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Tag: AGF

  • CJN, AGF, Alegeh seek enhanced reform in Judiciary

    •17 conferred with SAN 

    The Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, the Attorney-General of the Federation (AGF), Mohammed Adoke (SAN) and the President of the Nigeria Bar Association (NBA), Augustine Alegeh (SAN), advocated yesterday the sustenance of the reform in the Judiciary to rid it of corruption, unethical practices and ensure its effectiveness.

    The CJN, who regretted the growing delay in the court process, said a lot still required to be achieved to sustain the pattern of reforms she introduced upon assuming office.

    The AGF, who suggested a change of attitude among lawyers and judges, called for a review on the pattern of assessing the performance of judges.

    Alegeh, who hailed ongoing efforts to rid the Bench of corruption and inefficiency, sought the inclusion of his association in the National Judicial Council’s process of disciplining judges.

    Mukhtar, Adoke and Alegeh spoke in Abuja at an event marking the new legal year of the Supreme Court. The occasion  witnessed the conferment of the rank of Senior Advocate of Nigeria (SAN) on 17 lawyers. It was announced by the Legal Practitioners Privileges Committee (LPPC) early this year.

    Sixteen of them were at the Supreme Court where the event was held, with the exception of the former AGF, Olu Onagoruwa, who the CJN said would be conferred with the rank today. There was no explanation for his absence.

    “Since assuming office as the CJN, I have set for myself the key objective of leading the efforts of reforming the Judiciary. This has become even more important given the peculiar challenges confronting the legal system.

    “As we inch closer to the completion of the second decade of our democracy, we cannot afford the degeneration of the  Judiciary. Therefore, attention, in the form of an institutionalised pragmatic response, must be carried out in the  key sectors of the Judiciary,” Mukhtar said.

    The CJN, who is billed to retire soon, regretted the growing delay in the court process, which she blamed for the congestion in prisons and waning public interest in the court system.

    She said the task of ensuring a more functional Judiciary required the joint efforts of all arms of government, with the Judiciary playing the leading role.

    Mukhtar also suggested the “appointment of more judges and magistrates on merit; improved legal criteria and practice, alternative to pre-trial detention as well as introduction of pre-trial victim/offender mediation and most importantly ensure a speedy dispensation of criminal matters.”

    Adoke, who regretted dwindling value of mutual respect between members of the Bench and Bar (judges and lawyers), urged the NBA to be firm on disciplining erring lawyers as a way of restoring respect to the Bench.

    He noted that the “unwholesome practice” of unwarranted public criticism of judges and the increasing number of frivolous petitions instigated by lawyers, who lost cases before judges, have “contributed to the intimidation of judges and stultification of our jurisprudence.”

    Adoke warned of the consequences of a cowed Judiciary, noting that “a timid and fearful judiciary comprised of judges constantly looking over their shoulders as a result of palpable fear of unjustified petitions, cannot dispense justice in the manner desired by the entire citizenry.”

    He praised the CJN and the LPPC for including Onagoruwa among those conferred with SAN, noting that the action was a courageous step “taken to redress the wrong done to Chief Onagoruwa.”

    Adoke advocated that in evaluating judges, emphasis should be on the quality of work and judgments they delivered as against the current practice, which emphasised quantity of judgments.

    Alegeh said the reform in the Judiciary should include the appointment of research assistants for judges, transparency on judicial appointments, modernisation of courts, elimination of delay in hearing appeals, among others.

    He called for an urgent end to the crisis in the Rivers State Judiciary created by the disagreement between the state governor and the National Judicial Council (NJC) over the choice of a Chief Judge.

    The NBA president urged the Bar and Bench to brace for the challenges that come with post election litigation, as the country prepares for the next general elections.

    Mukhtar, Adoke and Alege reminded the new SANs that the Judiciary and the society expected them to see the honour bestowed on them as a ticket to impunity but a call to service.

    Olusola Idowu, who spoke for the new SANs, assured that they would not betray the trust reposed in them with the decision by the LPPC to honour them with the rank.

    At the event were businessman, Aliko Dangote, former AGF, Michael Anodoakaa (SAN), former Ekiti State Governor, Adeniyi Adebayo, among others.

  • $930m loot: Settlement with the Abachas in national interest, says AGF

    •Insists: ‘Settlement transparently conducted’

    The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) says Federal Government’s settlement with the family of the late Head of State, Gen. Sani Abacha on the $930million loot traced to his accounts was in national interest.

    The negotiation with the Abachas on the matter was also transparently conducted, he maintains.

    Government has come under fire for withdrawing criminal charges against the eldest son of the late Gen Abacha, Mohammed, saying the move smacked of politics all in an attempt to get the backing of the Abachas ahead of next year’s elections.

    But throwing light on the issue, Adoke  said the recovery of the  loot  “is a fitting testimony to the strenuous efforts being made to ensure the sufficient disgorgement of the proceeds of crime to serve as deterrence.”

    He broke his silence on the deal in a document presented at the just-concluded 2014 NBA International Conference in Owerri.

    The document was released to the press yesterday by the Office of the AGF.

    The  recovered loot  includes: US ($550m); Luxembourg ($380m); Voluntary surrender ($750m); Switzerland ($570m); Jersey ($380m); UK ($150m); Liechtenstein ($400m) and Island of Jersey £22.5m (N6.18billion)

    The minister said: “I am aware of the negative commentaries that the settlement generated from those who were ill-informed about the details of the settlement and the underlying imperatives in the national interest.

    “I however wish to reassure the Bar that every aspect of the settlement was transparently conducted and the outcome was in the national interest.

    “The settlement has received commendation across the globe and is being used as model for Case Studies on stolen assets recovery.”

    He advised lawyers “with the penchant for making unguarded and baseless statements in the media to always seek information from appropriate quarters before commenting on issues.”

    On the Boko Haram insurgency, the AGF said the $1billion request pending before the National Assembly was meant to equip the Armed Forces for  “the war against terrorism and insurgency in compliance with the resolutions of the National Assembly while approving a further extension of the Proclamation of the State of Emergency in three North-Eastern states of the country.”

    He added: “There is the need for Nigerians to appreciate that terrorism is a global phenomenon requiring the concerted efforts of all nations of the world. Government has accordingly sought the assistance of other countries, as well as our development partners, to effectively confront this challenge.

    “Equally important is the need to forge a united front to combat the common enemy. Nigerians must remain united in the face of the threat of terrorism.

    “Terrorists would rather have us divided along sectional, religious and political lines as the division would not only help their cause, but also, further diminish our efforts to collectively and effectively wage war against them.”

    The Minister asked Nigerians to take advantage of the Freedom of Information Act to clarify issues from the government.

    He said: “The Office of the Attorney-General of the Federation and indeed all-public offices are open to the public for purposes of obtaining information on government business.

    “The Freedom of Information Act, 2011 remains a potent tool in the hands of those seeking information from public institutions and members of the Bar should take advantage of it.

    “We must discourage the pervading culture of baseless criticism for self-glorification and cheap popularity. We have also made a lot of progress in the implementation of Freedom of Information Act, 2011(FOIA). The initial misgivings that pervaded the public service and the difficulty in coming to terms with the new ethos of open

     

     

  • AGF inaugurates committee on disposal of forfeited assets

    AGF inaugurates committee on disposal of forfeited assets

    The Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN), has begun moves to dispose of forfeited vehicles and other items the Nigeria Security and Civil Defence Corps (NSCDC) recovered from suspected criminals.

    The minister, last week in Abuja, inaugurated a committee on the matter. It is headed by NSCDC Commandant-General Ade Abolurin.

    The committee is expected to identify, verify and ascertain the conditions of the items and ensure that they are sold transparently and in accordance with laws.

    Adoke directed that the proceeds from the sale of the vehicles be deposited in the Consolidated Revenue Account of the Federation after 30 days without ownership claim by any person on any of the forfeited items.

    The minister noted that since the items were forfeited to the Federal Government on court orders, their disposal should begin in earnest to avoid further depreciation in their value.

    He said all the items forfeited to the Federal Government through a judicial process are regarded as public property since the proceeds from their disposal are to be paid into the Consolidated Revenue Account of the Federation.

  • Reps’ delayed response stalls hearing in govt’s suit against defectors

    Reps’ delayed response stalls hearing in govt’s suit against defectors

    House of Representatives’ delay in filing its defence on Federal Government’s suit against the House prevented the Federal High Court yesterday from taking further steps on the case.

    The Federal Government, in the case filed on its behalf by the Attorney-General of the Federation (AGF), is praying the Federal High Court in Abuja to restrain the House of Representatives from allowing 41 of its members, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) to further participate in the activities of the House.

    He also directed the plaintiff to, within five days, after being served with the defence’s response, file his reply on point of law.

    Justice Mohammed adjourned the matter till July 8.

  • Suspension: Jonathan, AGF, Sanusi object to NIC’s hearing of ex-CBN gov’s suit

    Suspension: Jonathan, AGF, Sanusi object to NIC’s hearing of ex-CBN gov’s suit

    President Goodluck Jonathan, the Attorney General of the Federation (AGF) and suspended Governor of the Central Bank of Nigeria (CBN), Lamido Sanusi, have asked the National Industrial Court (NIC) not to hear Sanusi’s suit transferred to it by Justice Gabriel Kolawole of the Federal High Court, Abuja.

    Their position is contained in separate applications for stay of proceedings they filed before the NIC. They urged the court not to commence hearing in the suit, but to stay proceedings and allow the Court of Appeal, Abuja decide the appeals they filed.

    The President, AGF and Sanusi are appealing the May 20 judgment by Justice Kolawole, in which he declined jurisdiction over the suit by Sanusi. Sanusi is, by the suit, challenging his suspension by President Jonathan as Governor of the CBN.

    While Sanusi is insisting that it was the Federal High Court alone that could hear his case, the President and AGF are of the view that Justice Kolawole, having declined jurisdiction to hear the case, was without jurisdiction to transfer it to another court. They said the judge should have either struck it out or dismiss the suit.

    Yesterday, their lawyers, Mike Ozekhome SAN) (for the AGF), Mathew Echo (for the President) and Chima Okereke (for Sanusi) were unanimous in urging Justice Babatunde Adejumo not to proceed with the case.

    Ozekhome told the court that parties have appealed the decision by the Federal High Court to transfer the case, and that they have also filed applications for stay of proceedings pending appeal.

    “All the parties have filed notices of appeal and have also applied for stay of proceedings before this court. We are of the view that this court should stay proceedings. That this court should not proceed with the case until the Court of Appeal decides it,” Ozekhome said.

    Okereke also told the court that his client, having been dissatisfied with Justice Kolawole’s ruling, has appealed and “wants this court to stay proceedings.”

    He said it was his client’s contention that the Federal High Court possessed the jurisdiction to hear his case because it is not about employment or labour dispute.

    Echo confirmed that the President has equally appealed the ruling on the grounds that the judge of the Federal High Court erred when he transferred the case having held that he lacked the jurisdiction to hear the case.

    Justice Adejumo refused Ozekhome’s oral application for stay, and insisted that parties should argue their pending applications for stay to enable the court decide it one way or the other. The judge said the mere filing of appeal by parties was not sufficient for the court to stay proceedings.

    “Section 47 of the Act establishing this court says appeal shall not serve a stay of proceedings before this court. Since this matter has been transferred to this court by a court of coordinate jurisdiction, I cannot sit on appeal over its order.

    “It is until the Court of Appeal comes up with an order directing a stay before we can stay proceedings. Come and argue your applications for stay of proceedings now pending before this court. You will also address me on the provision of Section 47 of the NIC Act because this court cannot stay proceedings until the Court of Appeal orders a stay,” the judge said.

    He told parties about his desire to accord the case an expeditious hearing in view of the fact that time was of the essence in the case. He said that because Sanusi’ tenure will soon expire, it was necessary for the court to approach the case with dispatch.

    Upon the agreement by parties, Justice Adejumo adjourned to June 13 for the hearing of their application for stay of proceedings.

  • Jonathan, AGF, Sanusi fault verdict on suit

    Jonathan, AGF, Sanusi fault verdict on suit

    President Goodluck Jonathan; the Attorney General of the Federation (AGF) and the suspended Governor of the Central Bank of Nigeria (CBN), Sanusi Lamido Sanusi, have faulted the May 20 judgment of the Federal High Court, Abuja.

        The suspended CBN governor filed the suit against the Federal Government.

    They have taken steps to have the judgment set aside by filing separate notices of appeal before the Court of Appeal in Abuja.

    Sanusi, by the suit, challenged his suspension from office by the President and sought to restrain the AGF and the Inspector-General of Police (IGP) from arresting and prosecuting him.

    The trial judge, Justice Gabriel Kolawole, held that his court lacked the jurisdiction to hear the suit.

    Relying on the provisions of Order 56 Rule 3 of the Federal High Court (Civil Procedure) Rules 2009 and Section 24(3) of the National Industrial Court (NIC) Act, 2006, the judge transfered the case to the NIC for determination.

    The President, AGF and Sanusi are, by their separate notices of appeal, challenging Justice Kolawole’s decision to transfer the case to the NIC. They all want the Appellate Court to set aside the trial court’s judgment.

    President Jonathan and the AGF are of the view that since they had argued that the Federal High Court lacked the jurisdiction to hear the case, the proper order Justice Kolawole bought to make was to strike out the suit or dismiss it.

    They averred that the trial court, having agreed with them that it lacked the jurisdiction to hear the case on the ground that it was related to labour dispute, equally lacked the power to exercise the jurisdiction it lacked, in transferring the case.

    Sanusi, who raised about 20 grounds of appeal, argued that the court erred in declining jurisdiction and transferring his case to another court.

    He restated his argument that his case was not a master-servant dispute, to qualify it as a labour-related conflict.

    Sanusi, among others, faulted the reasoning of the trial judge and argued that instead of the decision of Justice Kolawole, he was not an employee of the Federal Government, and as such, his case could not be a labour-related dispute.

    Also, the NIC has fixed today for hearing in the suit upon its transfer from the Federal High Court.

    The court has issued hearing notices to the parties, who are expected to be in court today.

  • Fed Govt to file fresh evidence against Ndume

    Fed Govt to file fresh evidence against Ndume

    The Federal Government is to call additional witnesses and produce more evidence in support of its case against a senator from Borno State, Aliyu Ndume.

    Ndume is standing trial before a Federal High Court in Abuja on allegation that he has a link with the insurgent group, Boko Haram.

    The Federal Government’s plan to add fresh evidence and call more witnesses was contained in a motion filed by the office of the Attorney General of the Federation (AGF).

    Yesterday, a lawyer from the AGF’s office, E. Orji, urged the court to allow him file additional proof of evidence against Ndume.

    “The application is intended to give the accused a fair hearing and also the right to cross-examine the witness and contradict the evidence that shall be given.

    “We urge this court to grant this motion and dismiss the the accused’s counter affidavit because it is intended to clog the wheel of justice,” he said.

    Ndume opposed the government’s plan and urged the court to turn down the request to file additional proof of evidence and call additional witnesses against him.

    His lawyer, I. A. Kaigama, told the court that the motion will overreach the judgment of the Court of Appeal, which set aside the admission, by the trial court, of some evidence, including compact discs (CDs) and call log, earlier tendered by the prosecution.

    “The motion constitutes a gross abuse of the process of the court and should be refused. The application has no fact to convince the court to grant it.

    “Bringing additional evidence will amount to unfair trial for the accused,” Kaigama said.

    Justice Gabriel Kolawole fixed May 27 for ruling.

  • Missing N59.6 billion: Reps issue 24-hour ultimatum to CBN, NNPC, AGF

    Missing N59.6 billion: Reps issue 24-hour ultimatum to CBN, NNPC, AGF

    The House of Representatives Committee on Public accounts Tuesday issued a 24 hour ultimatum to the acting governor of Central Bank of Nigeria (CBN), Sarah Alade and the Executive Director of Finance, Nigeria National Petroleum Corporation (NNPC) and Accountant General to the Federation (AGF), Mr Jonah Otunla to explain their various roles in the alleged missing  N59.6 billion Service Wide Vote in 2006.

    Representatives of NNPC, CBN and AGF has during the investigative hearing held Tuesday denied knowledge about the disbursement of the fund.

    In his submission, the NNPC GM Accounts, Mr Sambo Aliyu presented a letter written by the Budget Office in response to NNPC’s enquiry on the whereabouts of the missing fund.

    He however noted that the budget office responded that the money was released to NNPC.

    But when asked whether the money was released to NNPC, Aliyu responded that “the cash was not released, we did not see any money.”

    While reacting to his submission, members of the Committee insisted that all the relevant agencies should be summoned once again.

    Also when the representative of CBN, Mr Dipo Fatokun was asked to explain what he knows about the missing fund, he simply replied saying “we will need to get the mandates from the AGF.”

    Unhappy with his response, some of the lawmakers declared that Fatokun should come along with his superiors Wednesday as his response so far has not been encouraging.

    Also when queried on the missing fund, Mrs. Tayo Toluwase a director, in the budget office simply said she does not have all the relevant details on the issue.

    While ruling, Chairman of PAC, Rep Olamilekan Adeola, ordered that the AGF should bring all the documents that involved the disbursement of the fund.

    According to him, such documents include all bank transactions between July and December 2006, a copy of the federation account, copies of statements of accounts through CBN for the period under review.

    He explained that “if there was any mandate on the said missing N59.6bn it will show at a glance.

    “We are tired of all the excuses of all the agencies involved claiming ignorant at one stage or the other.”

  • Court issues bench warrant on AGF, Defence Minister, others

    Court issues bench warrant on AGF, Defence Minister, others

    Justice Olubunmi Femi-Adeniyi, of the Lagos High Court, Ikeja, has issued a bench warrant against the Attorney- General of the Federation (AGF), Mohammed Bello Adoke (SAN); his Defence counterpart, Mr. Labaran Maku; the Chief of Defence Staff (CDS), Air Marshal Alex Badeh and the Nigerian Army.

    They are to appear in court on March 27, this year to defend a N18.7 billion  suit brought against them by market men and women over the sealed mammy market, Giwa Barracks, Falomo.

    In a ruling, Justice  Femi-Adeniyi ordered  the Inspector-General of Police, Mohammed Abubakar to produce the Federal Government officials in court.

    The judge gave the order following their refusal to appear in court to defend the suit.

    Justice Femi-Adeniyi last December granted an ex-parte motion, to be served on the defendants, following their refusal to comply with an earlier order instructing them to reopen the closed Mammy Market within Giwa Barracks, Falomo, Ikoyi, Lagos.

    The Defence authorities had in February 2007, sealed the 225 shops in the market at the expiration of one week notice given to the market men and women to vacate the place.

    But the market men and women resisted the  order, which they claimed did not mention anything about payment of compensation over billions of naira they had invested in the market as assets.

    The market association met with the then Commanding Officer, Group Captain Patrick Mbanugo and pleaded that the military should see reasons, but he told them that the closure was an order from above.

    Sequel to their failure to secure a reprieve, they approached the court on February 19, 2007, and  commenced a civil action before the Lagos State High Court  against the defendants.

    They claimed  among others, a perpetual injunction, declaratory reliefs and N18.7 billion  as damages against the defendants.

    The court granted them an interlocutory order  on April 25, 2008, directing the defendants to re-open the market for them to take inventory of all goods and properties of the claimants.

    The court also gave an order restraining the defendants, their agents, servants, developers and privies from demolishing, defacing, altering and, or removing in any manner, reconstructing and rebuilding of any or all of the claimants 225 shops at the market pending the hearing and determination of the suit.

    At the resumed hearing, counsel to the market association, Mr. Stanley Ochoga told the court that the settlement move by the defendants was long overdue and without a head way.

    Ochoga said the refusal of the defendants to obey the court order and appear in court showed lack of seriousness on their part.

    He, therefore, prayed the court to issue a bench warrant on the defendants to appear in court at the next adjourment.

    Responding, AGF’s counsel, Mr. B.R Ashiru prayed the court to give the defendants more time to perfect the settlement.

    He said defendants are still interested in the settlement agreement and would soon come up with the terms of settlement. Ashiru prayed the court not to issue the bench warant as requested by the defence counsel.

    But Justice Femi-Adeniyi in her short ruling noted that the settlement agreement was long overdue as the case started 10 years ago.

    She acknowledged that defendants might still be willing to settle but that they have not exhibited any  concrete move towards settlement.

    The judge, therefore, granted the request of the claimant and issued the bench warrant against the AGF, Minister of Defence, Chief of Defence Staff, Group Captain Patrick Mbanugo and the Nigerian Army (operating as ministry of defence & defence headquaters).

    She thereafter adjourned the matter March 27.