The Nation Newspaper

Tag: AGF

  • ARREST OF JUSTICES: Minister behind my travail -Justice Ademola

    •AGF: No vengeance, allow the law to take its course

    One of the Federal High Court judges under probe by the Department of State Security Services (DSS), Justice Adeniyi Ademola has accused Attorney-General of the Federation/ Justice Minister Abubakar Malami (SAN) of being behind his travails.

    Ademola, who narrated how 45 DSS operatives invaded his residence penultimate  Friday and ‘abducted’ him, claimed he once ordered the detention of Malami for alleged professional misconduct. He branded his arrest by the DSS as a ‘vendetta and revenge’ by Malami.

    He further alleged that he was forced at gunpoint to sign the inventory of items DSS claimed to have  recovered from his residence.

    Ademola, who opened up in a report to the Chief Justice of Nigeria, Justice Mahmud Mohammed, said 45 DSS operatives invaded his home at midnight on October 7, to conduct a search. He said he was picked up by the DSS without any warrant of arrest.

    But the AGF last night said he will “not join issues with Justice Ademola in order not to jeopardize ongoing investigation.”

    “The judge should allow the law to take its course instead of clinging to the last straw to defend the allegations against him,” he said through a spokesman.

    Justice Ademola in an October 11, 2016 letter to the CJN expressed regrets that he was ‘abducted’ on October 7 by DSS operatives.

    His words:  “On the 07/10/2016, I was in my house at No. 30 Ogbemudia Crescent, Apo Legislative Quarters, Abuja. On or about 12:00am (midnight) of the said Friday, I was awakened by loud sound of banging, breaking and hitting on my front door.

    “This gave me a lot of fear as I thought whoever was banging and hitting at my door were armed robbers or thieves especially because this was at an ungodly hour of the night.

    “Therefore I remained in my room upstairs and carefully listened to all the noise that came from downstairs. At this point, these persons had already started breaking into my house through the front door.

    “After some minutes, I heard the door fall to the ground and about 15 minutes also, some persons began to hit my living room door. This movement continued for about at least an hour, then I heard footsteps on my staircase and these unknown persons finally reached my bedroom door.

    “They asked me to open the door and I responded, asking them ‘who are you?’ They answered, we are officers of the Department of State Security Services (DSS) and we are here with a Search Warrant to search your house. I told them to allow me to call my counsel. At this point, they had already begun kicking at my door and after about three kicks, I got up and opened my bedroom door and let them in.

    “To my surprise, I saw about 45 masked officers of the DSS all heavily armed pointing their guns at me.

    “They flashed a document purported to be a search warrant and ordered me to sign on a document claiming that they had already conducted a search downstairs. They also added that I was totally under their control today as I have always made order against them (the DSS).

    “I complied and upon getting downstairs, I noticed that they had already scattered everything in the room on that floor. In the middle of the search, my counsel came and they continued with the search.

    “After the search they informed me that before they got to my bedroom, they found some money in my guest rooms downstairs. I moved back to my living room space, while they were searching, where I sat down waiting for them to finish.

    “When they finished, they came back to me with their guns still pointing at me, instructed me to take them back to my bedroom.

    “Upon arrival in the said room, they began their search again thoroughly in and out of my personal belongings i.e, bags, boxes and collected personal family documents and draft judgements.

    “All this activity lasted for about six hours and when they finally finished with their guns still pointed at me, they handed a document to me purported to be an inventory of the items found upon their search and threatened me to sign it as being true.

    “They threatened me if I did not sign it, they would not leave me alone and whatever they did to me at that point would be recorded that I will not be alive to tell the story of what transpired between me and them that night.

    “For fear and interest of my life, and unknown persons with mask on their faces, I collected the written items and signed the document.

    “I was whisked away at about 6 am to the office of the DSS ‘without any warrant of arrest or reason for my arrest.”

    He said he was informed 24 hours later that he was arrested based on “a petition by Hon. Jenkins Davies dated 4th of April, 2016 to the  National Judicial Council; granting bail to Col. Sambo Dasuki; and  unconstitutional release of Nnamdi Kanu.

    “After stating the grounds for the invasion as stated above they requested for explanation of the money found in my apartment, as well as two licensed firearms also found in my apartment….but they were unable to tell me the exact amount recovered.”

    On Malami, he said: “What is more intriguing in this whole episode, is that I see it as a vendetta/revenge from the Hon. Attorney General of the Federation, Abubakar Malami (SAN) whilst I was in Kano between 2004 and 2008. As a Federal High Court Judge, he was involved in a professional misconduct necessitating his arrest and detention by my order. However, with the intervention of the Nigerian Bar Association (NBA), Kano branch, the allegation of misconduct was later withdrawn by me.

    “Consequently, the National Judicial Council ( NJC) referred Abubakar Malami (SAN) to the NBA Disciplinary Committee for disciplinary action. It was as a result of this he was denied the rank of SAN by the Legal Practitioners Privileges Committee for a period of four years until when he produced a fake letter of apology, purportedly addressed to me.

    “It was then he was conferred with the rank. Since the above incident, Abubakar Malami (SAN) has threatened to revenge, and swore to do anything to bring me down.”

    The Federal High Court Judge appealed to the CJN to grant him leave to enable him pursue justice over alleged  infringement of his fundamental human right by the DSS.

    “My Lord, with this infringement of my fundamental right, I seek for the leave to commence an action against the Department of Security Service to enforce my right that was breached.”

    Ademola attached photocopies of the orders he gave against the DSS in respect of Dasuki’s case and the damage allegedly done to his property by the security officers.

    Reacting to the allegations, the Special Adviser on Media and Publicity, Mr. Salihu Isah, the AGF said: “The Minister of Justice will not join issues with Justice Ademola in order not to jeopardize ongoing investigation.

    “The judge should allow the law to take its course instead of clinging to the last straw to defend the allegations against him.  At the end of the day, justice shall prevail. He should let the ongoing process take its full judicial course.

    “Having sworn to an oath to do good to all, the AGF has no cause to embark on vengeance or intimidation of any judge or any Nigerian.”

     

  • Man arrested for Impersonating AGF

    The Department of State Security Services (DSS) has arrested a fraudster impersonating the Accountant General of the Federation, Mr. Idris Ahmed.

    A statement from the Office of the AGF signed by Ifeanyi Okereke for the Deputy Director, Press and Public Relations, said “some unscrupulous elements have created social media accounts and parading themselves on the platforms as the Accountant-General of the Federation (AGF).”

    By creating these social media accounts, the OAGF said the scammers “are and may be defrauding unsuspecting members of the public.”

    The OAGF, according to the statement, reported the nefarious activities of the scammers to the Department of State Services (DSS) which resulted in the arrest of one IZUAGIE MOHAMMED by security operatives in Benin City, Edo State on August 24 for impersonating the AGF.

    “Mohammed, using a bogus facebook account where he poses as the Accountant-General of Nigeria, had already defrauded some unwary members of the public, by promising to help them facilitate access to the Central Bank Empowerment Loans, among other dubious claims,” the statement said.

  • AGF seeks takeover of high profile criminal cases from EFCC, Police, others

    AGF seeks takeover of high profile criminal cases from EFCC, Police, others

    Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has directed prosecuting agencies to compile list of “high profile criminal cases” they are prosecuting for transfer to a special committee.

    Malami, a few months ago, constituted the c National Prosecution Coordination Committee (NPCC) with a brief to assume prosecution of some identified “high profile criminal cases” being handled by prosecuting agencies.

    The minister said the committee was constituted to ensure “smooth and prompt” prosecution of such cases.

    The directive for the agencies to compile the list of such pending cases was announced yesterday in Abuja at a meeting with heads of the prosecuting agencies and representatives of the AGF.

    The agencies at the meeting are: The Police, the Department of State Services (DSS)), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices & other related offences Commission (ICPC) and the Federal Inland Revenue Service (FIRS).

    Minister’s  spokesman Salihu Isah, said in a statement yesterday that the directive by the minister was communicated to heads of the affected agencies by the Special Assistant to the President on Research and Special Project, Sylvester Imhanobe, who is also the Secretary of the NPCC.

    He said while it was the prerogative of the AGF to determine what case pass as high profile, other criteria to be considered include that such a case “must have overriding public interest elements,” and that “the quantum of value of a case and its sensitivity also influences whether a case is a high profile case or not.”

    Isah said members of the committee are mainly his aides as well as eight external members selected on the basis of experience and expertise, stressing that Heads of Agencies are not part of the NPCC due to their busy schedule.

    He said the decision to exclude heads of the agencies was not to distract the Heads of these agencies, but rather to engender smooth synergy between the committee and the agencies.

    The Special Assistant to the President on Coordination and International Affairs under the Federal Ministry of Justice, Mr. Pius Oteh who chaired the meeting, reiterated that it was for the purpose of sensitizing the relevant Agencies on the objectives of the National Prosecution Coordination Committee.

    He said the AGF in his wisdom saw the need for coordination and cooperation between the NPCC and these Agencies with prosecutorial and investigative powers.

    He added that it was necessary for cooperation and synergy between the Committee and the Agencies consistent with the mandate of President Muhammadu Buhari in the anti-graft war.

    Oteh said beyond the synergy and partnership between all concerned, a robust interface among the Agencies was necessary, pointing out that the agencies should take their mandate seriously for a more vigorous and efficient prosecution.

    Speaking on the delay in the justice system, Oteh said every stakeholder has a responsibility towards a more efficient and humane criminal justice system.

     

  • Exhuming ex-governors’ cases

    Exhuming ex-governors’ cases

    It’s in order; but there should be no sacred cows in the anti-corruption war

    President Muhammadu Buhari’s government appears poised to expand its war against high profile corruption beyond what is commonly called  Dasukigate. According to a report, the Attorney-General of the Federation (AGF) has directed the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to reopen already investigated corruption cases against 31 former governors. The AGF also reportedly asked that file copies of the cases be duplicated and copies sent to his office within 14 days.

    We support the government’s effort to prosecute every crime and to recover assets stolen from our country, and we hope the AGF’s request is geared towards that mission. But we also note with concern that the effort in the past few months, characterised by excitable media attention, has not yielded much result. Many of the cases against high profile officials in the last government are barely off the starting block, despite the high hopes in the new Administration of Criminal Justice Act. So, we hope the newest effort to dredge up the old corruption scandals will not merely end up in more media attention and drama, with little to show at the end of the day.

    We are also mindful of the fact that credibility challenges are already sniffing at the anti-corruption campaign, with some serving high-profile officials, like the Minister of Interior, Abdulrahman Bello Dambazau, and the Chief of Army Staff, Lieutenant-General Tukur Yusuf Buratai, linked to allegations of corruption still in government. There is even the allegation that their names have been surreptitiously removed from the list of those being investigated and who may soon be charged for diversion of funds meant for arms purchase, while they were all in charge. So, the public can legitimately ask, whether a government which cannot treat a fresh wound, can cure leprosy?

    For, while it is in our common interest to see that those who abused public trust pay for their crime, the AGF and agencies under him must be seen not to treat some people as sacred cows. In his letter to the anti-corruption agencies, the AGF reportedly defined high profile cases as those “involving alleged misconduct amounting to economic sabotage; involving complex financial transactions or property movement; involving any of the suspects, who is a politician, a public officer or judicial officer; and where the subject matter involves government or corruption of its official or involves the abuse of office.”

    The names of the former governors attached to the memo of the AGF fit into the above definition just as the two officials in the present administration that we mentioned earlier. Some of the governors, despite cases of alleged corrupt practices pending against them in courts, have even gone ahead to occupy more sensitive positions, as elected or appointed officials, and unless the cases against them are thoroughly investigated and prosecuted, their fortunes may continue to rise, from the ashes of corruption.

    According to the report, the list of former governors to be further investigated include the current senate president, Bukola Saraki, who is a former governor of Kwara State; senate minority leader and former governor of Akwa Ibom State, Godswill Akpabio; the factional chairman of Peoples Democratic Party and former governor of Borno State, Ali Modu Sheriff. Also on the list are former governors Orji Uzor Kalu (Abia); Chimaroke Nnamani (Enugu); Saminu Turaki (Jigawa); Sule Lamido (Jigawa); Joshua Dariye (Plateau); Ahmed Yerima (Zamfara); Gabriel Suswam (Benue); Martin Elechi (Ebonyi); Danjuma Goje (Gombe) and Murtala Nyako (Adamawa).

    Other names on the list include Ikedi Ohakim (Imo); Obong Victor Attah (Akwa Ibom); Achike Udenwa (Imo); Abdullahi Adamu (Nasarawa); Gbenga Daniel (Ogun); Jolly Nyame (Taraba); Boni Haruna (Adamawa); George Akume (Benue); Rashidi Ladoja (Oyo); Attahiru Bafarawa (Sokoto); Adebayo Alao-Akala (Oyo); Usman Dakingari (Kebbi); Adamu Mu’azu (Bauchi); Peter Odili (Rivers), and Lucky Igbinedion (Edo). The case of Dr. Odili will be interesting to follow, considering that he was reported to have secured a strange perpetual injunction from a high court, against further prosecution, by some of these anti-corruption agencies.

    So, while we support the anti-corruption drive to strike as far as it can, we also urge the AGF to bring in greater efficiency to the cases already in court. We note of course the involvement of the Presidential Advisory Council headed by Professor Itse Sagay, in fashioning out a comprehensive prosecution manual, to help the on-going anti-corruption war. Perhaps, their support and direction may help change the tide against the inefficiencies noticeable among the prosecutors.

    As stated by Professor Sagay in an interview, the option of plea bargain can be guardedly used to help achieve quicker result and save scarce state resources. This may be very useful in some of these resurrected old cases, with all the challenges that may arise from the delay in investigation and prosecution.

  • Separation of Office of AGF from Minister of Justice still possible, says Ekweremadu

    Separation of Office of AGF from Minister of Justice still possible, says Ekweremadu

    Deputy Senate President Ike Ekweremadu has said separation of the Office of the Attorney-General of the Federation (AGF) from that of the minister of Justice, was still possible, if Nigerians desired it, to strengthen justice delivery.

    A statement by his Media Adviser, Uche Anichukwu, said Ekweremadu spoke at the weekend while fielding questions from reporters during a tour of the construction site of the National Headquarters of the Nigeria Bar Association (NBA) in Abuja.

    It said Ekweremadu hailed the Bar leadership, under Mr. Augustine Alegeh, for continuing with the project, started by his predecessor.

    It quoted Ekweremadu as saying that the proposal to separate the two offices did not see the light of the day, because the Fourth Alteration Bill was not assented to by former President Goodluck Jonathan.

    The statement said the Senate deputy president noted that although he believed in the idea, it was a decision for Nigerians and lawmakers to make.

  • AGF, Kekere-Ekun, others seek improved justice delivery

    ATTORNEY-General of the Federation and Minister of Justice Mr Abubakar Malami (SAN), Justice Kudirat Kekere-Ekun of the Supreme Court and former Solicitor-General Fola Arthur-Worrey have sought an improvement in the justice delivery system.

    The trio and others spoke at a public lecture organised by the United Action for Change.

    The lecture, with the theme Access to quality justice in Nigeria was held at Oranmiyan Hall, Lagos Airport Hotel, Ikeja

    Malami hailed the organisers’ foresight in taking steps to articulate the roadmap towards the improvement of access to justice for Nigerians.

    According to him, the justice sector over the years has been bedevilled with series of challenges, such as inadequate human resource, lack of funding, poor internal management, poor accountability mechanisms and lack of coordination across justice sector institutions and other arms of government.

    These challenges, he said, have made access to justice a herculean task to achieve.

    Access to justice, he added, goes beyond improving a citizen’s access to courts or guaranteeing legal representation.

    “It extends to the ability of formal or traditional justice institutions both at the local, state and federal levels to ensure that laws, rules of engagement and respect for human rights are upheld. It calls for a radical review of the way the justice system is structured. The quality and timeliness of justice delivered is what makes access to justice an effective instrument for the protection of rights of all citizens,” Malami said.

    Justice Kekere-Ekun said the apex court is open to suggestion on how to improve justice delivery system in the country.

    She said Nigerians must have a change of mind in the nation’s judiciary.

    She said from all indications, the nation’s judiciary is on trial.

    Arthur-Worrey blamed systemic failure for the crises in the judiciary.

    The convener of the group Dr Muiz Banire said the lecture was put in place for Nigerians to have a say in correcting the mistakes of the past in order to chart a way forward for the country.

    Banire, the All Progressives Congress (APC) National Legal Adviser, said the jurisdiction of the Supreme Court should be given a critical review such that only important constitutional cases would be subject of appeal to the Supreme Court, thereby making the Court of Appeal the final court in most contractual and tortuous cases.

    This, he said, would reduce the congestion of cases in the apex court such that cases spending decades before they are decided would become a thing of the past.

    He reiterated the need for financial autonomy for courts, saying: “Every court must control its administrative budget and not be subjected to financial control by the executives or any other arm of government as financial autonomy is critical to dispensation of justice.”

    The Senior Advocate of Nigeria (SAN) urged the National Judiciary Council (NJC) to put in place an internal monitoring system on judges and not wait for whistle blowers.

    “Bureaucracy must be eliminated in the administration and appointments of court registrars. There must be standard human resource procedures in the recruitment and appointment of judges,” Banire said.

  • The tango between Senate and AGF

    SIR: Recently the Senate summoned the Attorney General of the Federation to explain why he was prosecuting the Senate President and the Deputy Senate President over alleged forgery of the Senate rules.

    The AGF sent a representative in the person of Chief OkoiObono-Obla, Special Adviser to the President on Prosecution. The chief was not granted audience. He later on addressed the press where he submitted that the Senate has no powers to summon the AGF on the issue. This comment has raised some dust in legal and political circles.

    Under S.67 (2) A minister of the government of the federation SHALL attend the National Assembly if invited to explain the conduct of the ministry and when the affairs of the ministry is under discussion.

    Under S 88 of the Constitution also, the National Assembly has powers to investigate any Ministry, Agency, department or persons and by so doing invite any such person.

    Under S 89 of the Constitution, the National Assembly also has power to summon anyone in Nigeria to give it to further any investigation under S 88.

    Finally under S 89 (2) The National Assembly can further issue any warrant through the Inspector General of Police or any police officer to compel the attendance of the person summoned.

    However, the AGF is a sui generis minister. He is unlike any other minister in the cabinet. In fact his portfolio is the only one provided for in the constitution. Other ministries can be scrapped, merged and renamed as the President desires but not the ministry headed by the AGF.The AGF is both the minister of justice and the chief law officer of the country. In fact many have campaigned for these two huge responsibilities to be separated to avoid confusions like the one we are talking about here.

    Of course, the Senate has the powers to summon any minister including the minister of justice.But when the AGF is acting as a law officer and a prosecutor he becomes an officer of the court and a sort of god unto himself. That is what Chief Obono-Oblawas saying when he said: “The Honourable Attorney General in  exercise of his power over public prosecution under Section 174 subsection 1 of the Constitution is not answerable to any authority or person and as such the exercise of this power is not subject to review by any authority, even the courts. See State v Ilori (1983) 2 SC 155′.”

    As the minister of Justice, the AGF is part of the executive but when acting as a prosecutor he is strictly part of the judiciary.

    The Senate can summon the AGF as the minister of Justice to give account of his ministry but he cannot be summoned while acting as a prosecutor. That’s what the constitution says and that is what the Supreme Court decided in State v. Ilori.

    The Senate cannot terrorise the judiciary under the guise of oversight functions. The constitution that anointed it with the powers to oversee ministers is the same constitution that anointed the AGF with the vast powers to prosecute anyone without being answerable to anyone.

     

    • First Baba Isa,

    Abuja.

  • Saraki, Ekweremadu forgery case: AGF is partisan, says Senate

    Saraki, Ekweremadu forgery case: AGF is partisan, says Senate

    The Senate yesterday described Attorney General and Minister of Justice Abubakar Malami (SAN) as partisan, in the forgery case he is prosecuting against Senate President Bukola Saraki and Deputy Senate President Ike Ekweremadu.

    Chairman, Senate Committee on Media and Public Affairs, Senator Aliyu Sabi Abdullahi, in a statement accused Malami of having “personal and pecuniary interest in the case as he was a counsel to the aggrieved Senators who decided to externalise the issue of election of the leadership of the upper chamber of the National Assembly after they failed in their bid to get their preferred candidate elected.”

    Abdullahi described Malami as “the one who advised his clients to report the matter to the Police and now that he has become AGF, he decided to use his constitutional powers to pursue private interest by filing a criminal case in the FCT High Court against the subsisting ruling of a court of co-ordinate jurisdiction.”

    The statement added: “When the Senate invited the AGF to come and throw light on the forgery case, it was not to challenge his right to file, take over or discontinue any criminal case but for him to explain the issues of conflict of interest, abuse of office, disrespect of a subsisting order of  a court and violation of the principle of Separation of Powers which are being raised against him.

    “When his supporters jumped up and started abusing the Senate over the invitation, we know our position that an Attorney General and indeed any public officer for whose office public funds are appropriated can be invited by the Senate and the House of Representatives to explain certain issues, is on firm, constitutional ground.

    “That is in spite of the fact that the AGF is responsible to the President who appointed him.

    “It should be noted that Malami’s name is still on the list of lawyers defending Senator Suleiman Hunkuyi and others in the Federal High Court.

    “We invite all Nigerians, including those shouting over whether it was right for the Senate to invite the AGF or not, to read the ruling of Justice Kolawole and conclude whether Malami is still fit to be AGF in a government which canvasses change and rule of law.

    “Our position as a law making chamber is that the Office of AGF is a sensitive and strategic one being the only other office in the executive arm apart from that of President and Vice President to which the constitution specifically assigns some roles and powers.

    “It must therefore be occupied by a sober, law abiding, brilliant, mature, broad-minded and less partisan lawyer.

    “Mr. Malami is yet to convince us with his handling of this case that he possesses these attributes.

    “We call on him to respect the ruling of the court and to redeem the integrity of his office.

    “In conclusion, the Senate is calling on all parties, Mr. Malami, the Attorney General inclusive, to heed the wise, timely and apt advice of former Vice President Atiku Abubakar that “it is time to move on.”

    “Truly, Nigeria needs our collective energy to address the various challenges – notably increasing poverty, hunger, youth unemployment, general insecurity and kidnapping, among others – which are time bombs that we can only ignore at our own collective peril.”

  • AGF to Ikpeazu, Ogah: wait for courts’ decisions

    AGF to Ikpeazu, Ogah: wait for courts’ decisions

    Abia State Governor Okezie Ikpeazu is to remain in office pending the outcome of his appeal against last week’s decision of the Federal High Court sitting in Abuja, which declared him ineligible for the Peoples  Democratic Party (PDP) ticket with which he contested last year’s general election.

    Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN) yesterday advised that all the parties should wait for the outcome of the appeal before any action is taken.

    Following Justice Okon Abang’s order, the Independent National Electoral Commission (INEC), in compliance with the “forthwith” order of the court, issued a certificate of return to Dr. Uchechukwu Ogah, the plaintiff favoured by the judgment, which found the governor guilty of tax certificate deficiencies.

    Ogah then proceeded to Umuahia to press for his swearing in but Chief Judge was unavailable, thereby creating a political stalemate in the state.

    The Attorney General distanced himself from the controversy in a statement yesterday by Salihu Isah, his media assistant. Malami, who advised parties to the crisis to await the final resolution of the dispute by the courts, said he was yet to offer any legal opinion on the issue because no one has sought his opinion.

    The AGF faulted insinuations that his office was prompted by the Federal Government to advise INEC to issue Ogah with a certificate of return.

    The statement said: “The attention of the office of the Honourable Attorney General of the Federation and Minister of Justice has been drawn to the insinuations and crass lies being peddled and disseminated by a cross-section of Nigerians and the various media platforms that the Honourable Attorney General of the Federation is behind the legal logjam over the Abia State governorship seat and wishes to clarify that those canvassing this position have no basis to do so.

    “Of particular concern are those who have peddled ill-natured rumours with a view to misinform our discerning populace that it was the Honourable Attorney General of the Federation and, by extension, the Federal Government of Nigeria that gave directives to the Independent National Electoral Commission (INEC) to issue Certificate of Return to Dr. Uchechukwu Ogah declaring him governor-elect.

    “He has definitely not taken any action either by spoken words or body language as far as this Abia governorship crisis is concerned.

    “I wish to, therefore, on behalf of my principal, declare that these rumours are untrue and a figment of the imagination of those pushing these selfish, shameless and irredeemable lies into public space which only translates to partisanship on the side of its purveyors. ”As far as the Honourable Attorney General of the Federation is concerned, the constitutional powers for the legal opinion of his office have not been invoked on this issue. So far, nobody has approached him to proffer any legal opinion to it.

    “As a strong believer in the rule of law, it is his belief that the law should naturally take its cause. The Honourable Attorney General of the Federation will not be dragged into this controversy and mind-games being played out by the various legal minds and spin doctors of both camps at this point. The parties involved should await the decision of the courts.

    “In fact, we wish to by this statement advise those in the habit of dragging the highly esteemed office of the Honourable Attorney General of the Federation and Minister of Justice into knotty issues of this kind, even when it is yet to take a position, to desist from these unwarranted presumptions henceforth.”

  • Abia stalemate: Buhari awaits legal advice from AGF

    Abia stalemate: Buhari awaits legal advice from AGF

    •Malami returns from lesser Hajj Monday
    •CJ’s refusal to swear me in, an affront on the rule of law –Ogah
    •Another PDP member, Nwosu, lays claim to Ikpeazu’s seat

    President Muhammadu Buhari is awaiting legal advice from the Attorney-General of the Federation, Mallam Abubakar Malami (SAN) on the governorship tussle in Abia State, The Nation gathered last night.

    Malami, is cutting short his trip to Saudi Arabia for lesser Hajj and may return to the country tomorrow in connection with the development.

    In the meantime, the president has ordered security agencies to ensure that there is no breakdown of law and order with three persons now laying claim to the governorship seat.

    Dr. Uche Ogah who was issued a certificate of return by the Independent National Electoral Commission (INEC) on the order of a Federal High Court, Abuja for the purpose of assuming office as governor has described the refusal of Chief Judge Theresa Uzoukwu to swear him in as an affront on the rule of law.

    The stalemate took a twist yesterday after one of those who contested the PDP governorship ticket in the state in December 2014, Sir Friday Nwosu, declared yesterday that he, and not Ogah, should replace Governor Okezie Ikpeazu.

    Nwosu, like Ogah, has filed a suit in court accusing the governor of forging his tax documents.

    The Nation learnt that security agencies have extracted a commitment from Governor Ikpeazu and Dr. Ogah to sheath their swords until there is a legal opinion on the confusion in the state.

    A top government source said: “The President is awaiting legal advice from the Attorney-General of the Federation and Minister of Justice who has been away to Saudi Arabia for the lesser Hajj.

    “In line with his commitment to the Rule of Law, there is nothing the President can do without a legal opinion.

    “The AGF is expected back in the country on Monday and from then we may get a legal opinion on the situation in the state.”

    Another source said the President had taken appropriate steps to prevent a breakdown of law and order in the state.

    The source said: “All security agencies have been ordered to beef up security and prevent acts capable of causing unrest and breaches in the state.

    “In line with the directive, security agencies have extracted commitment from Ikpeazu and Ogah that they will not take the laws into their hands. This was why the state Director of DSS had audience with Ogah on Thursday. The sitting governor has also given assurance to continue to ensure peace in the state.’

    Ogah’s Special Adviser on Public Communications, Monday Onyekachi Ubani  said yesterday in Abuja that  Justice  Uzoukwu’s action was  capable of undermining the peace and stability of the state.

    He rubbished the stay of execution which Ikpeazu said he obtained against the verdict of the FHC Abuja asking him to vacate office, as a black-market injunction that has no force of law.

    His words: “In a pre-election matter, the enforceability of a court judgment is immediate as the losing side in the legal argument, in this case, Ikpeazu, was never adjudged to have been qualified to contest the election in the first place while in a post-election matter the mandate enjoyed by an incumbent subsists until the tribunal or appellate courts rule otherwise.

    “The court having found that the information Ikpeazu supplied about his tax payments was all false, ruled that he was not qualified to have participated in the primary election of PDP in December 2014, that all the votes he gathered at the said primaries were invalid and of no effect, in fact wasted.

    “Since a general election has been held and the PDP won, Ikpeazu was asked to vacate his seat while the certificate of return should be issued to Ogah who came second during the primary election. He was ordered to be sworn in by the Chief Judge of Abia state immediately. Note the word used by the presiding judge was immediately.

    “Enrollment order was procured by Dr Uche Ogah and INEC was served and they obeyed the extant judgment of the Federal High court by issuing Dr Ogah with the certificate of return”.

    He dismissed the injunction granted Ikpeazu stopping the swearing in of Ogah.

    He said:”I am not ignorant of the black market injunction allegedly obtained by Ikpeazu at Osisioma Ngwa High court restraining the Chief Judge of Abia state from swearing in Dr Ogah. “That interim order was premised on section 143 of the Electoral Act which is only applicable to judgments obtained in Election Tribunals, but not in pre-election matters.

    “It is a laughable ruling not worth the paper it was written. For God’s sake, a high court in Abia is a court of coordinate jurisdiction with a Federal High court and so any order given by such court to contradict an earlier order of the same court is ipso facto null and void. It is only a higher court that has the legal capacity to reverse the earlier order or judgment”.

    “Failure or delay to swear in Ogah as the duly elected Governor of Abia state is an unqualified affront to the rule of law and constitutional governance in a true democracy, and an act that is capable of undermining the peace and stability of the state.

    “Ikpeazu has been duly removed as Abia state Governor and not amount of legal shenanigans and illegal public holidays will derail the law of the land taking full effect.  Ogah will be sworn-in in due course so as to avoid the dangerous power vacuum that currently exists in Abia State and for him to begin the urgent task of empowering Abians with his laudable developmental programmes already lined up.”

    However, one of the PDP governorship aspirants in the December 2014 primaries, Sir Friday Nwosu, yesterday faulted the judgment of the Federal High Court, Abuja, which sacked Ikpeazu and declared Dr. Uche Ogah as governor.

    Nwosu who is also challenging in court the validity of  the tax papers submitted  by Ikpeazu for the election  said he was the rightful candidate of the party.

    The suit is being heard by  Justice A.I. Alagoa of the Federal High Court, Owerri.

    Nwosu who spoke in a telephone interview with journalists stated that the court erred in law when it declared Ogah as governor since  he  (Ogah) refused to accept the result of the December 8, 2014 PDP primaries and thereafter petitioned the national leadership for a rerun of the exercise.

    Nwosu said: “The judgment is in error and cannot stand judicial scrutiny. Dr. Uche Ogah should not be allowed to benefit from an exercise he totally condemned by refusing to sign the result and petitioning the party to conduct another primary election.

    “He should wait for the rerun of the PDP primaries which he prayed for in his petition to the party. In the eyes of the law, Dr. Okezie Ikpeazu and Sir Friday Nwosu, were the only candidates who ran for the party primaries. Since Dr. Okezie Ikpeazu has been disqualified, I remain the lawful candidate of the PDP and ought to be declared governor.

    “Again, the PDP in its Constitution recognizes zoning of political offices. The 2015 governorship position was rightly zoned to Abia South in the spirit of justice and equity. Since Dr. Uche Ogah is a member of the PDP, he must abide with the decisions of the party. Therefore, he cannot emerge from behind to shortchange the people of Abia South.”

    He said he has appealed the verdict and urged his teeming supporters across the state to remain law abiding, adding that justice would be served on his petition which is being heard by the court.