Tag: AGF

  • Court bars NDLEA from arresting Kashamu

    Court bars NDLEA from arresting Kashamu

    Justice Okon Abang of a Federal High Court in Lagos on Wednesday  stopped the police and other law enforcement agencies from arresting or extraditing the Senator-elect, Prince Buruji Kashamu, to the United States to stand trial for alleged drug trafficking.

    ‎He made the order while delivering judgment in a fundamental rights suit FHC/L/CS/508/15, filed by Kashamu against the Inspector General of Police (IGP) and 11 others, just as he awarded N20,000 cost in favour of the applicant against Chairman, National Drug Law Enforcement Agency (NDLEA), Ahmadu Giade, and N10,000 against the National Security Adviser (NSA), Attorney-General of the Federation, and the Nigeria Security and Civil Defence Corps (NSCDC), to be paid before further steps can be taken.

    The judge declared as illegal any attempt to abduct or forcibly transport Kashamu to the U.S to stand trial in relation to drug-trafficking allegations, for which he had been exonerated by two British courts.

    He further held that having earlier obtained a subsisting court judgment in Nigeria on January 6, last year, restraining his arrest, extradition to the U.S, Kashamu cannot be arrested or extradited to the America by the respondents.

    Suspecting a conspiracy between the AGF, Mohammed Adoke and the IGP, Solomon Arase, to abduct and whisk him to U.S before his swearing-in as Senator on May 29, Kashamu had in April, instituted a suit before the court, seeking nine declarative orders against the agencies.

    ‎Other respondents in the suit include Chairman, Economic and Financial Crimes Commission (EFCC); Director General, State Security Service (SSS); The Interpol National Central Bureau, (NCB); the Clerk of the National Assembly; Independent Corrupt Practices and other Related Offences Commission (ICPC); Nigeria Custom Services (NCS), and Nigeria Immigration Service (NIS).

  • 2015 poll: AGF denies funding alleged N2b anti-election suits

    2015 poll: AGF denies funding alleged N2b anti-election suits

    The Office of the Attorney-General of the Federation yesterday denied that the Minister of Justice, Mr. Mohammed Bello Adoke(SAN) is bankrolling the alleged N2billion anti-election suits .

    Adoke,the ministry said in a statement in Abuja, remains committed to the conduct of free, fair and credible elections and within the time frame stipulated by the 1999 Constitution and the Electoral Act.

    It said that that the Office of the Attorney-General of the Federation has not received N 2 Billion to facilitate the filling of lawsuits to postpone/terminate the elections or disqualify any candidate.

    The ministry cited the AGF’s order for the withdrawal of an affidavit, purportedly from the Federal Government, against the use of Permanent Voters Cards during the forthcoming elections,as a measure of his sincerity.

    Senior Special Assistant to the minister,Prof. Peter Akper,who signed the statement said the allegation was to harass and intimidate the AGF from discharging his duties.

    His words: “I wish to categorically state from my vantage position that these allegations are not only false but are designed to harass, distract and intimidate the Attorney General from discharging his duties.

    “Let Nigerians be assured that the Attorney General of the Federation remains committed to the conduct of free, fair and credible elections and within the time frame clearly stipulated in the Constitution of the Federal Republic of Nigeria, 1999 and the Electoral Act, as amended.

    “Mr. Mohammed Bello Adoke, is very conscious of the ethical and professional demands of his high office and his constitutional responsibility as ‘Guardian’ of the Constitution and has demonstrated this time and again in the discharge of his duties. He is one Public Officer that has the moral conviction and courage to speak the truth at all times in the defence of national interest, no matter whose ox is gored.

    “Aware of his place in history and the experiences of his predecessors in office, Mr. Adoke has refrained from partisanship and has not allowed it to becloud his sense of judgment.”

    The OAGF also explained that the Minister had withdrawn a Federal Government’s affidavit and written address in support of non-use of Permanent Voter Cards (PVCs) during the fortcoming elections and that “It was this strength of character that prompted him to disassociate himself from the affidavit that was supposedly deposed to on his behalf, by a Staff of the Federal Ministry of Justice without his authority and knowledge of its contents.

    “Adoke, as I know him, is irrevocably committed to the conduct of the general elections; he is a constitutional purist who would rather resign his office, than engage in acts capable of undermining the Constitution.

    “His strength of character and personal conviction will not permit him to resort to underhand tactics in order to subvert the electoral process.

    “To the best of my knowledge, the Office of the Attorney General of the Federation has not received N2billion to facilitate the filling of lawsuits to postpone, terminate the elections or disqualify any candidate. I challenge any lawyer who has been so retained to speak up in the interest of our democracy and present his or her letter of instructions to that effect. “

  • Boko Haram displaces 1.65m Nigerians, says AGF

    The Attorney-General of the Federation (AGF), Mr. Mohammed Bello Adoke (SAN), said yesterday  that the Boko Haram insurgents have displaced about 1, 650,000 Nigerians.

    He said he issued advisory to Boko Haram and  those involved in the conflict, on the legal consequences of the unlawful use of children in armed conflict.

    Adoke said the Federal Government would hold accountable, those found culpable “for this crime and other crimes, such as abduction, rape, maiming, forced displacements and sexual slavery.”

    He said the elections were shifted to provide security and avoid disenfranchising 24million Nigerians.

    Adoke, who spoke at the 28th Session of the United Nations Council on Human Rights in Geneva, said the government was disturbed about the increasing use of child-soldiers and under-aged female suicide bombers.

    The text of the AGF’s address was made available to reporters in Abuja by his office.

    He said: “Nigeria’s experience in combating terrorism and insurgency perpetrated by the Boko Haram sect in the Northeast and our common borders with Chad, Niger and Cameroon demonstrates the relevance and potency of international cooperation and solidarity in tackling this scourge.

    “Since the insurgency began, close to 650,000 Nigerians have been internally displaced in the Northeast; and another one million as refugees in neighbouring countries, such as Cameroon, Chad and Niger. This situation has posed grave humanitarian situation in the affected areas, including the neighbouring countries.

    “We note with satisfaction, the recent successes achieved by security forces and the increased level of cooperation at regional and sub-regional levels to raise a multi-national force of 8,700 involving Chad, Niger, Cameroon and Benin by the African Union, with support from our global partners.

    “My delegation believes that this initiative offers valuable lessons for the global community. In this regard, I cannot overemphasise the need for increased financial and material support for the multi-national force as well as the internally-displaced persons and refugees.”

    Adoke said the Federal Government was worried about the increasing use of child-soldiers and under-aged female suicide bombers.

    He added: “Mr. President,    another disturbing trend in the activities of the Boko Haram terrorist group is the increasing use of child-soldiers and under-aged female suicide bombers in the perpetration of crimes against the civilian population.

    “Boko Haram has killed Christians and Muslims; bombed churches and mosques and have detonated improvised explosive devices (IEDs) on soft targets in civilian populated areas.

    The Minister said an advisory had been issued to Boko Haram to stop unlawful use of children for insurgency.

    “On 21 January 2015, I issued an Advisory to the Boko Haram terrorist group and all those involved in the conflict on the legal consequences of the unlawful use of children in armed conflict and Government’s determination to hold accountable, all those found culpable for this crime and other crimes such as abduction, rape, maiming, forced displacements and sexual slavery.

    “This is consistent with our treaty obligations under the Convention on the Rights of the Child and its optional Protocols,” he said.

    The AGF restated the nation’s commitment to human rights-based governance.

    He said: “At domestic level, the Federal Government continues to pursue human rights based model of governance that emphasizes respect for the Rule of Law and the dignity of all residents of Nigeria.

    “Consistent with this approach, we are vigorously pursuing strengthening of the capacity of relevant Human Rights Institutions in the country. In addition, we are promoting increased collaboration with Civil Society Organizations in various facets of the polity.”

    Adoke also took time to explain that the general election was postponed till March 28 to provide adequate security and in order not to disenfranchise 24million Nigerians.

    He added: “Let me assure this Council that as Nigeria prepares for the General Elections scheduled to commence on 28th March 2015, we are convinced that entrenching democratic governance in Nigeria remains the best guarantee for peace and stability in our region and beyond.

    “The Electoral Body rescheduled the election dates to enable adequate security to be provided and ensure that about 24 million potential voters who had not received their permanent voters’ cards were not disenfranchised.”

     

  • No room for ING in Constitution, says AGF

    No room for ING in Constitution, says AGF

    The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) has said the 1999 Constitution has no provision for Interim National Government (ING).

    He asked those behind the contraption to forget the idea because it would not work.

    Adoke, who made the clarification in a statement in Abuja, said the ING was alien to the constitution.

    The minister said: “My attention has been drawn to calls in the media by some Nigerians for an Interim National Government to ostensibly midwife the 2015 general elections to usher in a new democratic government.

    “While I recognise and appreciate the inalienable right of Nigerians to freely express themselves and proffer solutions to perceived national challenges, I am deeply concerned that some undiscerning Nigerians are being unwittingly led to believe that a certain prescription, which is alien to the Constitution, can be adopted as a viable solution to our national challenges.

    “It has become necessary to correct this misconception and refocus the citizenry on the path of constitutionalism and democratic tenets consistent with our quest for democratic consolidation in Nigeria.

    “For avoidance of doubt, it is pertinent to state that the framers of the 1999 Constitution did not envisage an Interim National Government to superintend over the affairs of government. It is not surprising to observe that no provision for Interim National Government was made in the Constitution.

    “The contraption called Interim National Government is alien to Nigeria’s constitutional framework and the arrangement should not be promoted by well–meaning Nigerians under any guise or circumstance.

    “Nigerians are enjoined to continue to rely on the Constitution, which contains adequate provisions on how the democratic process can be activated to elect their leaders from time to time.”

  • Oyo NUJ honours AGF

    The Nigeria Union of Journalist (NUJ),Oyo State council  has honoured the Accountant General of the Federation (AGF), Mr Niyi Otunla, as the Public Officer of the Year.

    The Chairman of the Council, Mr. Gbenga Opadotun while presenting the award to Mr Otunla over the weekend at the press centre, Iyaganku, Ibadan explained that he was honoured due to his unprecedented achievement over the years in the civil service.

    “The constitution of our state council empowers us to recognise five distinguish Nigerians, but last year we were only able to honour two. Today, we are honouring a distinguish son of this country who is unique and outstanding in his career.

    “He is from a humble background and he has risen to the peak of his career. He is an epitome of industry, signifies hard work, and resilience. He is a man of integrity and simplicity. He didn’t limit himself in his career but worked hard to reach the peak. “he said

    He also commended the AGF for his exceptional selfless service and support to the people of Oyo State and the NUJ.

    “You are really an achiever and a visionary and we wish to state unequivocally that you are a pride to our generation, the people of Arawo and Oyo State. We will like to assure you of our support in your current and future assignments” Opadotun stated

    He challenged all journalists in the state to be thorough and work harder to reach the peak in their career.

    Responding, Otunla, who was represented by a former Permanent Secretary in the state, Mr Wole Oladokun, expressed appreciation to the Oyo State council of the NUJ for the award and assured that he would continue to partner with the media in all his endeavour.

    Otunla said:” The reward for hard work is more work. I want to thank this union for the award. I am not the only Nigerian serving this country, but it’s a great honour for recognising me and I promise to do more for the service of humanity. I am impressed with this honour and I will try my best to contribute to its development and progress.

    He commended the leadership of the union for raising the standard of the union, urging them to be cautious in the forth coming election and should be professional in news reportage.

     

  • Counter-terrorism: Nigeria ratifies 18 UN treaties, says AGF

    Counter-terrorism: Nigeria ratifies 18 UN treaties, says AGF

    Nigeria has ratified 18 treaties aimed at  counter-terrorism, Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke has said.

    He said although confronting threat of terrorism is difficult in developing countries, Nigeria will continue to do its best.

    Adoke spoke at the weekend in a paper at the  UN/CTITF Capacity Building Workshop, Organised by the Office of the National Security Adviser in Collaboration with UN Counter Terrorism Implementation Task Force Office in Abuja.

    He said: “As a responsible member of the international community, Nigeria is actively involved with concerted global efforts to address the threat of terrorism. “Consequently, Nigeria has ratified a good number of the 18 United Nations sectoral treaties on counter-terrorism and has either enacted or in the process of enacting appropriate implementing legislations to criminalise these offences in Nigeria.

    “Our resolve to mainstream the rule of law in our counter terrorism regime is borne out of the realization that any legislation that does not provide adequate safeguards for its implementation is bound to evoke resentment from the people and will be susceptible to abuse by its operators.

    “ It must however be appreciated that confronting the threat of terrorism is difficult particularly for developing countries characterized by inadequate laws that criminalise terrorist acts and weak institutions to detect, prevent and punish these crimes. “

    He said the nation will pursue its counter-terrorism efforts within the rule of law.

    He added:”Nigeria’s counter terrorism strategies are to confront all those threatening the nation’s collective peace and security and bring the perpetrators to Justice.

    “The Office of the Attorney General of the Federation is particularly conscious of the need to fight terrorism within the confines of the law and due process especially in line with the constitutional guaranties and procedures relating to fair hearing provided by sections 33, 34, 35, and 36 of the Constitution of the Federal Republic of Nigeria, (CFRN) 1999.

    “Finally, legislation itself is not enough; we need to inculcate a sense of commitment to the ideas of the legal regime in our security and law enforcement personnel that enforce these measures. They must appreciate the relationship between human rights and national security and mainstream it in all their operations.”

    He said Nigeria had drawn inspiration and guidance from the UN Counter Terrorism Strategy and the work of the UNCTITF particularly its prescription to the effect that there must be a “justice system that guarantees due process rights regardless of the offence.”

    Adoke said: “To ensure that our counter-terrorism efforts are founded on the rule of law, the Terrorism Prevention Act of 2011 was enacted. This was further reviewed and the Terrorism Prohibition Act was passed in 2013 to further strengthen the regime.

    “ One important thread that runs through the legislation, which I consider relevant to your workshop, is the need to provide adequate safeguards for the protection of human rights in the global war against terror.

    “ It is my expectation the discussions on the use of force within human rights constraints and detention regimes will bring to the fore, the relevant provisions of our counter terrorism regime which are in substantial compliance with global standards.”

  • Speaker, Reps’ panel, AGF want Audit Bill to tackle corruption

    THE Speaker of the House of Representatives, Aminu Tambuwal, has underscored the need for a new Audit Act that would address the challenges of corruption.

    While declaring open a public hearing on a bill for an Act to repeal the Audit Act of 1956 and reenact the Audit Act of 2014 yesterday in Abuja, Tambuwal asked his colleagues and stakeholders whether the new bill is capable of addressing the pervasive corruption in the country.

    The public hearing was jointly organised by House Committees on Public Accounts and Justice.

    His words: “Is the purpose of the bill clearly defined? Is the provision of the bill consistent with the purpose? Is the purpose and the provision consistent with the 1999 Constitution?

    “Is the bill in line with international best practices? It is only when these questions were adequately addressed can we say it is valid, legitimate and will stand the test of time”.

    Earlier in his opening remarks, Chairman, Committee on Public Accounts, Solomon Adeola, said the extant law was obsolete and grossly inadequate in addressing emerging challenges arising from digitalisation of auditing and accounting systems.

    Besides, he noted that the need for a more comprehensive law has become imperative due to the high level of corruption in the country.

    The Auditor-General of the Federation (AGF) Samuel Ukuru, however, assured the lawmakers and the international community that the passage of the proposed Audit bill 2014 would boost the fight against corruption.

    According to him, the bill seeks to strengthen the power of the office of the Auditor General of the Federation and establish the Audit Service Commission among other innovations

    He said: “When passed into law, it will place Nigeria among comity of nations that are genuinely fighting corruption. With the coming into force of this Act, the image of the country will be enhanced.

    “It will further ensure accountability and transparency in the conduct of government business.

    “This is because Nigeria has over the years failed to align with international best practice as the office of the Auditor General for the Federation, which suppose to be a foremost anti-corruption institution in the country, does not have an Audit Act.”

  • 2015: Court to accelerate hearing of suit on Jonathan’s eligibility

    2015: Court to accelerate hearing of suit on Jonathan’s eligibility

    Justice Ahmed Mohammed of the Federal High Court, Abuja has agreed to an accelerated hearing of a suit seeking to bar President Goodluck Jonathan from participating in next year’s presidential election.

    Ruling yesterday on the ex parte application argued by the plaintiffs’ lawyer, Abiodun Owonikoko (SAN), the judge held that the case will be heard weekly.

    Owonikoko had urged the court to fix the hearing for “the earliest possible date” –  in line with the Supreme Court’s practice direction, which directs a quick determination of election-related cases.

    Although Justice Mohammed adjourned the matter till November 12, said the order of accelerated hearing will take effect after the mandatory 30 days within which the respondents are to respond to the suit.

    In the alternative, said the order of accelerated hearing could take effect earlier if the respondents were able to respond earlier.

    The respondents are the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF), Mohammed Adoke (SAN). They were not represented at yesterday’s proceedings.

    The suit was filed by Adejumo Mansouru Ajagbe (who claimed to be a member of the PDP in Lagos State with membership card No: 9424103 and voter card: 90f5b23963295789969) and Olatoye Wahab (who claimed to be a member of the APC in Osun State with membership card no: 13951303, voter card: 18767722.)

    The plaintiffs primarily seek to restrain INEC and the AGF from allowing Jonathan participate in the 2015 election on the grounds that by the Constitution, the President, having contested the presidential election twice, won and taken the oath of office and allegiance twice in respect of the same office, he could no longer present himself for election to that office the third time.

    They relied on the provisions of sections 132(1), 135(2)(a) and (b), 137(1)(b), 142(1) and (2) and the Supreme Court’s decision in the case of Marwa and Nyako (2012) 6 NWLR (Part 1296) 199 at 306.

    The plaintiffs argued that by the provision of the Constitution, the President and Vice President, who were elected in the same election and sworn into office on the same date and at the same ceremony are, in law, taken to have been elected for one single term of four years notwithstanding the death or even impeachment of the President.

    “That being so, the reference to ‘two previous elections’ in Section 137(1)(b) of the Constitution includes two previous oath of allegiance and oath of office as President. It is, therefore, safe to conclude that a Vice President, who had taken the oath of allegiance and oath of office for two previous terms as President is, in law, deemed to have been elected into the office of President at two previous elections, thereby standing disqualified to contest another election into that office.”

    •A declaration that by the provisions of Section 135(1)(2) and (2a) of the  Constitution, any person holding the office of the President cannot continue to act in that capacity for a period exceeding eight years from the date he/she first took or is deemed to have first taken the oath of allegiance and oath of office, with the exception of the provision of Section 135(3) of the Constitution.

    •A declaration that a general election cannot be due to be held when the incumbent President will only have spent a cumulative period of six years in office so that his re-election will be for no more than two additional years having regard to the time expressly specified for holding of general election to the office of President under Section 132 (2) of the Constitution and the maximum term allowed any person under Section 135 of the Constitution.

    •A declaration that for the purpose of counting the maximum eight year term limit for a person elected into the office of the President under sections 1(2), 135,136 and 137(1)(b) of the Constitution, the election and period served by a deceased elected President (who did not exhaust his term on account of death) and the remainder served to complete the unexhausted term by the Vice President (successor) is attributable to the successor for determining the two previous election limit and the maximum term of eight years to which the successor is entitled as President under the Constitution.

    •A declaration that the 1st defendant (AGF) cannot lawfully advise the 2nd defendant (INEC) to accept as candidate for election to the office of the President, an aspirant who is caught by two previous elections limit and the eight-year term limit in the 2015 elections or any subsequent presidential election.

    •A declaration that in view of the provision of Section 137(1)(b) of the Constitution, no person can present himself for the purpose of being elected as President, having participated as candidate and emerged winner at two previous presidential elections on account of which the person would have spent a period of eight years in office by the time the winner of the 2015 presidential election will be sworn into office.

    •A declaration the by the provision of Section 135 of the Constitution, any person holding the office of the President and Commander-in-Chief of the Federal Republic of Nigeria cannot continue to act in that capacity for a period exceeding eight years from the date he/she first took or deemed to have first taken the oath of allegiance and oath of office.

  • JUSUN slams AGF’s selective obedience

    JUSUN slams AGF’s selective obedience

    •Seeks implementation of  ruling on judicial autonomy

    The Judiciary Staff Union of Nigeria (JUSUN) has criticised the Minister of Justice and Attorney-General of the Federation (AGF), Bello Adoke (SAN), for allegedly being unfair in his constitutional duties.

    JUSUN President Marwan Adamu said the union’s criticism followed the AGF’s prompt obedience of the October 8 ruling, which sacked Adamawa State Acting Governor Ahmadu Fintiri.

    Adamu noted that the AGF had been reluctant to comply with a judgment delivered on January 13, granting fiscal autonomy to the Judiciary.

    Both judgments were delivered by Justice Adeniyi Ademola of the Federal High Court in Abuja.

    The union leader urged Adoke to direct the accountant-general of the federation to comply with the January 13 judgment in the manner he directed the suspension of the Adamawa State governorship by-election and the swearing-in of James Ngilari.

    He said the Secretary to the Government of the Federation (SGF) Anyim Pius Anyim; Labour Minister Emeka Wogu; the Minister of State Finance, Bashir Yuguda (who is also the chairman of the Federation Account Allocation Commissioners (FAAC) and other stakeholders, had directed JUSUN members to shelve their planned resumption of the suspended strike on the Executive’s alleged unwillingness to comply with the January 13 judgment.

    Adamu said: “We appreciate the directive by the attorney-general of the federation and minister of Justice to the Chief Judge of Adamawa State, instructing him to comply with the judgment of the Federal High Court in Abuja.

    “We also want to say that since the Minister of Justice, as the chief law officer, has just woken up to his constitutional responsibility now on the Adamawa governorship crisis, he should also replicate same on the judgment of the same judge in JUSUN’s case against the governors on the financial autonomy of the Judiciary, by directing the accountant-general of the federation to comply with the court judgment.

    “We are hoping that he instruct him (the accountant-general) to that effect as soon as possible because since January 13 the accountant-general of the federation is yet to comply with that judgment, especially on the provision of Section 162(9) of the Constitution.”

    He said the union was committed to ensuring the independence and financial autonomy of the Judiciary.

    The union leader added that JUSUN would resume the suspended strike, if it noticed that the Executive was unwilling to keep to its words.

  • Reps pass bill to grant AGF more power

    A bill in the House of Representatives,  granting more power to the Office of the Auditor-General of the Federation (AGF), yesterday passed the second reading.

    The bill, which places the AGF’s office under the watch of the National Assembly, is also to establish an Audit Service Commission

    It is titled: “A bill for an act to repeal the Audit Act of 1956, enact the Audit Act of 2014 in order to grant more power to the Office of the Auditor-General of the Federation, establish the Audit Service Commission; and for other matters related thereto”.

    The bill was referred to the Committee on Public Accounts.

    It was sponsored by Uche Ekwunife, who chairs Committee on Environment and it provides the AGF with  two deputy auditor-generals in Section 1(3).

    Sections 2 and 3 spell out qualification/eligibility for appointment as AGF, which is expected to be competitive and transparent.

    Also, additional duties were spelt out for the AGF in sections 9 and 10, including auditing of donations, grants, loans and other forms of assistance accruable to the Federal Government or any of its agencies, whether from local or foreign bodies or institutions.

    The bill also empowers the AGF to follow up  the National Assembly arising from reports submitted to it under the Act.

    Speaking on the importance of the bill, Ekwunife said it seeks to give the Office of the Auditor-General more administrative independence.

    Said she: “While the constitutional review seeks to place the finances of the Office of the Auditor-General of the Federation under the first line charge, much still has to be done in terms of administrative structure to give it independence to align with international best practice.

    “While the auditor-general audits the MDAs, nobody or institution audits the AGF’s office, but with the this bill, the AGF will be audited by the National Assembly.”

    Ekwunife said while the office is being operated by Acts of 1956, other sister countries, such as  South Africa and Ghana have through Acts of parliaments detached the Office of the Auditor-General from the mainstream civil service of their countries in line with the requirements of the Federation of the International Organisation of Supreme Audit Institutions (INTOSAI) and the African Organisation of Supreme Audit Institutions of English Speaking Countries (AFROSAi-E) of which Nigeria is a member.

    “The nation’s AGF still goes cap in hand to the Federal Civil Service Commission (which is itself audited by the AGF) for recruitment, promotion and discipline of its workers.

    “This procedure of course impairs the administrative independence of the AGF office and as such, makes it prone to inefficiency and corruption,” she said.