The Nation Newspaper

Tag: AGF

  • $4m alleged forgery: AGF’s fails to stall Obasanjo’s in-law’s trial

    AN Ikeja Special Offences Court has declined a request by the Attorney General of the Federation (AGF) Abubakar Malami (SAN) for a short adjournment in an alleged $4 million forgery charge against former President Olusegun Obasanjo’s in-law, John Abebe.

    During resumed proceedings, an officer from the office of the AGF,  Pius Akutah, told the court that the short adjournment was to enable Malami review a petition written by Mr. John Abebe, the brother of late Stella Obasanjo, on the matter.

    Abebe is standing trial on a four-count charge of forgery, fabricating evidence, using fabricated evidence and attempt to pervert the course of justice preferred against him by the Economic and Financial Crimes Commission (EFCC) before Justice Mojisola Dada.

    Prosecuting counsel Rotimi Oyedepo had alleged that Abebe forged the documents to perpetrate an alleged$4 million fraud.

    Akutah informed the court on Monday that the AGF received a petition from the defendant.

    Akutah said the AGF is of the view that the matter be adjourned briefly to look at the petition.

    Responding, Oyedepo opposed the request. He stated that the EFCC is yet to receive a copy of the petition and that no directive to that effect has come from the EFCC Chairman.

    Oyedepo told the court that the petition had not gone through the appropriate channel to convey the letter from the AGF. He said the charge in question was instituted under the Laws of Lagos State and it’s only the Lagos State Attorney General that could do so.

    Justice Dada refused the prayers of the AGF and told the prosecution to go ahead with its case.

    The prosecution had two witnesses in court – Mr. Kanu Idagu and Mr. Jonathan Ogedengbe.

    They both narrated their involvement in the case.

    After proceedings, counsels to both the EFCC and the defendant refused to comment on the AGF’s request.

    Further hearing in the case has been adjourned till December 3.

     

  • How N28.2b Ecological Fund was looted, by AGF

    Ecological fund is meant to fight disasters, but looters have dipped their hands into it, report Yusuf Alli and Moses Emorinken, Abuja

    SOME of the abuses of the multi-billion naira Ecological Fund have been laid bare by the Auditor-General of the Federation (AGF).

    About N28.286billion was deducted from the fund in 2016 for activities not related to development of natural resources, Mr. Anthony Ayime has said.

    About N74,888,718,334.59 was credited to the fund in 2016.

    The first tranche was N26, 286, 790, 023.51 being 2 per cent deduction from the Federation Account for ecological matters. The second remittance of N48,601,928,311.08 was received into the Ecological Fund as the required 3.0% deduction from the Federation Account for the Development of Natural Resources.

    But the AGF said the N28.286 billion was paid out as a loan to execute unrelated activities.

    About $26,262,667.15 royalties, payable by oil firms, have not been remitted.

    Also, the AGF indicted the nation’s embassies in Germany, Ireland, The Netherlands and in Britain.

    The embassy in Germany cannot account for N298.8million.

    These discoveries were contained in the AGF’s 2016 Audit Report, which has been presented to the National Assembly for consideration.

    The report said: “The Ecological Fund was set up for the amelioration of general ecological problems in any part of Nigeria. Examination of records presented for audit revealed that the sum of N26,286,790,023.51 was credited to the Ecological Fund as the required 2 per cent deduction from the Federation Account in the year 2016.

    “Examination of FAAC records revealed that a total amount of N48,601,928,311.08 was received into the Ecological Fund in the year, as the required 3.0% deduction from the Federation Account for the Development of Natural Resources.

    It was observed that N28,239,060,570.89, representing about 58%, was paid out of the Fund as loan for various activities that are not related to development of natural resources.

    “We recommend that henceforth, the Federal Government deploys these special funds only for the stated objectives of the Funds.

    ”We note that the various withdrawals from Funds by the Federal Government are stated to be borrowings.

    “We further observed that the arrangements for the repayment of these funds or borrowings are unclear. For example, the 2017 budget did not include any appropriations for the repayment of these borrowings.

    “We, therefore, further recommend that arrangements are clarified immediately, for the repayment of any funds not disbursed for the prescribed purposes of these Funds.”

    In its review of the activities of the Department of Petroleum Resources(DPR), the AGF accused oil firms of not paying about $26,262,667.15 royalties.

    “A detailed explanation was requested for the outstanding Receivables due to DPR as at December, 2016 and ultimately to the Federation Account.

    “The Director DPR has also been requested to expedite efforts towards the recovery of all outstanding Royalties, and to forward the updated status to this Office for verification,” the report said.

    The AGF also indicted the nation’s embassies in Germany, Ireland, The Netherlands and in the United Kingdom.

    The report added: “During the audit examination of accounts and records of Nigeria Embassy, Berlin, Germany, the following observations were made:- (a) Vote books maintained for Personnel Cost at the Embassy, revealed that the total amount received and verified on the US Dollar Account in 2015 was N463,435,150.69, which translates to $2,637,097.66 (two million, six hundred and thirty-seven thousand, ninety-seven dollars, sixty-six cents). The accumulated expenditure recorded under Personnel Cost, as at the last posting date of December 18, 2015, amounted to N164,541,521.04  thereby leaving a balance of N298,893,629.65  which was not accounted for. There was no disclosure in the Vote book, of how this fund was expended.

    “The Permanent Secretary was requested to account for the balance of N298,893,629.65 or refund the amount to Treasury and forward treasury receipt for verification.

    “Audit examination of the US Dollar Account Bank Statement for 2016 Personnel Cost to the Nigeria Embassy, Berlin, Germany revealed funds totaling $1,710,324.35 equivalent to N335,357,629.10, appearing on the specified dates.

    “However, from the funds released, it was observed that:

    • The total expenditure recorded was N242,264,170.58,  hence the Personnel cost was supposed to have had a credit balance of N93,093,458.50  as against an over-expenditure of N69,349,489.08 recorded in the vote book as at the time of audit in November 2016.
    • It was equally observed that out of the 7 (seven) funds transferred, only 3 (three) totaling N170,401,598.03  were posted into the Vote book.
    • The purported over expenditure of N69,349,489.08 would therefore not be accepted as an accurate balance of the Personnel cost.

    “The Permanent Secretary should justify the over-expenditure of N69,349,489.08  or refund the amount to chest and furnish evidence for verification.

    “During the audit examination of the Bank Reconciliation Statement presented by the Nigeria Embassy, Berlin, Germany, the following observations were made:

    (i)  Debits in Bank not in Cash book totaling €25,618.82, which should have been expeditiously cleared through reconciliation, were carried forward over several months in the Bank Reconciliation Statement.

    “This action has led to a situation where the management understates the amount in the

    Banks as indicated below:

    S/N Details Amount (€)

    1 January 2015 54,968.92

    2 February 2015 146,477.96

    3 March 2015 186,919.93

    4 April 2015 221,098.32

    5 May 2015 226,591.89

    6 June 2015 135,026.23

    7 July 2015 230,862.93

    8 August 2015 229,905.59

    9 September 2015 360,096.30

    10 October 2015 389,418.08

    11 November 2015 396,380.05

    12 December 2015 435,012.18

    13 January 2016 420,724.51

    14 February 2016 441,839.70

    15 March 2016 452,205.76

    Grand Total €4,327,528.35

    “As shown above, the management understated the bank balances between January 2015 and March 2016 to the tune of €4,327,528.35. This shows a clear indication of mismanagement of government funds. The cheque numbers indicate that the cheques were purportedly written by the Finance Attaché without appropriate authorisation and without raising payment vouchers for the expenditure. The same sets of cheques continued to feature after it had been deducted from the Cashbook balance in the previous months.

    “This was contrary to the provisions of Financial Regulation 807, which states that “Sub- Accounting Officers will ensure that all outstanding items in the Bank Reconciliation Statement are cleared expeditiously.

    “The Mission failed to prove that the payment did not emanate from it, otherwise bank would have been held responsible and value would have been gotten. Therefore, this was perceived to be fraud and needed to be thoroughly investigated.

    “Some lodgments of funds made to the account were usually not reflected in the cashbook, hence making it difficult to ascertain the total amount received by the Embassy as recorded in the cashbook by the Finance Attaché.

    “The Bank Reconciliation statements were not signed by the Sub-Accounting officer responsible for the preparation of the Bank Reconciliation Statement.

    “The Permanent Secretary was requested to ask the Ambassador, the Head of Chancery and the Finance Attaché to refund a total sum of €4,327,528.35 to chest, with the receipts forwarded to my Office for verification. No response was received.

    “Also, a high powered investigative team should be constituted to conduct an in-depth investigation to ascertain the reasons for the continued understatement of the amount that is standing as balancing figure in the Bank Reconciliation Statement for the period under review. They should be mandated to investigate the way and manner funds are deducted from the accounts of the Embassy without due approval and due process.

    “The Finance Attaché should be properly trained on the preparation of Bank Reconciliation Statement as provided in Public Sector Accounting and Financial Regulations 806 and 807. The Permanent Secretary should confirm action on the above issues.

    “During audit inspection of properties owned and maintained by the Nigeria Embassy Berlin, it was observed that the Federal Government owned a property in Bonn with the following information: Vulkanstr 69, 53179 Bonn Located in District of Mehlem, Plot 154, Compound and Building with 5446 Square Meters.

    “Audit enquiry revealed that the property has not been in use, yet the Embassy continues to incur huge maintenance costs on it.

    “The Permanent Secretary was requested to consider seeking approval from Government to sell off the property located at Bonn and utilise the funds to purchase another property in Frankfurt, or convert the property to an investment under a Public, Private Partnership arrangement (PPP) to generate revenue. The Permanent Secretary should provide an update on measures taken to effectively utilise the property.

    “The issues raised were communicated to the Permanent Secretary through my Audit inspection Report Ref. No. SMEA/OAuGF/AIR/BERLIN/2016/Vol.1/1 dated 25th January 2017. No response was received from the Ministry.”

     Regarding the nation’s embassy in The Netherlands, the AGF said about N40,579million was missing in transit from the Ministry of Foreign Affairs to the mission in The Hague. 

    It said: “During the audit inspection of the books of accounts and records maintained by the Nigeria Embassy at The Hague, Netherlands, the following observations were made:-

    (a)           Funds for Overhead expenditure in 2015 totaling N40,579,035.00  could not be traced to the Mission’s Overhead account. The Ministry of Foreign Affairs confirmed the release of this amount to the Embassy as follows:

    (i)  N30,434,276.00 – April 2015 Over-head cost with AIE No 226 – 21/4/2015.

    (ii)     N10,144,759.00 – May 2015 Over-head cost with AIE No 341 – 01/07/2015.

    There is an urgent need to investigate properly, the whereabouts of the N40,579,035.00 claimed to have been remitted by the Ministry, but not received at the Embassy, at The Hague.

    The Permanent Secretary was requested to establish the true position of the N40,579,035.00  purportedly transferred, recover the funds to chest and forward evidence for verification. No response was received on this matter from the Ministry.

    (b) The Nigerian Foreign Service Regulation 29 stipulates: “Every Nigerian Diplomatic or Consular post shall be stocked with reference and operational hand books which are designed to serve as works of reference for effectiveness of the missions”. A test for compliance with this regulation revealed that the Nigeria Embassy at The Hague was not complying.

    “A bookshelf found in one of the offices was in a state of neglect and filled with old stocks. There was no evidence that it had been put to use in recent times. The following observations were also made:

    (i)  Books and magazines in the library were not properly stocked.

    (ii) The books were neither indexed nor catalogued;

    (iii)   There was no Register for the few available books. There was gross lack of control and this could give room to pilferages;

    (iv)    The accounting records revealed that N233,993.00 was received between 2015 and November, 2016 for the purchase of books and magazines. The amount was evidently not utilised for the intended purpose.

    “The Permanent Secretary was requested to ensure that:

    (i)    The Mission desists from diverting funds meant for books and magazines;

    (ii)   The Mission updates its stock of books and magazines.

    (iii) All the books are properly catalogued and indexed, in accordance with modern library standards.

    (iv)  A well trained staff is appointed to supervise the library.

    “The issues were communicated to the Permanent Secretary, Ministry of Foreign Affairs through my Audit Inspection report Ref. No. SMEA/OAuGF/AIR/HAGUE/2016/VOL.1 dated 31st January, 2017. The Permanent Secretary should confirm that recommendations (i)-(iv) above have been implemented.”

    The AGF also confirmed that as at 2016 when the audit was carried  out, the Embassy of Nigeria, Dublin, had no bank account in Ireland.

     ”At the Embassy of Nigeria, Dublin, Ireland, the following observations were made:- (a) The Mission did not maintain any bank account in Ireland during the period under review due to foreign exchange regulations and challenges associated with currency conversion from US Dollars to Euros. However, it operated 7 (seven) bank accounts with a commercial bank in London (UK). Documents relating to 5 (five) of the accounts were presented and examined while documents relating to the other 2 (two) accounts were not presented for audit inspection.

    “The Minister/Counselor (Consular), who controls the 2 (two) accounts, insisted that the accounts were not subject to audit, contrary to the provisions of Section 85(2) of the Constitution of the Federal Republic of Nigeria, 1999 and Financial Regulation 110.

    “I have called for the Permanent Secretary’s reaction to the position of the Minister/Counselor. Accordingly, the Permanent Secretary should provide a status report on this matter.

    “The Vote Books were not well maintained during the 2015 and 2016 financial years. The last entries in the 2015 Vote books were dated 20th October, 2015 – 29th October, 2015. No further entries were made in the Vote books till the end of the year.

    “Similarly, the 2016 Vote books presented for audit were not maintained as stipulated in the Financial Regulations. Only entries in respect of Overhead costs AIE No. MFA/MS/OH/027/2016 and the expenditure arising therefrom, dated 22nd July 2016 were made, but not according to the columns of the Vote Book. Aside these entries, there was no other entry in the Vote book, either before or after 22nd July, 2016.

    “The Permanent Secretary was requested to explain this disregard for controls in government financial management, but no response was received at the time of concluding this Report. Accordingly, the Permanent Secretary should provide an update on this matter.

    “The sum of €113,307.29  (N24,632,019.57) collected by the Embassy between January 2013 – October, 2016 as revenue from Emergency Travel Certificates, Authentication of Documents, etc. was not remitted to J.P. Morgan and Citibank as at the time of audit in November, 2016.

    “The amounts were purportedly borrowed by the mission for payment of local staff and to meet other sundry expenditures. This is contrary to Financial Regulation 223 which emphasizes accountability in full of all revenues received. Hence, the Permanent Secretary was asked to remit these revenues to the appropriate government account and forward the remittance particulars for my verification. No response was received.

    “The monthly wage bill of the local staff of the Embassy which stands at €12,712.00 (Twelve thousand, seven hundred and twelve Euros (N2,763,478.26) fortnightly does not reflect the economic realities of the present times. Where certain services could be obtained as the need arises, the Embassy went ahead to engage them on permanent basis such as legal services where a lawyer was recently employed.

    “ Accounting officers are expected to abide by the provisions of Financial Regulation 415 which requires exercise of due economy in all government expenditures. The Permanent Secretary was advised to disengage these excess staff and revert to hiring their services only when the need arises.

    “As at the time of the audit visit in November, 2016, the Embassy owed its officers and other service providers the sum of €61,179.90 n(N13,299,978.26).

    “The Permanent Secretary was asked to verify these debts with a view to timely settling them, as this is portraying the Embassy in bad light, especially with its service providers.

    “The issues were communicated to the Permanent Secretary, Ministry of Foreign Affairs through my Audit Inspection Report dated 3rd April, 2017. No response was received from the Ministry. Consequently, the Permanent Secretary should provide an up-date of action taken on all the matters raised.

     Findings by the AGF indicated that the Nigerian Mission in the UK, one of the oldest, was not spared of the rot.

    Auditors discovered that the staff strength of the mission was over-bloated and £1,528,171.48 could not be accounted for.

    The report said during the audit inspection of the Nigerian High Commission, London, United Kingdom, it was discovered that the staff strength of the Mission was over-bloated, especially the local staff who numbered 106 as at the time of inspection in November, 2016. Arbitrary and discretionary engagement, deployment and placement of local staff were observed in most cases, among other anomalies.

  • Alleged fraud: Suspended NHIS boss sues minister, AGF

    THE embattled Executive Secretary, National Health Insurance Scheme (NHIS), Prof. Usman Yusuf, has sued two ministers and NHIS to a Federal High Court in Abuja.

    He is challenging his suspension from office.

    In the suit number, Yusuf instituted legal action against the Minister of Health, and Attorney General of the Federation and Minister of Justice as well as the NHIS.

    The six-page summons was filed by Chief Uchechukwu Obi (SAN) of Alliance Law Firm, Abuja, on behalf of the plaintiff.

    According to the document, the respondents are expected to cause appearance within 21 days after the service of the summons on them, inclusive of the day of service.

    The summons read in part thus: “The plaintiff prayed whether the Governing Council of the NHIS has the powers under the provision of the NHIS Act, particularly Sections 6 and 7 of the Act, to suspend or remove from office the plaintiff, who was appointed by the President.

    “Whether the Governing Council of NHIS has the powers under the provision of NHIS Act to discipline the plaintiff or to investigate allegations made against him as purported by their internal memorandum dated October 19, 2018.

    “Whether the Minister of Health under the NHIS Act Section 47 of the Act is equipped with the statutory powers to authorise the suspension from office of the ES of NHIS without the approval of the President.

    “Whether the decision of the Governing Council to suspend the ES of the NHIS taken by four out of 11 members of the council can be said to be a decision of the council in accordance with the NHIS Act.

    “Whether the Governing Council can appoint the General Manager, Legal Department, or any other employee of the scheme to oversee the affairs of the scheme in acting capacity without the approval of the President,’’ among others.

    Yusuf, therefore, prayed the court to determine all the aforementioned questions in his favour and consequently sought for the following reliefs:

    “A declaration that the Governing Council of NHIS lacks powers under the provisions of the NHIS Act to suspend or remove the plaintiff who was appointed by the President for a five year term.

    “A declaration that the members of the council lacks the powers under the provision of the NHIS Act to discipline, or set up the machinery to discipline the plaintiff or investigate allegations made against him as purported by the internal memorandum dated October 19.”

    “A declaration that the internal memorandum dated October 19, which was purportedly issued by the council and signed on their behalf by its Chairman in which it purported to have suspended the plaintiff as the ES of NHIS is ultra Vires, null and void and of no effect.

    “An order of court setting aside and cancelling the purported suspension of the plaintiff from office as the ES of NHIS.

    The case is yet to be assigned for date for mention to be fixed.

     

    “An order of court reinstating the plaintiff as the ES of the NHIS.

    “An order of perpetual injunction restraining the defendants, their members, servants, employees, agents, officers or any person from disturbing, obstructing the plaintiff from carrying on his official duties as the ES of the NHIS,’’ among others.

    A copy of the summons was stamped and received by the NHIS head office in Abuja on October 30.

    Yusuf was first suspended by the Minister of Health, Prof. Isaac Adewole, on July 6, 2017, over alleged maladministration, but was recalled by the Presidency on February 6, 2018.

    Again, the Governing Council of NHIS led by Mrs. Ifenne Enyanatu, later slammed an indefinite suspension on Yusuf on Oct. 18 over similar allegations of fraud.

     

  • $8.1b fine: Court directs service of MTN’s suit on AGF

    •Hearing for December 4

    THE Federal High Court in Lagos yesterday directed MTN Nigeria Communications Limited to serve its suit against the Federal Government on the Attorney-General of the Federation (AGF) Abubakar Malami (SAN).

    Justice Saliu Saidu adjourned until December 4 for hearing.

    MTN is challenging the $8,134,312,397.63 demanded from it by the Central Bank of Nigeria (CBN) over alleged forex remittance infractions.

    The telecoms firm is praying the court to restrain the CBN and the AGF from imposing punitive sanctions against it.

    The CBN accused MTN Nigeria of improper dividend repatriations and demanded that $8.1 billion be returned “to the coffers of the CBN”.

    The Federal Government also accused MTN of unpaid taxes on foreign payments and imports.

    It asked MTN to pay approximately $2billion in relation to the taxes.

    According to the CBN, MTN and four banks – Standard Chartered Bank, Citi Bank, Stanbic IBTC Bank and Diamond Bank – deliberately flouted the “laws and regulations…including the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, 1995 and the Foreign Exchange Manual, 2006.”

    The banks allegedly colluded with MTN, using irregular Certificates of Capital Importation (CCI), to illegally remit foreign exchange abroad.

    The four banks were slammed a combined N5.87 billion fine.

    MTN had denied the allegations and claims and subsequently filed the suit.

    At the court proceedings yesterday, the plaintiff was represented by Chief Wole Olanipekun (SAN).

    He led 14 other lawyers, including Prof. Fabian Ajogwu (SAN), Mr. Damian Dodo (SAN), Mr. Adeniyi Adegbonmire (SAN), and Mr. Bode Olanipekun (SAN).

    Messrs Seyi Sowemimo (SAN) and Ademola Akerele (SAN) represented the CBN.

    Justice Saliu Saidu directed that hearing notice should be served on the AGF, who was absent and was not represented.

    In the suit, MTN is seeking a declaration that it is “not liable to refund $8,134,312,397.63 to the coffers of the first defendant (CBN) premised on the decisions reached in the first defendant’s letter of 28/8/2018.”

    It is praying the court to declare that “the first defendant’s decision in its letter of August 28, 2018 with Ref No GBD/GOV/COM/DGF/118/121 addressed to the plaintiff and titled: ‘Investigation into the remittance of foreign exchange on the basis of the illegal capital importation certificates issued to MTN Nigeria Communications Limited’ was reached in breach of the plaintiff’s right to fair hearing.”

    The plaintiff is urging Justice Saidu to hold that CBN “lacks the power to determine the civil obligations or penal liabilities of the plaintiff.”

    It is also praying the court to declare that CBN acted ultra vires (outside) its statutory powers when it wrote the August 18 letter to it demanding a refund of $8.1 billion.

    MTN asked the court to hold that the $8.1billion demand was “illegal, oppressive, abusive, unauthorised and unconstitutional.”

    It also wants the court to void the September 3, 2018 letter written to it by the AGF, demanding $8.1billion as penalties for the offence of “infraction of forex remittances”.

    MTN is seeking a court order “restraining the first and second defendants from giving effect to the decisions, demands and directives in their letters of August 28, 2018 and September 3, 2018 respectively”.

    But, the CBN, in its statement of defence and counter-claim, is urging the court to dismiss MTN’s suit for lacking in merit.

    It insisted that the plaintiff must refund the $8.1billion to the Federal Government.

    Justice Saidu adjourned until December 4 for hearing of all pending applications.

  • Public finance reforms lifting govt savings, says AGF

    The Accountant-General of the Federation (AGF), Ahmed Idris, yesterday said the public finance reforms had helped the Federal Government in building savings needed to for infrastructure and social security.

    Idris, a Fellow of the Association of National Accountants of Nigeria (ANAN) spoke  in Abuja at the 23rd Annual Conference of Certified National Accountants.

    According to him, the public finance reforms initiatives like the Treasury Single account has impacted positively on

    government desire for enhanced revenue generation, transparency and accountability in the management of public resources.

    He said that the conference theme: “Economic Recovery and Growth: Issues and Options” was apt considering the collective desire to consolidate the gains in the successful implementation of the Economic Recovery and Growth Plan (ERGP).

    “I am confident that presentations and deliberations during this

    conference would unearth additional insights and ideas that can impact on national economic development. Nigeria receded into economic difficulties long before the formal declaration of recession in 2016. We must not forget what led us into those difficulties and how the ERGP as a strategic macro-economic tool was used by the government to recover the economy successfully,” he said. Continuing, he said failure by the previous governments to save falling oil prices and past corrupt practices were the major factors responsible for the 2.06 per cent contraction of the economy, marking the beginning of the worst recession Nigeria had ever experienced.

    “However, the conception and diligent implementation of the ERGP by the present administration stabilised the macro-economic environment. Similarly, there was a boost in primary agricultural production and food security. Nigeria also recorded energy efficiency, improvement in power and petroleum exploration and export in recent times.“These achievements, according to the World Bank, earned Nigeria recognition among the top 10 most improved economies in the world, even as the International Monetary Fund cited the business climate reforms as a significant contributor to lifting the economy out of recession in 2017,’’ he said.

    He said: “In direct contrast to the activities that led us into recession, the policies of the present administration are responsible for our foreign reserves hitting the 47 billion dollars mark as at the end of second quarter of 2018, representing 124 per cent increase from $21 billion at the onset of the recession.’’

    Idris explained that the achievements recorded by government through the TSA and other public finance reforms initiatives would not have happened without deployment of ICT tools and principles of good corporate governance in all operations and processes.

    He urged every member of ANAN and all Accountants in other professional bodies in the public sector to rise and attain self-elevation concerning the acquisition of knowledge in Information and Communication Technology (ICT).

    The President of ANAN, Shehu Ladan, said that the 2018 conference with the theme “ Economic recovery and growth : issues and options ‘’, was chosen against the backdrop of Nigeria’s exit from recession and the need to sustain the gains from the economic recovery in line with various policies of the government to attain the desired growth’’.

  • Dokpesi suit against minister, AGF adjourned till Oct 23

    A HIGH Court of the Federal Capital Territory (FCT), sitting at Apo, Abuja, yesterday adjourned the suit filed by a People’s Democratic Party (PDP) chieftain, High Chief Raymond Dokpesi, against Minister of Information Lai Mohammed and Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) till October 23.

    The plaintiff had told the court that the Information Minister had on March 30, 2018, during a press conference, portrayed him as “a corrupt and crooked person, a dishonest man and a thief”.

    Dokpesi, who is also the owner of DAAR Communications Plc on April 30 approached the court seeking N5 billion from the defendants as damages for the defamation of his character by the inclusion of his name on the treasury looters’ list.

    In the suit, filed through his lawyer, Chief Mike Ozekhome (SAN), Dokpesi insisted that his reputation was seriously injured.

    He added that he has suffered considerable distress, odium, obloquy and ridicule, as well as political analyses in the media castigating him on the basis of the inclusion of his name as number four on the looters’ list.

    He, therefore, demanded N5 billion as damages for libel and also urged the court to order the defendants to publish a full retraction and apology to him in all the major electronic and print media outlets in the country.

    Dokpesi urged the court to grant “a perpetual injunction restraining the defendants, whether by themselves, their servants, agents, partners, representatives, privies and/or otherwise howsoever, from further writing, publishing, speaking or cause to be written, published or spoken, the said words complained of or any word to the like effect, which are similarly defamatory to the plaintiff”.

    At resumed hearing yesterday, the plaintiff counsel, Ennaemeka Adasu, holding brief for Ozekhome, informed Justice O. A. Adeniyi that the matter was slated for hearing and the plaintiff had five witnesses in court.

    He, however, told the court that counsel for the defendants only served on the plaintiff in court yesterday a notice of preliminary objection on the jurisdiction of the court to entertain the suit.

    This, Adasu declared, was done in bad faith, adding that in the circumstance of the development, he would ask for a date to enable the plaintiff to respond to the objection.

    But the defendant counsel, Mrs. Ekwere-Bello Ikeme, said the notice of preliminary objection was not filed in bad faith.

    According to her, the court had to determine the issue of jurisdiction first before proceeding with the case.

    She added that the defendants were willing to go on and as such made efforts to get their witnesses and bring same to court.

    Before the matter was adjourned, Justice Adeniyi held that it was in bad faith for the defendants to have waited till yesterday to file the preliminary objection.

    According to him, the matter was filled on April 30 and the defendants made appearance in the case in May only for them to now raise a preliminary objection.

    The judge, therefore, adjourned the case till October 23 for hearing of the preliminary objection.

  • $10.1b cash demand: MTN takes CBN, AGF to court

    Mobile giant MTN Nigeria has taken its battle of integrity to the court.

    It has urged the Federal High Court to restrain the Central Bank of Nigeria (CBN) and the Attorney-General of the Federation (AGF) from enforcing their orders that the telco should refund $8.1 billion and $2 billon to the Federal Government.

    The CBN accused the company of illegally repatriating $8.8 billion through improper Certificates of Capital Importation (CCI). The AGF is  seeking the payment of $2 billion in unpaid taxes over a 10-year period.

    Four local lenders, found wanting in the deal were fined. The fines have since been deducted by the CBN from their accounts.

    The firm has repeatedly rejected both allegations.

    Group Chief Executive Officer (CEO) Rob Shutter is sure  of an amicable settlement of the issues.

    Responding to a question on the crisis on the sideline of the ongoing International Telecoms Union (ITU) Conference at the International Convention Centre (ICC) in Durban, South Africa, Shutter said: “In all its 22 countries of operation, Nigeria is the telco’s largest market.

    The challenges of the past two weeks, he said, will be addressed.”

    The court processes notwithstanding, the telco will  continue to engage with the authorities on these matters.

    In a statement, MTN Corporate Relations Executive Tobe Okigbo said the telco “continues to categorically and unequivocally deny all charges related to the CBN and AGF investigations into the company’s CCIs and unpaid taxes respectively”.

    He said as previously disclosed, the CBN has alleged improper dividend repatriations by MTN Nigeria and requested that $8.1 billion be returned “to the coffers of the CBN, whilst the AGF has alleged unpaid taxes on foreign payments and imports and that approximately $2.0 billion in relation to these taxes be paid to the Federal Government of Nigeria (and now directed that the payment of the $8.1 billion is dealt with through his office rather than as directed by the CBN). MTN Nigeria has denied these allegations and claims.

    “Furthermore, four commercial banks were issued fines in respect of the administration of the CCI and irregular dividend repatriation and requested to return, in aggregate, the same $8.1 billion.

    “The allegations being made involve issues that appear to be complex and so are easily misunderstood and misinterpreted. They are made even more confusing when the relevant authorities send conflicting messages and instructions and act in a way that appears un-coordinated and at cross purposes.

    “The simple reality is that MTN Nigeria has never repatriated dividends on the CCIs referenced by the CBN and that MTN is fully compliant with Nigerian tax law.

    “With situations like this, it is vital for both the government, regulators and the company to have absolute clarity on the nature of both the allegations being made and the processes that are being followed.

    “In the absence of this clarity, our only option is to seek judicial intervention and to ask the courts to act as adjudicator. This has been done today.”

    Okigbo restated MTN’s commitment to Nigeria, pointing out that the company has not committed any offences and will continue to defend its position vigorously.

    “The company will continue engaging with the relevant authorities, and further information will be provided as and when available”, Okigbo assured.

     

  • AGF seeks support for govt’s anti-corruption efforts

    Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Malami has sought support for the Federal Government’s anti-corruption efforts.

    He solicited the commitment of agencies to the implementation of the National Anti-Corruption Strategy (NACS), validated on April 27, 2017.

    Malami spoke yesterday in Abuja while inaugurating the Monitoring and Implementation Committee on the National Anti-Corruption Strategy.

    He said the committee, provided for under the fourth pillar of the NACS, was to ensure periodic assessment of NACS by the implementing agencies.

    The AGF told the members that their “mandate is to ensure that the National Anti-Corruption Strategy is implemented. I solicit the cooperation of members.”

    He said the committee, whose secretariat would be situated at the Technical Unit on Governance and Anti-Corruption Reforms (TUGAR), was expected to suggest ways the NACS 2017-2021 would be better implemented.

    The committee members are drawn from TUGAR, Fiscal Responsibility Commission (FRC), Bureau of Public Procurement (BPP), Office of the Civil Service of the Federation, Code of Conduct Bureau (CCB), Bureau of Public Service Reform (BPSR) and Public Complaint Commission (PCC).

    Others are Federal Ministry of Information, Ministry of Communication Technology, Office of the Secretary to the Government of the Federation, Office of the Auditor-General of the Federation and civil society organisations.

    The National Programme Manager, Rule of Law and Anti-Corruption Programme of the European Union, Danladi Plang, said the committee would execute its task.

    He advised members to be inquisitive and query information presented by any agency they assessed.

    “You should know that people may not be comfortable with the activities of this committee, because you are like auditors, who will scrutinise people’s books,” Plang said.

  • AGF seek supports for govt’s anti-corruption efforts

    *Inaugurates committee to monitor implementation of anti-graft strategy

     

    The Attorney General of the Federation ( AGF ) and Minister of Justice, Abubakar Malami has called for more support for the Federal Government’s anti-corruption efforts.

    He sought the commitment of relevant agencies to the implementation of the National Anti-Corruption Strategy (NACS), which was validated on April 27, 2017.

    Malami spoke in Abuja on Monday while inaugurating the Monitoring and Implementation Committee on the National Anti-Corruption Strategy.

    He said the Monitoring and Implementation Committee,which is provided for under the fourth pillar of the NACS, is to ensure periodic assessment of the NACS by the implementing agencies.

    The AGF reminded the committee’s members that their “mandate is to ensure that the National Anti-Corruption Strategy is fully implemented. “I wish to solicit the cooperation of all member of the committee.”

    Malami added the committee, whose secretariat will be situated at the Technical Unit on Governance and Anti-Corruption Reforms (TUGAR), is also expected to suggest ways the NACS 2017 – 2021 would be better implemented.

    Members of the committee are drawn from TUGAR, Fiscal Responsibility Commission (FRC), Bureau of Public Procurement (BPP), Office of the Civil Service of the Federation, Code of Conduct Bureau (CCB), Bureau of Public Service Reform (BPSR) and Public Complaint Commission (PCC).

    Others are Federal Ministry of Information, Ministry of Communication Technology, Office of the Secretary to the Government of the Federation, Office of the Auditor General of the Federation and some civil society organisations.

    Responding on behalf of the committee’s members, the National Programme Manager, Rule of Law and Anti-Corruption Programme of the European Union, Danladi Plang assured that the committee will do its best in executing its task.

    Plang advised members to be inquisitive and to always query information presented by any agency they assess.

    “You should know that people may not be comfortable with the activities of this committee, because you are like auditors, who will be scrutinising peoples’ books,” Plang said.

  • Offa robbery probe: Saraki not exonerated, say AGF, IG

    Senate President Bukola Saraki has not been cleared of his alleged complicity in the Offa robbery, it was learnt yesterday.

    The Minister of Justice and Attorney-General of the Federation (AGF), the Nigeria Police Force (NPF) and the Inspector-General of Police (IGP) said there was nowhere Saraki was cleared in the opinion of the Director of Public Prosecution (DPP) rendered on the interim report of investigation submitted for the DPP’s advice by the police, as being claimed.

    They stated that instead, the DPP, having analysed the interim report of investigation by the police, suggested areas of further investigation as regard claims by some of those being held over the crime, particularly as it relates to the source of the weapons used and where the operation was plotted.

    The AGF, the IGP and the NPF noted that pursuant to the advice by the DPP, further investigation has been conducted, following which a more detailed investigation report has since been submitted to the DPP for his further opinion.

    They said it was premature for anyone to claim that Saraki had been exonerated as “investigation is still ongoing on the case”. They denied the claim that the decision to question Saraki over the case was political and intended to blackmail him and dent his reputation.

    They said the information linking Saraki to the case was provided by some individuals arrested in relation to the case, who claim to be political thugs to the Senate President.

    The AGF, the NPF and the IGP spoke in their separate counter affidavits filed in response to a fundamental rights enforcement suit filed by some 10 individuals, who claimed to be acting for the Senate President. The suit is pending before Justice M. A. Nasir of the High Court of the Federal Capital Territory (FCT), Jabi, Abuja.

    The applicants – Anthony Onukaogu, Lawrence Umudu, Bamidele Ojo, Ikenga Imo Ugochinyere, Ogechi Duruaku, Veronica Onoja, Chidiebere Achebe, Chika Onyiorah, Chigozie Eburuo and Patrick Uzim – claimed in the suit, that the decision by the police to question Saraki in relation to the robbery was instigated by his political enemies; intended to blackmail him and dent the Senate President’s reputation.

    Besides filing separate counter-affidavits, the respondents – AGF, NPF and the IGP – also filed motions and notices of objection, challenging the applicants’ locus standi, the court’s jurisdiction and the propriety of court’s interim order of injunction, made on August 8 by Justice Nasir, restraining the respondents from further inviting Saraki in relation to investigation on the robbery case.

    On Thursday, Tijani Ganzali (for the AGF), O. M. Atoyebi (for the NPF) and S. Jibrin (for the IGP) informed the court about the various processes they filed on behalf of their clients, which they were yet to serve on the applicants.

    The applicants’ lawyer, E. C. Nweke, prayed the court for a short adjournment to enable him respond to the respondents’ processes, which he said were to be served on him in court on Thursday. Justice Nasir, upon agreement by parties, adjourned the matter till September 3 for hearing.

    The AGF said in his counter affidavit that contrary to the applicants’ claim in paragraph 23 of their affidavit, the police interim investigation report on the Offa, Kwara State robbery and other alleged crimes, “as it affects Senator Bukola Saraki, revealed that further thorough investigation be made so as to ascertain whether the planning and the execution of the robbery attack of 5th April 2018 at Offa, Kwara State was carried out at his instance, knowledge or approval.

    “Or whether the weapons used for the robbery attack were supplied by him (Saraki); and other possible areas which will aid the establishment of prima facie case against whoever is involved. The interim investigation report is not a conclusive investigation and does not put an end to the investigation of Senator Bukola Saraki, hence the investigation to ascertain direct or any possible link of Senator Bukola Saraki and the robbery incident is still on going.

    “That the Interim Investigation Report does not in any way exonerate Senator Bukola Saraki from any further investigation. As a matter of fact, Senator Bukola Saraki has no immunity whatsoever from investigation, arrest, detention or prosecution where reasonable suspicion is established.

    “Contrary to paragraphs 8, 14, 17 and 21 of the applicants’ affidavit, neither the position of Senator Bukola Saraki as the Nigerian Senate President nor his political portfolio is a barrier to any investigation by the 2nd and 3rd respondents (NPF and IGP) if he is suspected of having committed any crime.

    “There was never a time Senator Bukola Saraki, in the cause of his investigation in relation to the Offa, Kwara State robbery incident, that he was detained in breach of the provisions of the law. All invitations made by the 2nd and 3rd respondents to Senator Bukola Saraki, in respect of the Offa robbery are in an effort to ascertain the veracity of the allegation made against him in accordance with the spirit of right to fair hearing.

    “The 2nd and 3rd respondents have the statutory duty to investigate Senator Bukola Saraki or any other person linked to the alleged commission of any offence. The investigation and/or invitation of the Senator Bukola Saraki is not in any way malicious or aimed at tarnishing his image,” the AGF said.

    The IGP, in his counter affidavit, gave an insight into what informed police’s decision to question Saraki over the robbery incident and why it was wrong for the Senate President to rush to conclusion based on the interim report submitted to the DPP by the police.

    The IGP stated that following the April 5, 2018 case of multiple bank robberies involving six banks, attack on police station and murder of thirty-one (31) individuals, including nine (9) police officers in Offa, the police arrested some suspects, including Ayoade Akinnibosun, lbikunle Ogunleye, Adeola Ibrahim, Salawudeen Azeez and Niyi Ogundiran, and recorded their statements in which they allegedly admitted involvement in the crime.

    The IGP added: “One of the suspects, Ayoade Akinnibosun, confessed to being a political thug to the Senate President, Senator Bukola Saraki and the Governor of Kwara State, Alhaji Abdulfatai Ahmed. The said Ayoade Akinibosun equally stated that some of the arms and ammunition used in the armed robbery operation were procured by the Senate President, Senator Bukola Saraki and the Governor of Kwara State, Alhaji Abdulfatai Ahmed.

    “Based on the statement of Ayoade Akinnibosun, the Senate President was invited to make statement to respond to the allegations and he eventually made a statement to the Police. After initial investigation, the police forwarded the case file to the Attorney-General of the Federation and the DPP rendered a legal advice in which it was concluded that some of the suspects have cases of armed robbery and unlawful possession of Firearms to answer.

    “As regards the Senate President, the DPP’s legal advice states in paragraph f as follows ‘for the Senate President—this office is unable to establish from the evidence in the interim report a nexus between the alleged offence and the suspects, Hence, it is our advice that further and thorough investigation in this regard be carried out.’

    “The DPP’s advice, in same paragraph f, states that the areas to be covered include, but not limited to the following: (i) establish whether the planning and the execution of the robbery attack of 5th of April 2018 at Offa were carried out at their instance, knowledge and approval, (ii) whether the weapons used for the robbery attack aforementioned were supplied by either the Senate President, Bukola Saraki or the Governor of Kwara State, Abdulfatai Ahmed Maigida (iii) any other area or areas that may assist in establishing a prima facie case of aiding and abetting crime or accessory after the fact.

    “Based on the advice of the DPP and after more investigations, the Senate President was invited again to make statement and he made another statement and the case file was duplicated and forwarded back to the Attorney-General of the Federation for advice. As soon as the advice of the DPP is out, anybody indicted will be charged to court as required by law,” the IGP said.