The Nation Newspaper

Tag: AGF

  • Court upholds fiscal autonomy for Judiciary

    •Stops withholding of Judiciary allocations

    The Federal High Court in Abuja yesterday stopped the Federal Government and the 36 states from withholding budgetary allocations of the Judiciary.

    Justice Ademola Adeniyi ordered that funds for the third arm of government be released to the heads of courts.

    He held as unconstitutional the withholding of Judiciary funds by the Executive, saying this constituted a threat to the independence of the Judiciary.

    Justice Adeniyi, who relied on sections 83(1), 212(3) and 162(9) of the Constitution, also held that the provisions should be complied with.

    “The Attorney-General of the Federation (AGF) and the states should act responsibly to avoid a constitutional crisis in this country by ensuring financial autonomy for the Judiciary,” he said.

    He held that the piecemeal allocation of funds to the Judiciary by the executive arms was also unconstitutional.

    The judgement followed a suit instituted by the Judiciary Staff Association of Nigeria (JUSUN).

    Justice Adeniyi said the workers had the right to ask the Federal Government and states to comply with the Constitution as they relate to funding of the Judiciary.

    The defendants included the National Judicial Council (NJC), the Federal Government and 36 states.

    JUSUN was dissatisfied with the way the Federation Account/Consolidated Revenue Fund were being handled, saying this affected their welfare.

    The judge upheld the plaintiff’s argument and declared that the defendants’ failure to pay the fund standing to the credit of the states’ Judiciary in the Federation/Consolidated Revenue Funds to the heads of courts was a violation of constitutional provisions and must stop.

    Justice Ademola ordered the defendants to comply with sections 81(3), 212(3) and 162(9).

    The judge made an order of perpetual injunction restraining the defendants from committing any further breach.

    He said the National Assembly and the Independent National Electoral Commission (INEC) enjoyed independence of funding, adding that same should apply to the Judiciary.

    Justice Ademola ordered that the judgment be served on the accountant-general of the federation and the accountants-general of the 36 states.

    He also ordered that the judgment be served on the Senate president, House of Representatives Sspeaker and speakers of the 36 states.

    The auditor-general of the federation and the auditors-general of the 36 states are also to be served.

    The judge refused the plaintiff’s prayer for a declaration that the defendants were in breach of the Fiscal Responsibility Act, 2007 and the states’ fiscal responsibility laws.

    He held that the states were not under any obligation to implement the Fiscal Responsibility Act because it was a law made by the Federal Government.

  • Court threatens to set Boko Haram suspects free

    Court threatens to set Boko Haram suspects free

    •Gives AGF seven-day ultimatum

    A Federal High Court in Abuja yesterday gave the Attorney-General of the Federation (AGF) seven days to file charges against six suspected Boko Haram members held by the Department of State Services (DSS).

    Justice Gabriel Kolawole said he would set the suspects free should the AGF fail to file formal charges against them within the period.

    The suspects, Dr Nazeef Yunus (a lecturer with the Kogi State University), Umar Musa (aka Abubakar), Mustapha Yusuf (aka Habib), Ismaila Abduazeez, Ibrahim Isa Hayafu and Salami Abdullahi were arrested by the DSS last October on suspicion that they were members of the Boko Haram sect.

    Yunus was accused of, among others, providing intellectual support to the sect.

    They have all been held in the DSS’ custody since their arrest.

    The DSS on November 25 got an ex-parte order from the Federal High Court, empowering it to further detain the suspects for 45 days.

    The 45 days ended yesterday, following which the DSS applied for a further extension of the order for the remand of the suspects.

    The suspects’ lawyers, Hassan Liman (SAN) and James Ocholi (SAN), objected to the DSS’ application on the grounds that the agency had not provided cogent reasons why it was yet to arraign the suspects in court.

    They argued that the DSS’ claim that investigation was still on was not enough reason to keep the suspects in custody perpetually.

    The lawyers urged the court to grant them bail, pending when the state was ready to formally charge the suspects to court.

    Justice Kolawole held that despite that the suspects were being held in relation to alleged terrorism offences, they were to be presumed innocent until proven otherwise.

    He ordered the AGF to file formal charges against the suspects within seven days.

    The judge ordered that they should be further detained in the custody of the DSS for seven days.

    Justice Kolawole held that should the AGF fail to file formal charges against the suspects before then, he will not hesitate to set them free.

    He adjourned till January 23.

  • ‘Why we launched Asiwaju Foundation’

    ‘Why we launched Asiwaju Foundation’

    The Asiwaju Grassroot Foundation (AGF) was established to complement the developmental efforts of the National Leader of the All Progressives Congress (APC), Asiwaju Bola Tinubu, AGF National Coordinator Akanbi Saheed Afonja has said.

    According to Afonja, the AGF is a body of true democrats; young patriots, progressives and professionals, who strongly believe in Tinubu’s philosophy.

    He said there are no special criteria for joining the group.

    Afonja said the group is involved in politics, national service and philanthropy.

    He said: “We are into charity and educational support programmes. We donate gifts to orphanages and the destitute. We donate educational materials to schools. We are involved in women support and empowerment programmes, especially for the aged, who have no one to care for them.”

  • Ondo lawmaker sues Jonathan, Adoke, Mark over NDDC board nominees

    The member representing Ilaje II Constituency in the Ondo State House of Assembly, Mr. Olugbenga Edema, yesterday sued President Goodluck Jonathan over his nominations for the board of the Niger Delta Development Commission (NDDC).

    Joined in the suit filed at the Federal High Court, Abuja, are Attorney-General of the Federation (AGF) Mohammed Adoke; Senate President David Mark and the Senate.

    The President recently forwarded the names of Senator Bassey Ewa-Henshaw and Mr. Bassey Dan-Abia to the Senate for screening and confirmation as NDDC Chairman and Managing Director.

    While Ewa-Henshaw was nominated to represent Cross River State, Dan-Abia was named to represent Akwa Ibom State.

    He is seeking a declaration that the oil producing areas of Ondo State are “entitled to one of the Executive Director positions” in the incoming board by “virtue of their position as the fifth largest oil producing area in the federation”.

    Edema is seeking an order restraining the Senate from screening or confirming the nominees pending the determination of the suit and an order restraining it from screening any other list of nominees that does not include an indigene of the Ondo oil producing areas.

    He urged the court to restrain the President from inaugurating the NDDC’s board without the inclusion of an indigene of the Ondo oil producing areas as the managing director or any of the executive directors.

    Edema argued that while Ondo is the fifth largest oil producing state, the positions had been rotating among Akwa Ibom, Delta, Rivers and Bayelsa states since the inception of the commission in 2001.

  • Adoke’s N10.2b suit against Melaye: AGF’s late response stalls hearing

    Proceedings were aborted on Thursday in the N10.2billion suit filed by the Attorney-General of the Federation (AGF) Mohammed Adoke (SAN) against former lawmaker, Dino Melaye, owing to Adoke’s late service of court papers on the defendants.

    The court was to open hearing in the case, but it stopped on learning that Adoke served his response the previous day.

    Defence’s lawyer, Anthony Itedjere, of Bamidele Aturu and Co, told the court that his clients were served the previous day, with copies of Adoke’s address filed on September 4.

    He pleaded for time to examine the documents, a request Justice Olasumbo Goodluck granted. She adjourned the case to December 5.

    Adoke was represented by a group of lawyers, including five Senior Advocates of Nigeria – Robert Clarke, Bolaji Ayorinde, Ahmed Raji, Babajide Koku and Donald Denigwe.

    Adoke had sued Melaye (former House of Representatives member) and a group, Anti-Corruption Network (ACN), accusing them of damaging his reputation in a petition to President Goodluck Jonathan.

    Melaye and his group had in the petition dated April 11, this year, listed incidents of alleged graft and “outrageous use of powers against public interest” against the AGF.

    In the suit, Adoke is, among others, claiming N10.2billion in damages and cost.

    In their defence, Melaye and ACN urged the court to dismiss the suit. They queried the competence and integrity of the AGF.

    They also raised allegations of corruption and abuse of office, particularly Adoke’s alleged role in the controversial Oil Prospecting License (OPL) 245 allocated to Malabu Oil and Gas Limited owned by former Petroleum Minister, Chief Dan Etete.

    They accused Adoke of paying lip service to the fight against corruption and plotting to hobble the anti-corruption agencies –  Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) by allegedly working to “castrate and frustrate them from investigating and prosecuting corruption and other economic and financial crimes in Nigeria”.

    Adoke described the allegations as “embarrassing, scandalous, vexatious, disclosing no defence to the action and an abuse of the process of the court”.

    The defendants consequently filed a counter-affidavit to Adoke’s response.

    They argued that the allegations “raise the defence of justification and the roll-up plea to the suit of the plaintiff. The paragraphs contain facts showing why the suit of the plaintiff should be dismissed or not succeed”.

    However, Adoke prayed the court to discountenance the defendants’ argument and strike out their case.

  • AGF orders MDAs to comply with NUBAN

    The Office of the Accountant General of the Federation (OAGF) has advised Federal Ministries, Departments and Agencies (MDAs) to comply with he Nigerian Uniform Bank Account Number (NUBAN) policy.

    In a statement, the OAGF reminded the MDAs that the deadline by the Central Bank of Nigeria (CBN) for compliance with NUBAN was July1, this year.

    Earlier, MDAs on the Integrated Personnel Payroll Information System (IPPIS), the AGF said, “were adequately notified and requested to obtain the NUBAN from their staff and forward same to IPPIS before the deadline”.

    Failure to comply with this directive, the AGF warned, “may result in the delay of the payment of salaries henceforth”.

    However, AGF added: “if any staff member experiences any delay in the payment of his/her salary, he/she should confirm that the banking details have been updated and forwarded to the IPPIS.

    The CBN released the guidelines on NUBAN scheme in August 2010 to achieve uniform numbering structure among banks in nine months.

    NUBAN, according to the CBN, “has great potentials to resolve the observed problems with electronic payments in Nigeria, as many of them are related to specification of wrong beneficiary account numbers.”

    The initial deadline was June 1, 2011, but this was extended by the CBN by a year. It was further extended to July 1, this year.

    NUBAN became operational on July 1, 2013 and staff of MDAs were supposed to have complied with it.

    The statement added: “This request may not have been fully complied with by some MDAs and this may consequently have led to unnecessary hiccups in the payment of salaries.”

  • Halliburton scandal: AGF files N10.2b suit against Melaye

    Halliburton scandal: AGF files N10.2b suit against Melaye

    The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) has filed a N10.2billion libel action against the Executive Secretary of Anti-Corruption Network, Dino Melaye and the Registered Trustees of the Non-Governmental Organization.

    Besides filling N10 billion as damages for libel, the minister, who is the first public officer in this administration to respond to allegations of corruption against him, has asked for N200 million as the cost of litigation.

    He has assembled an 11-man team for the legal battle, including Bolaji Ayorinde (SAN); Donald Denigwe (SAN); Babajide Koku (SAN); and Ahmed Raji (SAN).

    Adoke said Melaye has damaged his reputation in a publication of April 12, 2013 where he accused him of corrupt practices, obstruction of justice for corrupt elements and abuse of power as Minister of Justice.

    In the suit filed before the High Court of the Federal Capital Territory, the minister asked the court for “an order of perpetual injunction restraining Melaye and other defendants, their servants, agents or privies from further inferring in any manner whatsoever to the plaintiff’s reputation.

    Melaye had raised seven allegations bordering on abuse of office against Adoke. These include the N150 billion recovered from ex-Oceanic Bank MD, Mrs. Cecilia Ibru, the $180 million Halliburton scandal and the return of Vaswani brothers to Nigeria after the alleged N2.5 billion tax evasion.

     

  • Dismissal: Maina drags HOS, six others to court

    Dismissal: Maina drags HOS, six others to court

    The former Chairman of the Pension Reform Task Team, Abdulrasheed Maina, on Wednesday dragged the Head of Service of the Federation and six others before the National Industrial Court, for alleged unlawful dismissal.

    The others are the Federal Civil Service Commission, Ministry of Interior, the Attorney-General of the Federation, the Senate, the Clerk of the Senate and the Clerk of the National Assembly.

    Maina is praying the court to make a declaration that his purported dismissal as chairman of the task team was illegal, null and void.

    He is also praying the court to order the defendants to reinstate him into the service.

    The News Agency of Nigeria recalls that Maina was dismissed by the Head of Service for allegedly absconding from duty and attempting to evade arrest.

    When the case came up for mention on Wednesday, the claimant was not in court. He was represented by his counsel, Mr. Mahmud Magaji (SAN).

    NAN also reports that two of the seven defendants were represented in court when the case was mentioned.

    Mr. Polycap Hamman, a Principal State Counsel, who represented the office of the Head of Service, told the court that he had filed all his processes.

    However, Counsel to the Federal Civil Service Commission (second defendant), Mrs. Ebuk Ekpo, informed the court that she filed her processes “out of time.’’

    Ekpo asked the court to adjourn the matter to enable her regularise her position in the interest of justice.

    The President of the court, Justice Babatunde Adejumo, adjourned the case to May 28 for adoption of written addresses.

     

  • Oyerinde: AGF writes Reps

    Oyerinde: AGF writes Reps

    …Says ‘I was never confused’

    The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) on Thursday said his office was never confused on investigation into the murder of Oyerinde Olaitan, who was a former Principal Private Secretary to Edo State Governor, Adams Oshiomhole.

    He also said that it is the responsibility of the Nigeria Police to handle investigation into the murder and not the State Security Service (SSS).

    He said the Federal Ministry of Justice has no power to prosecute all suspects arrested in respect of the gruesome killing of Oyerinde.

    Adoke made the clarifications in a February 28, 2013 letter to the chairman of the House of Representatives Committee on Public Petitions.

    He said: “My attention has been drawn to the representations made by Mr. O.T. Olaitigbe, Deputy Director, Public Prosecutions of the Federation on behalf of my office and the Federal Ministry of Justice at the Public Hearing organized by your Committee on February 27, 2013 on the alleged complicity and improper investigation in the murder of Oyerinde Olaitan, an Aide to the Edo State Governor.

    “It has been widely reported in the electronic and print media that Mr. Olaitigbe while making his presentation to the Committee, stated among other things that the Ministry of Justice was confused as a result of the investigation reports it had received from the Nigeria Police Force and the State Security Service (SSS) which appeared to have indicted different sets of suspects for the alleged murder of Oyerinde and that the ministry could not proceed further with the prosecution of the suspects because of the need to harmonize the two reports .

    “I wish to completely dissociate myself from the comments purportedly made on my behalf by Mr. Olaitigbe as the comments were at best, a figment of his imagination and very far from the truth. Mr. Olaitigbe was under firm instructions to inform the Committee that:

    (a) The Federal Ministry of Justice had examined the powers of the State Security Service as provided by Section 3 of the National Security Act, Cap.N.74 LFN, 2004 and the powers of the Nigeria Police Force as provided by section 4 of the Police Act Cap. P.19 LFN, 2004 and had come to the reasoned conclusion that the power to investigate crimes of the nature under consideration (murder) resides with the Nigeria Police Force while the power to gather intelligence lies with the State Security Service, and

    (b) Murder, the offence allegedly committed by the suspects is exclusively within the jurisdiction of the police in all the States in the Federation. The Criminal Procedure Act, Cap., C. 38 LFN, 2004 is very clear on this matter. The Federal Ministry of Justice therefore has no power to prosecute murder cases as murder is a state offence committed against State law and that the matter was already been handled by appropriate authorities in Edo State.”

     

  • Senate seeks financial autonomy for AGF

    Senate seeks financial autonomy for AGF

    If a bill which seeks to alter relevant sections of the Constitution sails through the National Assembly and State Houses of Assembly, the Auditor General for the Federation and the Auditor General for State Governments may become financially autonomous.

    The bill specifically seeks to place the Office of the Auditor General for the Federation and Offices of the Auditor General for State Governments on the First Line Charge of the Consolidated Revenue Fund.

    Sponsored by Senator Ahmed Lawan (Yobe North), it also seeks to empower the Auditor General for the Federation and the Auditor General for State Governments to audit the accounts of statutory corporations, commissions, authorities and agencies in the country.

    Apart from financial autonomy, it wants timely release of funds and enhanced funding for the Office of the Auditor General at both the federal and state levels.

    Lawan in his lead debate noted that a significant impediment to the performance of the AGF is the system and level of funding over the years.

    He said, “In other climes, the office of the AGF is funded by direct appropriation by the parliament.

    “In those jurisdictions, the AGF submits his annual financial requirements to the parliament and the parliament approves what it deems necessary for his operation.”

    He noted that the task of providing adequate funding for the office of the AGF lies squarely with the parliament because “the Executive Arm of Government is an entity and therefore would logically prefer an underfunded, weak and inefficient office of the AGF.”

    He said the same thing applies to the states.