that investigation into the alleged forgery of Senate Standing Rules was concluded before his appointment as minister.

    Malami appeared before the six –member Senate panel for dragging Senate President, Bukola Saraki, his deputy, Ike Ekweremadu and two others to court over alleged forgery of the Senate rule.

    The committee is investigating the allegation of “imminent threat to Nigeria’s democracy” leveled against the AGF.

    The members of the committee are -Senator David Umaru (Chairman), James Manager, Joshua Lidani, Babajide Omoworare, Chukwuka Utazi and Ovie Omo-Agege.

    Malami told the committee that he is under obligation to do whatever that can possibly be done to sustain democracy and the course of justice.

    He listed the suits in court on the matter and went further to tell the committee that the police completed investigation into the matter before he was appointed.

    He said, “As at the time I came to office, there existed report of investigation into the matter. At the time I came to office, I had obligation to file action in relation to the investigation. The suit was filed in furtherance of the concluded investigation.”

    The AGF said he had no desire whatsoever to threaten democracy.

    Malami insisted that the Senate lacked power to investigate a case pending in court.

    He reminded the committee that when a case is in court, no arm of government apart from the judiciary should look into it.

     

  • AGF to Senate: You cannot summon me

    AGF to Senate: You cannot summon me

    The ongoing war of attrition between the Presidency and the Senate got messier on Thursday.

    The Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami, said the Senate lacks the power to summon him for questioning.

    The AGF, who was invited by the Senate to appear before its Committee on Judiciary, Human Rights and Legal Matters, said that he is not answerable to the lawmakers.

    He said that the Senate did not appoint him and therefore lacks the jurisdiction to summon him.

    The Senate fired back that it may be forced to issue a warrant of arrest against the AGF for his refusal to honour its invitation.

    The Special Assistant to the President on Prosecution attached to the Federal Ministry of Justice, Mr. Okoi Obono-Obla, who represented the AGF, was walked out the meeting room.

    The altercation took place at Senate Meeting Room 3 31.3, 3rd Floor, New Senate Building, National Assembly Complex.

    The Senate had on Tuesday invited Malami to appear before it to explain why it became necessary for him to drag Senate President, Bukola Saraki and Deputy Senate President, Ike Ekweremadu, to court over alleged forgery of Senate Standing Rules.

    Saraki, Ekweremadu and two others were arraigned at a Federal High Court, Abuja, on Monday to answer the charges.

     

  • Alleged forgery: Senate summons AGF again

    Alleged forgery: Senate summons AGF again

    The Senate on Tuesday invited the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami to come and explain why it is necessary for him to drag Senate President, Bukola Saraki and his deputy, Ike Ekweremadu, to court over alleged forgery of the Senate Standing Rules.

    Following a motion by Senator Dino Melaye, (Kogi West) titled: “Imminent threat to our democracy,” the Senate resolved to invite Malami to explain why he allegedly disregarded and reopened the alleged forgery case against Saraki and others when a court of competent jurisdiction had struck it out.

    The Senate said Justice Gabriel Kolawole of Abuja High Court adjudicated and ruled on the matter, affirming that the issue is an internal affair of the Senate.

    Senate Committee on Judiciary, Human Rights and Legal Matters, in a letter NASSIS/CJHL/024/2016/10 dated 27th June, 2016 and addressed to Hon. Attorney General of the Federation and Minister of Justice, said Malami should appear before it on Thursday to explain his role in Saraki and Ekweremadu’s arraignment.

    The letter was received at the AGF office on Tuesday.

     

  • Forgery: Senate summons AGF

    Forgery: Senate summons AGF

    The Senate on Tuesday summoned the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, over the alleged forgery of the Senate Standing Rules by senators.

    The Senate president, Bukola Saraki, his deputy, Ike Ekweremadu and some other senators will be arraigned on June 27 over their alleged involvement in the forgery of the Senate rules.

    Details later…