Tag: AGF

  • AGF dissociates self from alleged probe of CJN

    AGF dissociates self from alleged probe of CJN

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has dissociated himself and his office from report that the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen was being investigated for corruption related issues.

    Malami, in a statement issued on Friday by his spokesman, Salihu Isah, said he holds the CJN in high esteem and will not be part of an attempt to denigrate his person and the office he (Onnoghen) occupies.
    The AGF faulted insinuations that the information which formed the basis of the media report emanated from his office.

    He said he was not aware of such probe of the CJN and would not be party to such act.
    The CJN, reacted to the report in a statement on Wednesday, denying any wrong doing and said he was ready to face any probe.

    The statement issued ON Friday by the office of the AGF reads: “The attention of the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN has been drawn to a report in the media space insinuating that the Honourable Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkanu Onnoghen, GCON and other former and serving government and judicial officers are under investigation for alleged corruption.

    “The report also listed other high-profile Nigerians who it claimed are purportedly under investigation for corruption to include former Coordinating Minister for the Economy and Minister of Finance under ex-President Goodluck Jonathan, Dr. Ngozi Okonjo-Iweala, present Minister of Solid Minerals Development and former Governor of Ekiti State, Dr. Kayode Fayemi, a sitting judge of the Federal High Court, Hon. Justice Abdu Kafarati, among others.

    “The Honourable Attorney General of the Federation and Minister of Justice wishes to express his displeasure over the unfortunate and unbecoming innuendo by certain persons and agencies which sought to accuse his office of leaking what was termed as classified information to the public.

    “This office, therefore, wishes to state categorically, but with absolute repudiation, that it did not at any time leak such information to the media as wrongly alluded by the Economic and Financial Crimes Commission (EFCC).

    “The pertinent question to ask is, since the EFCC has publicly denied that the Honourable Chief Justice of Nigeria is not under probe or investigation; is it then possible for the same EFCC to have forwarded any classified information on a non-existent probe or investigation of the Honourable CJN to the Honourable Attorney General of the Federation?

    “It also goes to show that the Office of the Honourable Attorney General of the Federation could not have leaked a non-existent classified information on an equally non-existent probe or investigation.

    “The Honourable Attorney General of the Federation and Minister of Justice strongly frowns at any unsavoury attempt or conspiracy to drag his office and that of the Honourable Chief Justice of Nigeria into petty squabbles in the midst of burning national issues.

    “We, therefore, use this opportunity to reaffirm our deep respect for the distinguished person and office of the Honourable Chief Justice of Nigeria, and we will never be party to any unpatriotic effort to denigrate his exalted office.

    “We wish to state unequivocally that the office of the Honourable Attorney General of the Federation will continue to collaborate with His Lordship in his efforts to reform the judiciary and galvanize the anti-graft war.

    “Indeed the present administration appreciates His Lordship for his unwavering support for its anti-corruption drive.

    “We wish to state further that we are neither aware of nor privy to any purported probe or ongoing investigation of the Honourable Chief Justice of Nigeria by any security or anti-graft agency.

    “The office of the Honourable Attorney General of the Federation dissociates itself from the baseless allusion or suggestion obviously made in bad faith to the effect that His Lordship is under any form of probe or investigation whatsoever.

    “In view of the above, the Honourable Attorney General of the Federation and Minister of Justice wishes to emphatically reiterate that he has profound confidence in the Chief Justice of Nigeria and wishes His Lordship the very best in the discharge or performance of his daunting duties to the nation at large.”

  • AGF and coalition of northern youths

    Abubakar Malami, the Attorney General of the Federation (AGF), clearly had an unpleasant job last Tuesday to defend the federal government’s refusal to arrest leaders of the coalition of northern youths who gave the Igbo in the North a quit notice on June 6. The notice was thought to be unprecedented, hateful and a dangerous incitement to anarchy. In his response when he addressed a number of issues concerning his ministry’s operations, Mr. Malami averred that it was not expedient to arrest the youths despite their objectionable reaction to the agitations in the Southeast. According to him, “Government considered the security implications on the issue. Let me state that government is alive to its responsibility and whoever is found wanting will be prosecuted. This administration is determined to provide good governance and promote justice, peace and fairness.” By not arresting the youth leaders who issued the June Kaduna Declaration, Mr. Malami was suggesting that doing so had negative security implications, or that as a matter of fact the youths had not yet been found wanting. However, it was clear last Tuesday when the AGF addressed the press in Abuja that he was neither able to convince even himself nor his audience.

    A few days before then, on August 25, the AGF issued a press statement indicating that his office had approached the Federal High Court in Abuja seeking for the revocation of the April 25 bail granted the Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu. The statement clearly suggested that Mr. Kanu had violated the terms of his bail in the following ways: “That the offence for which he is standing trial does not entitle him to bail; that among other conditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people; that he should not grant any interviews, hold or attend any rallies; that he should file in court medical updates of his health status every month; that rather than observing all of the conditions listed above, the 1st defendant in flagrant disobedience to the court order flouted all conditions of the bail.” It is indisputable that Mr. Kanu violated his bail terms.

    But a day before the AGF applied to the courts for the revocation of Mr. Kanu’s bail, the same northern youths whom Mr. Malami egregiously defended against arrest imperiously issued seven pre-conditions for the rescindment of the June 6 quit notice. Among the seven conditions, all of which appeared to counter or dilute President Muhammadu Buhari’s affirmation of the right of every Nigerian to live in any part of Nigeria unmolested, was the one that predicated their magnanimous rescindment on the arrest and detention of Mr. Kanu for violating his bail terms and for his continuing incendiary remarks. Few people would fail to notice that the northern youths and Mr. Malami seemed in fact to be on the same page. Their actions followed the earlier statement by the Internal Affairs minister, Abdulrahman Dambazzau, that the courts might revoke Mr. Kanu’s bail to curb his excesses.

    Worse, President Buhari’s terse and threatening broadcast of August 21, which probably partly inspired the rescindment of the northern youths’ quit notice, also appeared to be in sync with the general feelings in the North that Mr. Kanu should be locked up after the revocation of his bail. The unanimity of opinion across many parts of the North, however, complicates the IPOB-northern quit notice brouhaha. Mr. Kanu doubtless violated his bail terms, having organised or attended rallies, continued to make inflammatory statements, and neglected to file his medical updates before the court that granted him bail. But whether re-arresting him will help resolve the dangerous and inflammable matter at hand is a different thing altogether, especially in view of Mr. Malami’s argument that security implications were considered in the federal government’s reluctance to arrest leaders of the northern youths.

    Unfortunately for the government, the argument has shifted away from the appropriateness or otherwise of Mr. Kanu’s defiance of his bail terms to the reluctance, if not criminal connivance, of the government to arrest or censure the northern youths. In the process, a lot of issues have become so complicated that the government is unable to draw a line between moral and political rectitude on the one hand and deliberate and provocative malfeasance on the other hand. The northern youths claimed their actions, hate speech and the unacknowledged hate song that went viral a few weeks ago were a product of the provocation and actions of Mr. Kanu’s IPOB. But neither the pro-Biafra provocation, which has met with vicious government response, including the president’s fierce anger, nor the northern youths’ reaction, which has so far met with deliberate and orchestrated pussyfooting, was lawful. Both should have attracted equal law enforcement and governmental sternness on the grounds that while the provocation was unlawful and malfeasant, the reaction also amounted to unlawful self-help. Instead, the federal government and the security agencies gave the impression that lawlessness had colour and mitigations.

    It is puzzling that Mr. Malami dared to suggest that the federal government’s refusal to arrest the northern youths followed a sensible and cautious consideration of the security implications. What is even worse is that the AGF did not feel any obligation to explain in detail what those security concerns were, nor to defend them as factors militating against the government’s stern action. But by going ahead to assert cynically that the government was alive to its responsibility, when that responsibility seemed to be targeted in one direction, Mr. Malami did not convince anyone, let alone himself, that the government had any such ‘life’, nor even dispassion, nor yet impartiality. With the exception of the Kaduna State governor, Nasir el-Rufai, who at first ordered the arrest of the northern youths but soon inexplicably kept his peace, and the police who also at first gave the impression that they sought out the youths to arrest them, little was heard from anyone else. Indeed, all that was heard were condemnations targeted at both IPOB and the northern youths. Even the Department of State Service (DSS), according to reports, invited the youths once, spoke with them and let them go.

    Why it is difficult for the federal government to recognise Mr. Kanu’s obstreperous and trenchant advocacy of the Biafra cause and the equally tendentious and acrimonious northern youths’ reaction as evidence of the dire condition of the country’s unity, is hard to say. These actions and reactions, much of it almost neatly divided along North-South lines, are a testament to the decay afflicting the polity and an indication that little or nothing is being done to salvage the problem. The country is fraying at the edges, and this fraying is compounded by incompetent and prejudiced public officials who lack the knowledge and dispassion to weld a country together out of its many seething and fractious parts.

    From the presidency to the relevant ministries, and on to the various law enforcement and security agencies, nothing expert or rational by way of public policies is being done to repair the country’s broken hedges. Contrary to what the presidency says about the country’s unity being settled or non-negotiable, the IPOB crisis and the northern youths’ quit notice, and various other forms of hate speech and hate songs on social media and traditional media, suggest quite clearly that fresh thinking is required to manage the dangerous decline to anarchy. Strong-arm tactics, as appealing as they may look, especially in the short run, do nothing but obfuscate the contentious issues tearing the country apart. The country is not only clearly not united, and nothing extraordinary and informed is being done about it, until the right mix of policies are designed and public officials from the North and South can eschew ethnic and religious prejudices, the situation may worsen considerably until it explodes.

    Mr. Malami had no rational and acceptable explanation for the inexcusable reason given by the government not to arrest the northern youths who issued the Igbo a quit notice in June. He compounds that oversight by applying to the courts for the revocation of Mr. Kanu’s bail. Had he and the government he serves been fair-minded enough to deal firmly and expeditiously with the purveyors of quit notice, the move against the IPOB leader would have been explicable and defensible. More, it would have shown everyone that the government understands the need to keep an open mind in dealing with cantankerous groups threatening the peace and unity of the country. And if by chance the government were to also correctly situate those threats where they belonged, and go further to appreciate the factors that undergird and propel those threats, Nigerians would have assumed that sooner or later a political formula and existential fulcrum would be found upon which the unity and stability of Nigeria could rest without being imperilled.

  • Why we are yet to retrieve $15m seized by South Africa from Jonathan’s govt, by AGF

    Why we are yet to retrieve $15m seized by South Africa from Jonathan’s govt, by AGF

    NIGERIA’s $15m seized in South Africa during the Dr. Goodluck Jonathan administration is yet to be retrieved  – no thanks to diplomatic intricacies and the long process.

    Minister of Justice and Attorney-General of the Federation (AGF) Abubakar Malami said such hindrances also accounted for why the government was yet to record appreciable success in its efforts to repatriate looted funds.

    “As it relates to the money in South Africa and other countries,  my reaction to recovery generally is that it is a process; a process involving mostly nations whose legal systems differ.

    “The process in respect of diplomatic consideration equally plays a key role over and above international convention and best practices.

    “So, when multiplicity of legal systems is in issue, multiplicity of diplomatic engagement is in contention, delay is naturally bound to set in.

    “But, one thing I want to state categorically is that the government is doing whatever is possible to ensure the recovery of moneys that relate to Nigeria in all jurisdictions and not necessarily limited to South Africa,” he said.

    Malami, who spoke in Abuja yesterday while reviewing the activities of his ministry in the last one year, however declined to answer a question on the rift between him and the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, over the country’s suspension from the Egmont Group.

    He also declined comments on whether or not his directive that the EFCC provide him with a status report on on-going high profile cases had been complied with.

    Malami said the Federal Government planned a committee on how to defray the N113billion judgment debt pending against it and its agencies to avoid its assets being attached.

    He said the Judgment Debt Verification Committee, to be headed by the AGF, will, among others, ensure compliance with enforcement of court judgments and orders against government and its agencies.

    Malami said memos on the recommendations of the Senator Ken Nnamani-led Constitution and Electoral Reform Committee would soon be presented before the Federal Executive Council (FEC) for deliberation and adoption, following which Bills relating to the recommendations would be sent to the National Assembly.

    The minister, who could not confirm if members of the Nnamani committee had been paid their allowances, said he was aware the Federal Government has approved the payment and that the approval had been forwarded to the Ministry of Finance.

    On the prosecution of Boko Haram suspects being kept in custody, Malami said a speedy trial had been planned.

    He said some judges have been assigned to handle the prosecution. He declined to give further details, citing security concerns.

    Malami also hinted of plans for prisons decongestion, which he said would be electronically driven and last for the next two years.

    The AGF, who praised his ministry for a successful outing in the last legal year between 2016 and 2017, said it concluded 7,119 criminal cases, including 4,709 petitions and 325 civil cases in the last legal year.

    Malami, who highlighted various plans to be executed in the new legal year, said a coordinating centre would  be created in his ministry for among others, ensure coordination of all criminal justice agencies.

    The unit will enable the office of the AGF to “have a first-hand information of the status of all criminal investigations/trials in the country”.

    Malami also spoke about a plan to create an investigation unit in the ministry to address the “want of legal expertise in the conduct and process of investigation by the various security agencies and to address such anomalies leading to the consistent rejection of vital evidence in the course of prosecution.”

    The AGF is relying on his constitutional powers and the provision of Section 105(1) and (3) of the Administration of Criminal Justice Act (ACJA) to create the unit, it will coordinate and form part of every investigation to ensure robust investigation and successful prosecution of cases, Malami said.

     

  • Civil societies to AGF: Tread softly on Magu

    Civil societies to AGF: Tread softly on Magu

    •’Suspension of NFIU has nothing to do with EFCC chairman’

    Some Civil Society Organisations (CSOs) yesterday asked the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), not to allow fifth columnists to hijack the anti-graft war.

    They asked the AGF to tell Nigerians the successful convictions his office had secured in the fight against corruption in the last two years unlike the EFCC, which had won 124 cases.

    They accused the AGF of alleged desperation to  assert his position as Chief Law Officer of the Federation by demanding case files of Politically Exposed Persons(PEPs).

    They urged the AGF to explain why he has not acted on the $1b Malabu Oil Block since the EFCC sent the file to him in January.

    The CSOs made their position known in a statement in Abuja against the backdrop of the Cold War between the AGF and the EFCC on the anti-corruption war.

    The statement was signed by Chido Onumah (African Centre for Media & Information Literacy); Olanrewaju Suraju (Civil Society Network Against Corruption); Auwal Musa Rafsanjani (Civil Society Legislative Advocacy Centre); Mohammed Attah (Procurement Observation and Advocacy Initiative); George-Hill Anthony (Niger Delta Budget Monitoring Group) and Ibrahim Modibbo  (Democrats of Conscience).

    The CSOs said: “The attention of these civil society organisations has been drawn to the needless rift between the Honourable Attorney General of the Federation and Minister of Justice and the Economic and Financial Crimes Commission (EFCC) which further deteriorated with the recent ill-advised statement by Salihu Othman Isah, media aide to the AGF, pointing to the EFCC boss, Ibrahim Magu, as the one undermining the war against corruption of the current administration.

    “We see the deepening disharmony between the two government institutions as an embarrassment to the Federal Government and it is capable of weakening its anti-corruption efforts.

    “We are alarmed that someone in the office of the AGF could be making such sweeping and grievous allegation without an atom of proof.

    “We want to believe that Mr. Isah did not speak the mind of his boss given that the AGF himself had dismissed any notion of quarrel or disagreement between him and Mr. Ibrahim Magu as widely reported in the media a couple of weeks ago.

    “Instead of engaging in ‘petty shadow boxing’, what the country needs at this moment, particularly in the war against corruption, is focused leadership. In our opinion, this is no time to give in to the wiles of inordinately ambitious fifth columnists.

    “We can’t afford to allow emotions ruin the fight against corruption. We don’t think the action of the AGF is in tandem with the anti-corruption agenda of Mr. President!”

    The CSOs said the Acting EFCC Chairman, Mr. Ibrahim Magu, should not be blamed for the suspension of the Nigerian Financial Intelligence Unit (NFIU) from the Egmont Group of Financial Intelligence Units.

    The statement added: “In our estimation, if there is anyone who will not give an inch to the corrupt, it is the current acting chairman of the EFCC. How will such a person become a stumbling block to the fight against corruption? It simply does not make sense.

    “The story of what led to the suspension of the Nigerian Financial Intelligence Unit (NFIU) from the Egmont Group of Financial Intelligence Units, an informal network of national financial intelligence units, is already well known and has nothing to do with the person of Ibrahim Magu or the EFCC.

    “Since the government has set up a committee to address the issue, we urge that the committee be allowed to do its job without interference, though we believe the committee has already been infiltrated by fifth columnists, who are using the committee’s name to push personal objectives.”

    They added: “By calling for all case files of politically exposed persons, we see the desperation of the AGF to assert his position as Chief Law Officer of the Federation. That position is not in doubt and we don’t want to believe the EFCC as an institution has given any indication that it was unwilling to yield to the directive.

    “We are reliably informed that a good number of cases have been sent by the agency to the AGF, including the controversial Malabu case which sources in the AGF office confirmed receiving in January this year. As at the time of this release, the AGF has done nothing about the case?

    “We also want to draw the attention of the public to the fact that even in cases such as the ones involving judges arrested for alleged corruption by the Department of State Security (DSS), the AGF has not fared well in prosecuting them.”

    The organisations challenged the AGF to release the record of convictions which his office had secured in the last two years.

  • AGF directs NCS to comply with SC judgment

    The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN, has asked the Comptroller General (CG) of the Nigeria Customs Service, Hamid Ali, to comply with the judgment of the Supreme Court that ordered theservice to re-instate Comptroller Abdullahi Bello Gusau back to the service.

    The Chief Justice of Nigeria (CJN ), Justice Walter Onnoghen had in April 2017 ordered the Customs to re-instate Gusau, who was wroungfully sacked after the court judgement which was unanimous.

    The same court order was 34 months ago handed down (in July 2014) by three justices of the Court of Appeal, Abuja Division that the NCS failed to comply with before the apex court affirmed the judgment of the lower court that reinstated Comptroller Abdullahi Bello Gusau into the Service.
    Unhappy with the manner in which he was sacked, Gusau approached the high court but he lost. Dissatisfied with the judgment, he appealed to the court of Appeal which ordered his reinstatement July 2014 which was affirmed by the apex court April, 2017.
    The appellate courts ordered the NCS to allow Gusau to resume back to work and maintain his position as Comptroller of NCS, to be paid all benefits and emoluments and also to enjoy his lawful promotions.
    Comptroller Abdullahi Bello Gusau was January 1, 2000 promoted to the rank of Comptroller NCS, he remained on same rank before he was unlawfully sacked December 21, 2009 when he was purportedly retired from the services of the NCS.His mates then are now wearing the rank of Deputy Comptroller Generals (DCGs) while others have since retired as DCGs two years ago.
    Apart from the CJN, other Justices of the Supreme Court that sat on the panel were Musa Dattijo Muhammad, Kudirat Motonmori Olatokunbo Kekere-Ekun, Ejembi Eko, who delivered the lead judgment and Sidi Dauda Bage.
    Gusau was sacked December 21, 2009, exactly four days after he uncovered over N1.3 billion fraud via online audit through the Single Good Declaration (SGD) when he was Comptroller Post Clearance Audit ( PCA ) NCS HQ. The fraud was uncovered in only 20 SGD while hundreds of SGD were generated daily. He wrote a report on the fraud December 17th and was fired 4 days later on December 21, 2009.

  • WHO’S THE MODERN ENEMY OF NIGERIAN CREATIVE INDUSTRY? Attention: AGF, PMAN

    FOR long, we have identified Alaba Market as the active enemy of the creative industry. The inactivity of government, corporate organisations and development agencies was considered flaccid adversaries of an industry with immense potential than the most revered oil. All that can be forgiven, because we can excuse the past as a period of ignorance.

    Now that government is about taking the creative industry on a flight of purposeful destination, now that reactions are gradually building with re-energised interest by institutions like the Bank of Industry, Tony Elumelu Foundation, Inspector-General of Police and all, it is important to know who the new enemies of economic progress are, that have chosen to stall effort at spinning forward, from its present 1.4 per cent contribution of the creative industry to the country’s GDP.

    Now that government has discovered the new ‘oil well’ in the creative sector, now that lawyers are finding new clientele among entertainers with many of them making direct investment in film production and music labels and many more championing the fight against piracy, now that the banks are beginning to see signs of auditable structures and Return on Investment, now that the detractors of creative economy are thinning out, now is that time to identify the ‘crazy baldheads and chase them out of town’ (in Bob Marley’s voice).

    But how prepared is the creative industry for this new challenge that is about to place the engine of a segment of the Nigerian economy on their lap? This is no time for backstabbing and petitions, rather, for critical assessment of the state of the industry visa the new developments.

    An important part of this development is the fight against piracy for which the Inspector-General of Police has showed cooperation, but I see one grey area in the process, which only the Attorney-General of the Federation and Minister of Justice can help resolve – This is by moving the Nigerian Copyright Commission from ‘Justice’ to ‘Information and Culture’.

    This was the opinion of stakeholders at the last Creative Industry Summit, and if the position of the Minister of Information and Culture, Alhaji Lai Mohammed, is based on the cardinal principles of Progressive Change which is the cornerstone of the Muhammadu Buhari’s administration, then the creative industry is on its way to Eldorado.

    But on the basis of ego and individuality that sometimes characterise our politics, there may be some hiccups. I pray that this should not be the case. Otherwise what would be the reason for the AGF to hold on to the NCC which has not fared well under ‘Justice’ since its creation?  I think a let-go will be fair to the ‘redundant’ members of staff of the agency who have had no clear record of success with anti-piracy operations and have often blamed their inefficiency on underfunding.

    I trust that the AGF cannot be selfish in this case. This is the Change government of Muhammadu Buhari and all hands must be on deck to develop this nation and achieve the much-desired alternative sources of income generation. The cause is beyond an individual or their ego. There are other major concerns for the Ministry of Justice to busy itself with, and the NCC cannot be the yardstick of its success. Far from it.

    Moreover, now that the entertainment industry desires some harmonisation, the best ground to resolve the little conflict in the roles of the NCC and the National Film and video Censors Board (NFVCB) is under one roof. Meanwhile, taking a look at the The Quartet (an association of the Nigerian Film Corporation, Nigerian Broadcasting Commission, NFVCB and NCC), the NCC is the odd one out. It is time all common-purpose agencies were brought under one umbrella and not play politics with productive initiative.

    Before now, the creative industry was crying over its inability to make international impacts having been restricted from treaties which is not within the jurisdiction of the Ministry of Information. Now that it is rightfully under the Culture Ministry, and everything is looking bright and beautiful, the NCC misalignment shouldn’t be the snag, and the AGF should in the interest of Change see to this.

    On the other hand, I find it quite appalling that PMAN is accusing the Minister of Information of stealing its idea of a creative industry summit. And I think that the crisis that has rocked the association for decades is now taking the semblance of a curse. Who will deliver PMAN from this seeming ancestral spell?

    When a PMAN faction that is yet to be accepted by all is seeking relevance by being controversial, then there is need to question the wisdom of its leadership. How can an idea of a creative industry summit be the exclusive right of anyone or an organisation whether they had forwarded it as a proposal or not? I cannot count the number of summits of that nature that have been held in the last 10 or 15 years, including the all-inclusive annual Nigerian Entertainment Conference (NEC) Series organised by my friend, Ayeni Adekunle Samuel through his NET publication.

    I was not invited to the recent Nigerian Creative Industry Summit but I found my way there. That is what every progressive mind should do. If recognition was the grouse of the leadership of the PMAN in question, they should have simply attended and added their voice, if indeed they have anything meaningful to contribute. Musicians have fared well without PMAN in fortune and glamour for over a decade of its crisis. This is no time for unnecessary attention seeking. If PMAN, which lacks rave-making members, can tell me how it is more relevant to an average musician than the CMO, I will rest my case.

  • Technology drives economic growth, says AGF

    Accountant-General of the Federation Ahmed Idris has described technology as an enabler of economic growth, which cannot be ignored.

    He said Public Financial Management in Nigeria cannot be addressed with the tools and skills of the past.

    Idris, who spoke at the E- Government Summit 2017in Abuja,  said the need for paradigm shift made the Federal Government to embrace and implement Economic Reform and Governance Project (ERGP) with the assistance of the World Bank and the International Monetary Fund (IMF).

    He said: “There is consensus among experts that technology is an enabler of economic growth. In a September 2000 publication under the title, “Science, Technology and Innovation in the New Economy”, the OECD Observer noted that economic performance is significantly driven by science, technology and innovation.

    “Making reference to an analysis of data from selected Organisation for Economic Co-operation and Development (OECD)countries, the publication stated that there is an increase in multi-factor productivity, which is attributable largely “to smarter and more innovative ways of producing goods and services”.

    “Study after study using data dating back to 1870 in the United States by eminent economists, including Stanford’s Professor Moses Abramovitz and Nobel Laureate, Prof. Robert Solow, found that 85 per cent of economic growth is attributable not to labour and capital, but to technology (Nathan Rosenberg, 2004).

    “So, we can take it as settled that technology is a powerful and positive force in our quest for economic development; a force so powerful that we just cannot ignore it.”

    “As you are all aware, the idea of sustainable development is deeply rooted in the theory of intergenerational equity which requires that, as we pursue present benefits for ourselves and our generation, we must take into consideration the consequences to future generations.”

    The AGF said e-Governance should be concerned not only with the automation of government services but also with enabling government to formulate policies.

  • Why Executive can’t spend recovered loot, by AGF

    Why Executive can’t spend recovered loot, by AGF

    Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) has blamed the Legislature for the inability of the Executive to put to use funds recovered from looters.

    He said the responsibility of ensuring that suspected looters were denied bail by the courts lies with the Legislature, who must amend existing laws to that effect.

    Malami was responding to questions at an event tagged: “The Federal Government – Progressives Governors’ Forum (PGF) parley on policy synergy to ensure development,” in Birnin Kebbi, Kebbi State yesterday.

    The event, aired live on the Nigerian Television Authority (NTA), was monitored in Abuja yesterday.

    On the recovered loots, Malami said: “Expenditure is a constitutional function of appropriation. And that exclusively is the responsibility of the National Assembly upon the preparation and presentation by the Executive.

    “It is not something that the Executive can simply deep its hands into the recovered funds without the supporting legislation by way of appropriation,” Malami said.

    On why those accused of corruption and briefly detained in prison were now walking freely, Malami said it was the duty of the Judiciary, acting on the dictate of existing laws, to decide whether or not a detained suspect should be granted bail.

    “As regard the issue that some people allegedly charged to court are moving freely over the place, I think I have to make it clear that issues about the freedom and liberty of an accused or suspect is a chain that involves the Executive, the Legislature and indeed, the Judiciary.

    “But, the ultimate, as regard the grant of bail and the freedom of an accused or suspect lies exclusively with the Judiciary, which has the responsibility of exercising the discretion to grant or refuse bail in any given circumstances.

    “But, above all, the responsibility of ensuring that no corrupt suspect or accused enjoys freedom is exclusively the responsibility of the Legislature, which has the responsibility of changing our laws to ensure that those who are charged with corruption and associated vices are not granted bail,” Malami said.

  • AGF demands capacity training for financial managers

    Accountant-General of the Federation Ahmed Idris, said yesterday that developing the capacity of public officers, especially public financial managers, is the key to efficient and transparent management of the nation’s economy.

    Idris spoke yesterday at the Federal Treasury Academy Orozo, Abuja while receiving the Executive Secretary and management staff of the Petroleum Technology Development Fund (PTDF), Dr. Bello Aliyu Gusau.

    Gusau donated desktop computers, laptops, UPS and books to the Federal Treasury Academy-the training arm of the nation’s treasury.

    A statement by Director Information, (OAGF), Mrs.  Kenechukwu Offie, said the AGF restated his administration’s resolve  to upgrade  the facilities in the Academy  to international standards.

    He said this would enable the academy to deliver fully on its mandate of improving the knowledge of financial managers especially those working with government-owned institutions to brace up with the modern challenges of public finance management.

    He thanked the PTDF for its kind gesture, describing it as a wonderful gesture of partnership and synergy existing between the two organisations.

    He said it has shown that PTDF was living up to its mandate which among other things is to develop the capacity of Nigerians to manage oil and gas .

    Idris  urged the management to put the equipment and books received to good use.

    He said maintenance was critical to sustaining the quality of services to be derived from the equipment.

    He also   enjoined PTDF to set up a monitoring team to ensure that the equipment are  well utilised for the purposes they are meant for.

    The PTDF Executive Secretary described the Office of the Accountant-General of the Federation as one of its closest stakeholders.

    He said the donation of the equipment and books was in response to the efforts of the Accountant –General at improving the standards of public finance management in the country.

    He said the PTDF would work out modalities with the FTA to introduce courses on Oil and gas and accounting.

    He said: “effective accounting knowledge is key to the management of the nation’s oil and gas”

    The Director of Studies at the FTA, Mr. Kadiri, expressed his appreciation to the AGF for his commitment to the Academy.

    Kadiri said the AGF’s achievements in the academy had the records of all his predecessors.

    He thanked the PTDF for the donations, pledging to ensure judicious use of the equipment and books.

  • AGF, EFCC get court’s nod to prosecute Ubah, Capital Oil

    AGF, EFCC get court’s nod to prosecute Ubah, Capital Oil

    •Appeal Court voids purported clearance by AGF, House of Reps, others

    The Court of Appeal in Abuja has set aside the judgment of the Federal High Court, Abuja which among others, prohibited  investigation and prosecution of businessman Ifeanyi Ubah and his firm, Capital Oil and Gas Limited over their alleged complicity in the massive petroleum subsidy scam recorded under the President Goodluck Jonathan administration.

    The court, in a unanimous judgment by a three-man panel, voided the purported clearance jointly issued Ubah and his firm via separate letters written by the Attorney General of the Federation (AGF) and Chairman of the Economic and Financial Crimes Commission (EFCC) and a report by the ad-hoc Committee of the House of Representatives (that probed the oil subsidy scam).

    The judgment was on an appeal  initiated by the Chairman of the EFCC and AGF against the judgment of the Federal High Court, Abuja delivered on July 25, 2013 in a fundamental rights enforcement suit  filed by Ubah and his firm. It was prosecuted by Rotimi Jacobs (SAN), with Ajibola Oluyede and Babs Akinwumi representing Ubah and Capital Oil.

    Court documents revealed that trouble started for Ubah and his firm when the Presidential Committee on the Verification and Reconciliation of subsidy payments to petroleum marketers queried the payment of about N43.291billion subsidy payment to them on the ground that the process leading to the payment was suspicious.

    The case was referred to the Police’s Special Fraud Unit, ‘D’ Department, Force CID, Lagos for investigation. It issued two interim reports dated November 2, 2012 and November 3, 2012, claiming that the transactions involving Ubah and his firm were suspicious.

    Ubah and Capital Oil, who queried the composition of the Presidential Committee on the ground that it was headed by former Access Bank Managing Director, Aigboje Aig-Imokhuede, with another board member, Cosmas Maduka, as member (a bank with which they had financial dispute), had the two police interim reports set aside by a judgment of the Federal High Court on February 18, 2013.

    For unexplained reasons, the police, on February 28, 2013 issued a third report exonerating Ubah and his firm. The House of Reps’ ad-hoc committee gave a similar verdict in its report of April 18, 2012. The AGF, in a legal advice to the EFCC Chairman and the IGP, dated October 2014 exonerated Ubah and his company from criminal liability.

    Based on the AGF’s advice, the EFCC Chairman issued a report dated February 25, 2015 confirming that there was no criminal liability established against Ubah and his firm.

    The AGF followed up with three letters dated March 12, 2015, addressed to the Ministry of Finance, the Debt Management Office and the Petroleum Products Pricing and Regulatory Agency (PPPRA), notifying them that the EFCC has discontinued any investigation into the case and has issued Ubah and his firm clearance letter.

    But, in the Court of Appeal judgment, delivered on May 12, a copy of which The Nation obtained last Friday, Justice Emmanuel Akomaye Agim, who read the lead judgment, said those letters were mere opinions of the authors, not sufficient to confer a status of innocence on a criminal suspect, who has not been tried in court.

    Justice Agim said such letters can also not deter relevant investigative agencies from reopening investigation on the case, because a legal advice by the office of the AGF on a case file sent to it by the police after investigation, was not the same as the exercise of the AGF’s power to take over or discontinue criminal proceedings under Section 174(1)(a) and (c) of the Constitution.

    The judge said Ubah and his firm’s reliance on the letters “and two recent judgments of the Federal High Court, they quickly procured upon obtaining those documents (the letters by AGF, IGP and EFCC Chairman), are all aimed at circumventing and defeating the decisions of this court in IGP v. Ubah, Aig-Imoghuede v. Ubah and Maduka v. Ubah (three decisions of the court’s Lagos division which set aside the February 18, 2013 judgment given by the Federal High Court, Lagos.

    Justice Agim noted that the fact that the office of the AGF and the Chairman of the EFCC have continued to prosecute the appeal despite the letters purportedly written by them in favour of Ubah and his firm, was an indication that “the current holders of those offices have refused to ratify or adopt the letters written by their predecessors.”

    The judge added: “I have held herein that the said report of the ad-hoc committee of the House of Representatives is of no legal effect and that in any case, it did not absolve the 1st and 2nd respondents (Ubah and his firm) from complicity in the massive fraud in the petroleum subsidy payments.

    “I have also held herein that the investigation report in exhibit CAPOIL 4 (the 3rd police investigation report) exonerating the 1st and 2nd respondents from complicity in the commission of the said crimes conflicts with the elaborate findings of facts showing their commission of the offences in exhibits CAPOIL 1 and 2 (the 1st and 2nd police investigation reports) and that this justifies the further investigation of the matters by the appellants.

    Justice Agim noted that one of the allegations raised by then Chairman of Access Bank, Dr. Cosmas Maduka against Ubah and his firm before the Presidential Committee that investigated the subsidy fraud was that they “fraudulently obtained clearance of imported petroleum products when the original copy of the bill of lading for the products was still in the possession of the consignee, Access Bank that financed the letters of credit for the importation.”

    He also noted that the second police investigation report on the case, marked: exhibit CAPOIL 2 contains findings of facts of Ubah and his firm’s involvement in petroleum subsidy payment fraud.

    “Exhibit CAPOIL 4 (third police investigation report) and exhibit PA3 (the report of the ad-hoc committee of the House of Reps) relied on by the 1st and 2nd respondents all agree that there was massive fraud in petroleum subsidy payments involving petroleum marketing companies, tank farm owners and Federal Government officials.

    “There was therefore, a reasonable basis for the suspicion of the 1st and 2nd respondents of committing the said offences.

    “The fuel subsidy fraud involved corruption and fraud on a very massive scale, involving many oil marketing companies and officials of government regulatory agencies, resulting in the looting and stealing of trillions of naira from the Federal Government of Nigeria and threatening the security and economy of Nigeria.

    “This fact is common knowledge and is not open to question. The petroleum subsidy fraud is a serious and very complicated fraud that has dealt a devastating blow on the security and well-being of the people. “

    Justice Agim, who likened the massive fraud that was perpetrated in the name of petroleum subsidy to terrorism and treason, castigated trial court judges, who chose to yield their platforms to suspects being investigated for complicity in such grave offences.

    “Yet, the trial court and other courts have determined applications for the enforcement of fundamental human rights of persons being investigated for committing this and similar type of offences in such a manner as to prevent or frustrate such investigation by issuing injunctions to stop ongoing process and prevent even future processes without regard to the very serious nature of the crime alleged to have been committed and its far reaching destructive effect on society.

    “Such legal processes initiated by suspects to pre-empt the due investigation of the allegations against them amount to gross abuses of the legal process and court processes.

    These pre-emptive legal processes initiated by persons suspected of committing very serious offences such as petroleum subsidy fraud, theft of public funds and properties, terrorism, treason, etc to prevent the initiation or continuation of the due criminal processes of investigation of the allegation against them is not a legitimate or genuine use of the court process.

    Justice Agim frowned at the conflicting roles played in the case by relevant government agencies including the police, the office of the AGF and the EFCC, who at different points, issued letters of clearance to Ubah and his firm.

    Justices Peter Olabisi Ige and Tani Yusuf Hassan, who were members of the three-man panel, agreed with Justice Agim’s views in the judgment.