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Tag: agencies

  • Reps joint panel threatens sanctions as agencies dodge probe of $60b revenue loss

    Reps joint panel threatens sanctions as agencies dodge probe of $60b revenue loss

    The House of Representatives Joint Committee on Finance and Petroleum Resources (Upstream) has threatened sanctions to the full extent of the law against companies and agencies who have dodged showing up for a probe of the loss of $60b inflated cash calls by the Nigerian National Petroleum Company Limited (NNPCL) Joint Venture Agreements.

    The joint panel co-chaired by Hon James Faleke (Finance) and Hon Alhassan Ado-Doguwa (Petroleum Resources), had in the past week frowned at the absence of chief executives of companies and agencies linked to the probe at the hearings.

    It berated the shoddy presentation made by the few who turned up and condemned the habit of sending representatives by the invited companies and agencies.

    Frustrated by the uncooperative attitude of those invited, Co-Chairman, Ado-Doguwa, at the last hearing on Friday, said the Committee would not take it lightly with those who attempt to undermine the constitutional power of the parliament.

    The lawmaker said the agencies are involved with huge amounts of resources that would have been used to better the lives and livelihoods of Nigerians and, hence must be held accountable.

    He said, “For those who have not come because there were several companies and agencies that were invited and it’s like they were insensitive to the invitation of this important committee.

    “For those who chose to disregard what the parliament is doing here, this committee would not take it lightly with anyone or institution who wants to undermine the constitutional powers of this important hearing to investigate the affairs of public finance of this great country, Nigeria.

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    “I and all members of the committee are of the view that we would be compelled going forward to invoke and also create any means possible to use the available instrumentalities of law to make sure that whoever is invited appears and if any of them decide not to appear, then at the end we would be compelled to use the instrumentalities of the law around us to compel appearance.

    “Because obviously, no one of us would take lightly some of the insensitive actions or inactions of some of the agencies of government especially in matters that involve huge amounts of resources. Resources that would have been used to better the lives and livelihoods of Nigerians. That would have been used to improve a lot in the course of government and the course of governance in our great country Nigeria.”

     “I would like to direct the clerk to go through his books and let us have on record those who were invited and have not explained reasons why they did not come. Let us also know those who have responded by way of apology or any other reason not to appear and then the committee would take appropriate actions in that regard.”

    Some of the companies and Agencies involved in the probe include Total Exploration, Shell Petroleum, Agip, Chevron, Oando, Mobil, Pan Ocean, Erotton, Belema, First Exploration, and New Cross Exploration.

     Others are Seplat Petroleum, Amini International Petroleum, West Africa Exploration and Production Limited, Walter Smith Petroleum Limited, ND Western Limited, Sahara Energy Limited, First Hydrocarbon Nigeria Limited, Neconde Energy Limited, Elcrest Exploration and Production Limited, and Shoreline Natural Resources Limited.

  • CISLAC, YIAGA, CODE, CDD, 45 other CSOs decry attacks on anti-graft agencies

    CISLAC, YIAGA, CODE, CDD, 45 other CSOs decry attacks on anti-graft agencies

    • ‘How to strengthen war against corruption in Nigeria’

    A coalition of civil society organisations (CSOs) has raised the alarm over alleged “malicious attacks on anti-corruption agencies” in the country.

    Addressing reporters yesterday in Abuja, the civil society groups said the anti-corruption agencies were targeted to weaken and distract them from prosecuting highly placed corrupt persons in the country.

    But the CSOs listed legal means to strengthen the fight against corruption in the country to ensure accountability and transparency in governance.

    The Executive Director of the Civil Society Legislative Advocacy Centre (CISLAC), Auwal Rafsanjani, who spoke on behalf of the coalition, listed alleged judicial corruption, corruption enablers, procurement of political power, inadequate budgetary allocation to efficiently fund investigations and prosecutions as some of the factors militating against anti-corruption fight in the country.

    Rafsanjani said: “Over the past few weeks, we have observed with great concern the malicious attacks and deliberate efforts to blackmail anti-corruption agencies through sponsorship influencers, incentivised opinion publications in some national dailies, online and electronic platforms, all targeted at discouraging anti-corruption efforts and shielding the kleptocrats from thorough investigation.

    “The pattern is clear: there is an unfolding plot of surreptitious moves to backpedal on the progress made by anti-corruption agencies…”

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    On alleged corruption of the Judiciary, Rafsanjani said: “Nigerians have witnessed too many situations where courts have granted injunctions which deterred anti-corruption agencies from inviting and prosecuting corrupt government officials and politically exposed persons.”

    The activist acknowledged the prevalence of procurement of political power in the country.

    He expressed disappointment that corrupt elements in the society were getting appointments into various positions of authority.

    Rafsanjani said Nigerians have witnessed numerous cases of alleged foreign enablers of corruption from Switzerland, Monaco, Panama, British Virgin Islands and the United Kingdom (UK) facilitating corruption.

    “Enablers from the UK are particularly strongly linked to Nigerian cases,” he said.

    The activist listed some solutions the menace and how to strengthen anti-graft fight in the country.

  • New Lagos power law to give autonomy to agencies, boards

    •Assembly holds public hearing on bill

    THE proposed amendment of the Lagos State electricity power law will grant some measure of autonomy or independence to agencies and boards concerned with power from the supervising power ministry, it was learnt yesterday.

    This is one of the major provisions of the bill to amend the power sector law for which a public hearing was held yesterday at the Lateef Jakande Auditorium, Assembly complex, Alausa, Ikeja.

    The title of the bill is: ‘A Bill for a Law to Amend the Lagos State Electric Power Sector Reform Law, 2018’.

    Section 3 (2) of the new bill states: “The agencies and boards under the ministry are independent of the ministry”.

    For now only Ibile Oil and Gas Corporation and Lagos State Electricity Board will enjoy this independence though it is not limited to them.

    The amendment also states that: “For the purpose of the Embedded Power Scheme, any ministry, department or agency of the state may provide indemnities to the Embedded Power Provider and Feedstock Merchants subject to the approval of the House”.

    The law also establishes a Power Fund Management Company and “all applicable sum shall be paid into a designated bank account” to be managed by the company.

    A new Section 50(2) has also been created, which states that any distribution company that contravenes the provisions of the law commits an offence “and its managing director shall be liable to imprisonment for two (2) years and the company shall be liable to a fine of N100,000,000.00 only”.

    In his welcome address, Speaker Mudashiru Obasa, who was represented by his deputy, Wasiu Eshilokun-Sanni, said there was need to address the challenges of electricity.

    He said: “Almost all the industries at Oba Akran have all gone due to high cost of production.

    “It is to make the law more elegant and more potent. It is to free the energy from bureaucratic bottlenecks so that the board does not rely on Ministry of Energy and Mineral Resources so that it can move with high speed.”

    Answering questions from reporters after the public hearing, Chairman, House Committee on Energy and Mineral Resources, Folajinmi Mohammed, said the essence of the public hearing is to engage stakeholders on the proposed amendment.

    “The essence is to make sure there are no bureaucracies in respect to how MDAs under the Power Ministry function; it is our bid to allow for the independent to certain extent for the MDAs to function without having several recourses to the ministry supervising them.”

     

  • Kaduna, Kano govts take agencies to tax tribunal

    The Kaduna and Kano State governments  have taken some federal government agencies to the Northwest zone of the Tax Appeal Tribunal for failure to remit taxes.

    The Kaduna state board of internal revenue, dragged the Ahmadu Bello University, (ABU) Zaria, before the tribunal, for un-remitted Pay as You Earn (PAYE) and withholding taxes, totaling N6,169,774,658.01. The taxes were  due, to the Kaduna state government, but were un-remitted, between 2007 and 2012.

    The tribunal, which has just been newly reconstituted, with Umaru M. Adamu as Chairman, Abubakar Gwandu Sameerah, Bayero A.S Mohammed, Ahmed Kumshe, Isa Kabir Dandago, as Commissioners, also attended to tax issues against Kaduna Polytechnic, brought before it for unremitted personal income taxes and withholding taxes, for the period, 2007 and 2012, totaling, N3,346,864,461.06.

    The Kano state Board of Inland Revenue on, the 29th of November, brought before the tribunal, appeals to determine whether they were entitled to recover from the National orthopedic and another, the sum of N18,672,474,25  being also withholding and PAYE Taxes, due for the 2011 and 2012 year of assessment.

    Bayero University Kano, alongside the Minister of Education and the Minister of Finance were also brought before the tribunal with respect to withholding taxes and PAYE taxes, for the 2004, to 2009 year of assessment, in the sum of N1,829,842,076.96.

    Also brought before the tribunal via various appeal for determination, was the National Independent Electoral commission (INEC), in the sum of N200,021,335.96, the Standards Organization of Nigeria, in the sum of N17,303,000.00, the National Examination Council (NECO) in the sum of N17,732,000.00. The Federal College of Education Bichi, in the sum of N250,492,645.10 . Also, the Nigerian Television Authority (NTA), in the sum of N31,141,588.03, the Joint Matriculation Board (JAMB), in the sum of N5,447,673.07.

    Also brought before the Tribunal, was the Hadejia Jamare River Basin Authority, in the sum of N129,355,083.02  and the National Youth Service Corps (NYSC), which was also brought before the tribunal for non-remittance of the sum of N21,142,557.30  being unremitted PAYE and Withholding taxes.

    Finally brought before the tribunal, was the Federal College of Agriculture by the Kano State Board of Internal Revenue, for non-remittance of the sum of N6,870,862.91, being un-remitted PAYE and Withholding taxes, due for the year of assessment 2009 to 13.

    The Chairman of the North West Zone, Umaru M. Adamu, while addressing critical stakeholders during the course of the tribunal sessions, urged all tax payers, members of professional bodies, including the Nigerian Bar Association (NBA), Chartered Institute of Taxation, ICAN and Association of National Accountants of Nigeria, to avail themselves of the services of the Tribunal, as the purpose is to give succor to tax payers and engender confidence in the tax process.

     

    He also called on all relevant State Boards of Internal Revenue, in Kaduna, Katsina, Kebbi, Sokoto, Zamfara and Jigawa, to emulate the Kano State Board of Internal Revenue that had brought before the Tax Appeal Tribunal, defaulting tax payers, owing the State, in excess of N3 billion.

     

    He assured all the Stakeholders of a speedy disposal of their appeals, as the Tax Appeal Tribunal, was the only body currently in Nigeria, operating a fully automated court and a case flow mechanism that nearly guarantees the disposal of all disputes, within 90 days.

     

     

  • Senators bemoan low budgetary allocation to environment, agencies

    THE Senate Committee on Environment has bemoaned low budgetary allocation to the Federal Ministry of Environment and some of its agencies.

    Its members called for more financial support to assist them in the discharge of their responsibilities.

    Chairman of the committee Senator Oluremi Tinubu stated this yesterday when members of her committee visited Oyo State Governor Abiola Ajimobi in Ibadan, as part of the committee’s oversight function to the state.

    Mrs. Tinubu expressed particular concern about Forest Research Institute of Nigeria (FRIN), Ibadan, an agency under the ministry, which she said had done tremendous work in the area of afforestation.

    She said: “The budgetary allocation to the Federal Ministry of Environment is very low, while the research institutes under the ministry are also in dire need of funds in order for them to operate optimally.

    “To mitigate the effects of climate change, the research institutes are important and have a lot to do, especially in the areas of flooding, desertification and even the gully erosion that is fast ravaging the South-East.

    “They need proper funding to operate optimally for seedlings and other areas that are paramount in the research process. So, government has to look into that while Nigerians have to be shown the advantages of the work of the ministry.

    “Recently, the weather has been very hot as a result of climate changes, but here in Nigeria, we are blessed with trees, which can do so for us in the area of stopping erosion.”

    She said the ministry and its agencies were in the eyes of the world organisations like UNESCO and the United Nations and would serve the nation better, if properly funded.

    Mrs. Tinubu, while noting some of the challenges facing the environment, however, said rather than being discouraged, efforts should be made to confront the challenges, adding “they (challenges) are many but are surmountable with proper funding and legislative monitoring.”

    The Senator later presented the new Act that would enable smooth operations of the ministry and its agencies and help in combating the negative effects of climate change, to the governor.

    The governor called for support for the Ministry of Environment at the federal and state levels, as well as their agencies to help them face the challenges of nature.

    The governor said there were inter-related opportunities between the ministry of environment and the ministry of agriculture.

    He added that they both had positive effects on humanity in terms of ameliorating the effects of climate change on the environment, financial empowerment to farmers and job opportunities for the young populace.

    Ruing the negative effect of flooding on the lives of the people, Ajimobi noted that Ibadan metropolis had suffered a lot from natural disasters before the emergence of his administration due to low funding for the state ministry of environment and its agencies by successive administrations.

    The governor said that the state had escaped the annual destructive impact of flooding since 2012 due to the proactive measures taken by his government to forestall flooding.

    He hailed the committee for legislating on the regulatory acts which, he said, would ensure that the ministry and its sister agencies operated without hindrance.

  • …agencies probe alleged sabotage

    Following killing of more than 86 people in Plateau State, there were indications that the Nigeria Police Force and security agencies were suspecting alleged sabotage by some disgruntled elements.

    Some clues were also said to have pointed to subterranean motives, including likely political tone,  beyond the herdsmen factor.

    It was also learnt that the Inspector-General of Police, Ibrahim Idris, has asked his deputy, DIG Joshack Habilla, to stay put in the state to get to the root of the killings.

    According to a top security source, who spoke in confidence, President Muhammadu Buhari had ordered a “comprehensive probe of the killings” to avert a reoccurrence in any part of the country.

    The source, who spoke in confidence, said: “Some of the clues obtained by the Police and security agencies have traces of suspected sabotage by some elements. We have a mandate from the President to conduct a comprehensive investigation into the killings.

    “So far, apart from the killings in some of the affected villages, some victims included travellers and innocent ones who were caught in the crossfire.

    “We are not only looking at the alleged invasion of the villages by herdsmen, we want to probe other factors which may cover likely political and religious angles.

    “The security profile of Plateau State in the last three years did not give hints of likely breaches, a development which has fuelled suspicion of sabotage. There had been relative peace in the state.

    “We will do our best to unmask the perpetrators of the dastardly killings.”

    Meanwhile, the Human Rights Watch (HRW) has called for thorough investigations and fair trial of those responsible for the violence.

    A statement by Africa Director of HRW, Mausi Segun, said:  “The carnage in Plateau State is a clear indication that the decades-long conflict has reached new levels of brutality. The frequency of these deadly attacks demonstrates the government’s failure to ensure safety and security in the region.

    “Nigerian authorities need to do more than debunk self-help calls if they want people to trust and cooperate with them.

    “Even-handed, prompt, and thorough investigations, followed by fair trials of those responsible for the violence, are effective ways to unequivocally send this message.”

    “Plateau is one of the states in Nigeria’s North Central region worst hit by decades of communal conflict between predominantly Christian farming communities and mostly Muslim cattle herdsmen.

    “Local groups report that between January and March 2018, 1,078 people died in the violence in Plateau, Benue, Kaduna, Taraba, Nasarawa, Adamawa, Kwara, and Kogi states.

    “In Benue State alone, 102,000 children, 60 per cent of the 169, 922 people displaced by the conflict, have been forced out of school. Although the conflict is increasingly described in religious terms, competing claims to land and other resources are at its core.

    “In a 2013 report, Human Rights Watch found that the failure of authorities to bring those responsible to justice is one of the major drivers of the cycles of communal violence in Kaduna and Plateau states.

    “ In recent months, there have been no public reports on investigation by the police into the violence in the Middle Belt. Just five people in Adamawa State have been tried and sentenced for killings in the region since 2017.

    “Community leaders say that the inadequate deployment of security forces to protect lives and property has led them to advocate self-help defensive efforts, as well as retaliatory attacks against those responsible for, or perceived as being responsible for, previous attacks.

    “ In May, a former Defence Minister, Gen. Theophilus Danjuma, called on people in his home state of Taraba to stop depending on government security forces which he said were not neutral, for protection, and instead to defend themselves against attackers.”

  • MAGU CHAIRS C/WEALTH ANTI-CORRUPTION AGENCIES IN AFRICA

    Economic and Financial Crimes Commission (EFCC) acting Chairman Ibrahim Magu, is the new chair of the Heads of Anti-Corruption Agencies in Commonwealth Africa.

    The appointment was one of the highlights of the 8th Regional Conference of the group which ended in Abuja on Friday.

    The group, in a communiqué at the end of a five day conference, also resolved to strengthen cooperation and collaboration among member countries for the purpose of facilitating assets recovery and return.

    Chief spokesman for EFCC, Mr. Wilson Uwujaren, said in a statement that the conference, among other things, expressed concern “about the heavy losses that Africa suffers as a result of illegal transfers of proceeds of corruption and crime out of Africa.

    “It stressed the need for synergy among member countries to combat illicit financial flows,” and called on “African countries to strengthen cooperation and partnership in the tracing, recovery and return of assets in accordance with Article 54 of the United Nations Convention against Corruption and Article 16 of the African Union Convention on Preventing and Combating Corruption.”

    It called for the enactment of strong whistle blowing legislation to protect whistle blowers. The conference appreciated “the invaluable support and warm hospitality” provided by the Federal Government, the EFCC, ICPC and the people of Nigeria, the honour of the presence of President Muhammadu Buhari, represented by Vice President  Yemi Osinbajo, at the opening of the Conference.

    Nineteen countries including Nigeria participated in the conference.

    The next Regional Conference will be hosted in 2019 by Uganda in partnership with the Commonwealth Secretariat.

  • ‘Insulate prosecuting agencies from political interference’

    ‘Insulate prosecuting agencies from political interference’

     An address by Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN) during a visit to President Muhammadu Buhari at Aso Villa

    A few months ago, we had joined many Nigerians to pray for your recovery and good health. We are thankful to the Almighty that those prayers have been answered. I would also like to congratulate you and your family as you celebrate,  your 75th Birthday. We wish you many happy returns of this day, in good health so that  you may continue to enjoy your growing family and also to continue to serve your country and humanity.

    Your Excellency, we cannot on occasions such as this fail to bring up a few matters to your attention. And of course to request that you look into them. The matters I would like to bring up today, on behalf of the Nigerian Bar Association, would center around three broad thematic areas: a. National Security and Governance

     

    The Economy and Welfare of the Citizens

    The Judiciary and the Legal Profession I would therefore like to thank your Excellency in advance, for your patience and the opportunity to speak on these issues. Before I go into these issues, it is perhaps appropriate to say a few words about the Nigerian Bar Association. 5. The NBA  Umbrella professional association of all lawyers in Nigeria.

    We presently have approximately 110,000 members across the country organized in 125 Branches. The NBA is the largest Bar Association in Black Africa, second in Africa perhaps only to the Egyptian Bar. It is easily the most influential Bar Association on the continent.  The NBA as a Self-Regulatory Organization, combines regulatory  responsibilities as well as representational role of its members. Our motto is  Promoting the  of Rule of Law. We speak not only on behalf of our members but also on behalf of ordinary citizens especially on matters of national importance, matters that affect the rule of law in the country or could affect the rights and freedoms of ordinary citizens.  Our constitution enjoins us to protect the independence of the Judiciary and also the independence of the legal profession both of which are considered critical components of all democratic societies.

     

    National security and governance 

    On Security  Your Excellency, I want to on behalf of the Bar Association congratulate you and your administration on the giant strides you have made in the area of National Security. A few months before your election, the survival of Nigeria as corporate entity was a matter of debate. Fear and anxiety were pervasive. Today the situation has much improved. We are all more confident about our safety and security. The insurgency in the North-East is now more or less contained. We salute your steadfast leadership and congratulate men and women of Nigerian Armed Forces for these successes.  We are of course aware that a lot remains to be done to completely secure the region. We are also aware that insurgency is a complex regional problem that requires multifaceted approach. We therefore wish to encourage the Government to do more to secure the North East Region. In addition to the insurgency, we are aware of the several flash points of conflict:  The situation in the Niger Delta which remains of critical importance, the lingering Biafran agitation in the South East,  the various communal conflicts in Southern Kaduna, the  Plateau, Taraba etc, the recurring feud between the Herdsmen and Farmers across  many states,  all these remain significant issues and have continued to undermine the peace and security in the country. We want to urge your administration to continue to do more to improve peace and security.

    On our part, the NBA has been doing its best to contribute to addressing these issues. Early in October 2016, I set up two Task Forces: the Niger Delta Task Force and the North-East Task Force. These we charged with the responsibility of coordinating our intervention in the two regions with the ultimate aim of promoting peace, reconciliation rehabilitation, and reconstruction in the regions. In the North East for instance, the justice sector has all but been destroyed for most part of Bornu State and parts of Yobe and Adamawa States.

    We are mobilising to support the rebuilding of justice sector institutions. We are also working to support the victims of these conflicts. We have been able to attract international support to aid our intervention. We have just been able to secure the support of stitutions; v. The need to secure the investigative and prosecutorial agencies from political interference.

    At the meeting of the National Executive Committee of our Association held in Uyo Akwa Ibom State on  November 23, we noted with concern the seeming dissonance amongst the various agencies of the administration. We were concerned that many agencies appeared to be working at cross purposes. We noted with particular concern the unhealthy relationship between the Economic and Financial Crimes Commission (EFCC) and the Department of State Security (DSS). We also noted the appalling handling of the Pension Fraud and some of the High Profile Suspects by various agencies. We called on Your Excellency to do something urgently to rein in the erring agencies and officials. We felt this was necessary so as not to undermine confidence in the government and promote lawlessness in the country. We will like to reiterate our call on your Excellency on the need to address the seeming dissonance amongst various departments of government. Government needs to be seen to be acting in a coordinated fashion in order to maintain confidence of the citizens.

     

     Economy and Welfare of Citizens 

    Mr. President, we would like to commend you on the efforts and successes you have achieved in promoting good governance, fighting corruption and getting the economy out of recession. We are aware much has been achieved in the two and a half years of your administration. We do not in any way underrate the enormous challenges of governance and the problems that your administration inherited. We are also aware that many new initiatives have been introduced to enhance economic management, address issues of youth unemployment, extreme poverty and improve the diversification and competitiveness of the Nigerian economy. The Nigerian Bar Association has the requisite expertise amongst its members to contribute to policy work in all the areas of the economy and we are willing to cooperate and work with government to improve economic management in all Sectors.

    In August this year we organized one of the most successful conferences not only in the history of the NBA but I dare say it was the most successful of conferences in the country in recent times. The theme of that conference was “African Business, Penetrating through Institution Building”. The theme was carefully chosen to address the twin dilemma of promoting prosperity in our country, and indeed the whole continent, and understanding the constraints that impede that, the most significant of which is institution building. We wanted to draw attention to some of the key challenges of promoting economic growth and development not only of the country but across Africa. The conference attracted a rich international faculty and huge array of participants from the public sector, the business community and of the legal, with nearly 12,000 participants it was the largest conference in the country. Your Excellency, we have developed a Policy Book containing a range of specific recommendations which we would like to, at the end of this meeting, present to you as part of our contribution to improving governances and economic management in the country. We are confident that the recommendations if implemented will significantly improve the economy, enhance prosperity and build more confidence in the country especially amongst its youth who are increasingly being frustrated by lack of opportunities.

     

     The judiciary and the legal profession

    The  Nigerian Bar Association, believes that the Judiciary and the legal profession have a pivotal role to play in the national development. A strong and independent judiciary is the bulwark of democracy and the rule of law. We recognize that in recent years, there has been a dwindling confidence both in the Judiciary and the legal profession. The NBA on its part therefore, has made the reform of the legal profession, a top priority in order to rebuild confidence in the legal profession. The judiciary also must regain the confidence of the Nigerian people. The country deserves a more effective, efficient and transparent administration of justice.

    We are therefore working hard to support efforts of the judiciary in this regard and the various reform initiatives currently being pursued by the Chief Justice of Nigeria Justice Walter Samuel Onnoghen  to address issues of integrity in the administration of justice and rebuild confidence. I also want to recognize the effort of the Attorney General and Minister of Justice, Mallam Abubakar Malami (SAN)  in the work he is doing to enhance the administration of justice. Worthy of note is the recently lunched National Justice Policy which seeks to achieve greater synergy and efficiency amongst justice sector institutions. Whilst commending these efforts, the NBA would still proffer some additional suggestions.

    Before I do that however, we cannot fail, particularly since this is the first time we would have the opportunity of meeting your Excellency, to register our strong disapproval with the very strong arm tactics employed back in October 2016 by Security Agencies in trying to address the allegations of corruption in the judiciary. We do not wish to stir any old controversies, but your Excellency Mr. President will appreciate the need to ensure that these ugly events to do not recur. No citizen of Nigeria is above the law, not lawyers not judges. However, nothing must be done to encourage wholesale undermining of the Judiciary as an institution.

    We believe that the investigations of allegations of corruption in the judiciary could be done in line with the tenets of the rule of law and due process and respecting accepted administrative measures and conventions that will protect the institution whilst pursuing corrupt elements within. As we move forward we will like to reiterate: i. Our support for all efforts by your administration to assist the judiciary to rid itself of all elements of corruption in order to enhance public confidence in the administration of justice. ii. Your Excellency, the NBA will like to commend your administration for significantly improving the level of funding of the judiciary. We note the proposed N100 billion in the 2018 Budget proposals will be a significant enhancement over the 2017 Budget. The 2017 Budget of the Judiciary was about N70 billion. This was approximately 1.1 per cent  of the National Budget. The proposed N100 billion is still only about 1.2 per cent of the National Budget. These figures still remain far from the internationally recommended funding ratio vis-à-vis the national budget which should be a minimum of 2.5 per cent of the National Budget. iii. The NBA remains very concerned about what appears to be blatant disobedience of court orders by this administration.

    We are firmly of the view that the strength of any State or Government and indeed any system will be better demonstrated by rigorous adherence to dictates of the rule of the law than by the government itself disobeying the orders of its own courts. Your administration would be sending a strong message to ordinary citizens by directing that ALL agencies especially security agencies to respect and obey orders of court. There are many citizens being held in disobedience to court orders, we urge that your Excellency does something about this. iv. We commend the recent modest efforts by this administration to decongest the nation’s prisons which generally remain overcrowded and in appalling conditions. We are working with the Attorney General’s task Force to support prison decongestion. The Statistics however remain appalling. Out of a prison population of 72, 179 persons, only 23,491 are convicted persons. That is over 67 per cent of persons held in our prisons are persons awaiting trial. Many of the prisons are carrying 3 to 4 times their capacity.

    Whilst efforts must be maintained to scale up prison reforms, we urge the administration to do more to expand and modernize the facilities to make conditions humane and consistent with the objectives of rehabilitation. v. We strongly recommend far reaching reforms to deal with the issues of prisons in Nigeria. There appears no reason why Prisons must remain in exclusive legislative list for instance. We will like to assure Your Excellency that we remain willing and committed to promoting the goals of the administration in building strong institutions and improving the Justice Sector in particular.

    The NBA is working to support Criminal Justice Reforms and has recently secured substantial funds from International partners to work on the improvement and adoption of Administration of Criminal Justice Act across the country. We are collaborating with various agencies generally to support justice sector reforms and access to justice. These include the Legal Aid Council, the National Human Rights Commission and recently also the Office of the Special Adviser to the President on Sustainable Development Goals with whom we have signed an MOU to work on the attainment of the Goal 16 of the UN SDGs.

     

    The legal profession

    I will like to use the remaining few minutes we have with you to give you a brief summary of what we are doing to reform the legal profession as part of our efforts to rebuild public confidence in the profession. Since I became President, I made it a top priority to look at the regulatory framework of the profession. We are determined to advocate for far reaching reforms that will modernize the profession and bring it at par with international standards. This we believe is necessary. Nigeria deserves a modern legal profession that will enjoy not only the confidence of the Nigerian Public but also of the international community. It is critical in our view, to our journey to economic prosperity.

    The Committee I set up in December 2016 has since submitted its report with far reaching recommendations including a draft new law that we hope will replace the Legal Practitioners Act. This law if approved and passed, we hope, will introduce far reaching changes aimed at enhancing legal education, setting better entry standards, continuing professional development and discipline. The law sets out clearly the regulatory objectives and defines more clearly the role of regulatory agencies. 8.7 Y we have in the last several months exposed the draft law alongside the report of the Committee as we are seeking to galvanize support of all stakeholders. We have engaged with various Law Societies and Bar Associations and legal regulators around the world to better understand current trends in regulating the legal profession. Only three weeks ago, I led a team of about 30 Nigerian Lawyers to the UK where we held intensive three days consultations with various agencies involved in the regulation of the Legal Profession in the UK. The report of this mission will be shared with all stakeholders.

    I want to urge your administration to support our efforts to reform the legal profession. A strong modern legal profession is key in our view to building the country’s legal system. Necessary  for peace and development.  Necessary for attracting confidence of all those who seek to do business with Nigeria. If Nigeria must transit to a modern economy and be competitive globally, it must have a respected legal profession and judicial system. This is our objective. Thank you very much your Excellency, for your attention. God Bless the Nigerian Bar Association! God Bless the Federal Republic of Nigeria!!! Abubakar Balarabe Mahmoud ( SAN),  President, Nigerian Bar Association (NBA).

  • EFCC: Ex-First Lady’s $15.5m stolen from govt, agencies

    EFCC: Ex-First Lady’s $15.5m stolen from govt, agencies

    The Economic and Financial Crimes Commission (EFCC) has told the Federal High Court in Lagos that former First Lady Patience Jonathan could not have genuinely earned the $15.5million which she claims ownership of.

    In its defence to her suit challenging the freezing of her accounts, the commission argued that Mrs Jonathan does not run any business from which she could have earned such huge sums.

    EFCC said its investigations showed that the money was allegedly stolen from the Federal Government and its agencies, and that it does not belong to the former First Lady.

    “There is no way the plaintiff (Mrs Jonathan) could have genuinely earned the monies. She is the wife of the former president, a civil servant and a retired permanent secretary in Bayelsa State.

    “She does not run any profit and interest yielding business venture to generate such money.

    “Investigation conducted by the first defendant (EFCC) revealed that the plaintiff is not the owner of the funds in the accounts of the third to fifth defendants (companies), which funds were discovered to be proceeds of fraudulent activities of Waripamo-Owei Emmanuel Dudafa,” EFCC said.

    Mrs Jonathan sued the EFCC, Skye Bank Plc and three companies – Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd and Trans Ocean Property and Investment Company Ltd.

    She is praying for an order restraining the defendants from tampering with her funds in the companies’ accounts domiciled in Skye Bank.

    She asked for an order of interlocutory injunction restraining the EFCC from transferring the funds to the Federal Government’s Treasury Single Account (TSA).

    Mrs Jonanthan said the funds in the companies’ accounts belonged to her, but she had been unable to operate the account after EFCC placed a “no debit order” on the accounts.

    The former first lady said representatives of the companies, who pleaded guilty to laundering the money, were unknown to her; nor were they authorised to represent them.

    “The plaintiff/applicant is the lawful owner of her hard earned funds,” she said, adding that her ownership of the money has not been controverted by a third party.

    Mrs Jonathan said she sought the assistance of Dudafa, former Special Adviser on Domestic Affairs to ex-President Jonathan, to open some accounts in her name.

    She said she was issued with four ATM cards after the accounts were opened.

    According to her, she protested the fact that three of the four accounts bore the names of companies she had no connection with.

    The bank, she said, promised to rectify the issue. She continued to operate the accounts pending when changes would be effected, according to the former First Lady.

    Mrs Jonathan said she went abroad in July 2016 for a medical check-up and discovered that she could not make payments from the accounts due to the “no debit order”.

    The former First Lady, in her written address, accused EFCC making moves to take her money from her through an order of forfeiture.

    She said the moves included the “procurement of some unknown persons  who pleaded guilty to a charge and were convicted on November 2, 2016.”

    In urging the court to lift the “no-debit order” and grant her access to her accounts, Mrs Jonathan said she “needs her money to able to cater to her health.”

    But, EFCC, in its statement of defence, said its investigations revealed that between 2013 and 2015, “huge sums of money were stolen from the Federal Government of Nigeria and its agencies.”

    The agencies, it said, were the Nigerian Maritime Administration and Safety Agency (NIMASA) and the office of the National Security Adviser (ONSA), “etc”.

    EFCC said some of the funds “were converted to dollars and converted to the use of Dudafa”.

    The commission said between February 21, 2014 and April 19, 2016, Pluto Property “fraudulently received and retained” $3,096,377.38.

    The sum, EFCC said, was deposited by State House domestic stewards, Festus Iyoha and Peter Arivin, “using fictitious names on the instruction of Dudafa.”

    The commission said between November 14, 2013 and June 27, 2016, Seagate Properties received $3,624,998.78; while Trans Ocean received $3,765,711.87, “which are suspected to be proceeds of crime.”

    Another company, Globus Integrated Services Limited, was said to have received “a whopping sum of $5,119,021.45” in its account.

    EFCC said after it charged the companies, their representatives pleaded guilty to retaining $15,591,700.

    It insisted that after analysing the companies’ accounts, “it is crystal clear that the plaintiff was neither a director nor a shareholder”.

    The commission said it was Dudafa who allegedly procured the domestic stewards in the State House Abuja to deposit the monies “in an attempt to disguise the proceeds of crime using fictitious names”.

    EFCC said it obtained a valid court order to freeze the accounts, and that it did not need to inform Mrs Jonathan before doing so “as the funds in the said accounts do not belong to her”.

    It added that the firmer First Lady was not entitled to any reliefs, and that her case “is frivolous, spurious, speculative, vexatious and an abuse of court process and should be dismissed with substantial cost.”

    Justice Mohammed Idris had ordered parties to file pleadings in the case, indicating that witnesses, including Mrs Jonathan, may testify to justify the money’s ownership.

    The case will be heard on January 19.

  • Buhari names 209 chairmen for agencies

    Buhari names 209 chairmen for agencies

    President Muhammadu Buhari last night approved the appointment of 209 chairmen to head the governing boards of various Federal Government agencies and parastatals.

    A total of 1,258 members were named for board positions, according to the Secretary to the Government of the Federation,Mr.Boss Mustapha.

    Mustapha said the constitution of the boards was to “provide a proper governance and oversight structure for government agencies and parastatals.”

    He also described the move as “a demonstration of this government’s efforts aimed at building strong institutions of governance, and by extension, improving the quality of policy formulation and supervision.”

    He added:“While these appointments represent a substantial number of hitherto pending board appointments, some more appointments are still being processed and will be released in due course.

    “The appointments take immediate effect and Honourable Ministers are advised to inaugurate the boards after letters of appointment have been issued.”

    Prominent names of board chairmen on the list include: Brigadier General John Shagaya (rtd), a former Internal Affairs Minister, who was named chairman of the National Institute for Policy and Strategic Studies (NIPSS); former Ekiti State governor, Niyi Adebayo, Federal Airports Authority of Nigeria (FAAN); former Managing Director of the Niger Delta Development Commission (NDDC), Mr. Timi Alaibe, Oil and Gas Free Zone Authority; national auditor of the APC, Mr. George Moghalu, National Communication Satellite Ltd (NIGCOMSAT), and a former Managing Director of the News Agency of Nigeria (NAN),Malam Wada Maida,who returns to the organization as chairman.

    Among the rest are: Dr. Yakubu Lame (Nigeria Airspace Management Agency); Mr. Sebastine Ibezim, National Metallugical Development Centre; Dr.Muiz Banire, Assets Management Corporation of Nigeria); Dr Leke Pitan (National Agricultural Extention Research Liasion Services; Mr.Ben Nwobashi, National Parks; Mr. Iyiola Oladokun, National Environment Standard and Regulation Enforcement Agency);Senator Abba Aji (Institute for Peace and Conflict Resolution); Senator Lawal Shuaibu, Federal Housing Authority); Mallam Musa Gwadabe, (Industrial Training Fund); Senator Olorunnimbe Mamora (Abuja Investment and Infrastructure Agency); and Mallam Mai Mala Bunu (Nigeria Shippers’ Council).

    Also on the list are: Engineer Segun Oni (Nigeria Export Processing Zone); Mr. Tunde Kelani  (National Film and Video Census Board); Olorogun Otega Emerhor, UNilorin Teaching Hospital); Dr.Sam Jaja (UniAbuja Teaching Hospital), among others.

    See the full list: Board-Chairmen-and-members