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Tag: AGF

  • Rights group protests non-proscription of IMN to AGF

    Rights group protests non-proscription of IMN to AGF

    *IMN planning attack on innocent Nigerians

    More trouble seems to be brewing in the air for detained leader of the Zaria Iran affiliated sect, Mr. Ibrahim El-Zakzaky as a large number of protesters today besieged the office of the Attorney General of the Federation to demand for the proscription of the Islamic Movement of Nigeria [IMN] and subsequent designation as a terrorist organization.

    ASJA, during a protest march to the Office of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, in Abuja warned that after the confrontation with the convoy of the Chief of Army Staff in December 2015, the IMN is already re-grouping to launch attacks on innocent Nigerians.

    Torkuma V Asogo, Executive Director of ASJA‎ who led the rally said, If our laws cannot fight terrorism, the guns may also not be enough to win the battle.

    According to the group, IMN have claimed severally that they do not respect Nigerian laws.

    “As recently as this week, Nigerians have become aware that IMN leader, Mr Ibraheem El-Zakzaky was caught with a large cache of arms ammunitions in the period leading up to his confrontation with the military and his subsequent arrest and detention.

    “On several occasions his members had contemplated storming the facility in which he is detained with the intention to attack the security operatives there and free him while hiding such heinous plots under the cover of protests.

    “IMN’s link to Iran, a major state sponsor of terrorism, is not in doubt. This to us calls for not just concern but underscores the need to be proactive especially in the light of a recent CIA report that clearly indicted Iran for sponsoring terrorism to destabilize other countries. “Other nations have taken steps to designate groups connected to Iran as terror organizations to ensure the safety of their citizens. Nigeria must be the only country that allows an Iranian sponsored terror group to go around attacking security agents and harassing citizens without consequences.

    This is simply unacceptable. Iran’s backing of IMN has emboldened it as a terror group. Its members have openly confronted the military, the police and even our defenseless population the last being the attack on the Police in Abuja. Before this, IMN has made life unbearable to the population of Nigerians living within its sphere of influence. It even went as far as declaring for itself a parallel government.

    “This rally to your office is for us to demand the proscription of IMN, which the Kaduna State Government outlawed and properly documented in its gazette a long time ago. Several other states have toed the same path but this kind of installment approach is not adequate to deal with the threat posed by IMN considering its international sponsorship as terror group.

    “We therefore decided it is time to make this demand because of the increasing threats of IMN militants. We consequently demand that the Office of the Attorney General of the Federation properly designate IMN as a terrorist organization since its menace is growing every day and without any check from the Federal Government its criminal acts of terror will spread to other parts of the country”.

    The Executive Director also said, “The laws are unequivocal in the procedures for declaring a group as a terror organization. This has been tested sufficiently tested with the designation of the Indigenous People of Biafra (IPOB) as a terrorist group in the South East, immediately curtailed the terrorist activities of the group.

  • Maina: Senate grills AGF in secret

    Maina: Senate grills AGF in secret

    Anxious reporters who attempted to cover the investigative hearing yesterday were asked to leave the venue because the probe was not open for coverage.

    The sensitivity of the issues surrounding Maina’s surreptitious return might have informed the decision of the committee to hold its meeting in secret.

    Committee Chairman Senator Emmanuel Paulker (Bayelsa Central), who asked reporters to leave after brief opening remarks, praised the AGF for appearing before the committee to make a presentation on his alleged involvement in the return and reinstatement of Maina.

    Paulker explained that the committee was mandated by the Senate to carry out the investigation following a motion by Senator Isah Hamma Misau (Bauchi Central) under a matter of urgent public importance.

    Apart from Senator Paulker, who is chairman, Senate Committee on Establishment, other members of the ad-hoc committee include Senator David Umaru, Chairman, Senate Committee on Judicairy, Legal Matters and Human Rights, Senator Andy Uba, Chairman Senate Committee on Interior, Senator Chukwuka Utazi, Chairman, Senate Committee on Anti-Corruption and Senator Babajide Omoworare, Chairman, Senate Committee on Legislative Compliance.

     

  • Why we proscribed IPOB, by AGF

    Why we proscribed IPOB, by AGF

    •Minister to court: reject request to vacate order
    •Court fixes ruling for January 17

    Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) has explained why the Federal Government proscribed the Indigenous People of Biafra (IPOB).

    Malami said had the Fed Govt not acted on time, there could have been a replication of the Rwandan genocide in Nigeria.

    He said some developments preceding the proscription order were worrisome, particularly the interception of 2,571 rifles illegally imported from Turkey, IPOB’s establishment of security outfits and the threat by its leader, Nnamdi Kanu, to cause mayhem.

    The AGF said these in a counter-affidavit he filed in response to an application by IPOB, challenging the proscription order.

    He said contrary to IPOB’s claim that it was a non-violent group, its activities has led to the death of many in the Southeast region and was threatening the nation’s continued existence.

    The AGF said: “In view of the worrisome smuggling of rifles from Turkey, the respondent/applicant’s (IPOB)’s secessionist agenda and links with Turkey, coupled with violent acts and speeches of Nnamdi Kanu and other IPOB actors, the Federal Government of Nigeria had to act proactively by prescribing the respondent/applicant so as to curtail its violent activities before it snowball into an unmanageable one.

    “Part of the factors that fuelled the crisis that culminated in the Rwandan genocide was the labelling of the Tutsis as cockroaches, who should be exterminated.

    “Leon Mugesera asked Hutus to cut the neck of Tutsis and fled to Canada after the genocide. In April 2016, he was sentenced to life imprisonment for public incitement to commit genocide, persecution as crime against humanity and inciting ethnic-affiliated hatred.

    “Nnamdi Kanu, the leader of IPOB is toeing the same path through Biafra Radio and by labelling Nigeria a zoo, which should be razed down, calling President Muhammadu Buhari unprintable names.

    “He (Kanu) also claimed that the Nigerian government hired a Sudanese man to come and impersonate President Buhari.

    “He was also quoted to have made the following incendiary statements: ‘No Igbo man should attend any church where the pastor is a Yoruba man, they are fools; any Igbo person, who attends any church pastored by a Yoruba man is an imbecile.

    ‘Pastor Kumuyi should be stoned and dealt with thoroughly if he comes to Aba for his planned crusade; Nigeria is a zoo and everybody living in that God forsaken zoo deserves to die; Nigeria should prepare for war, we are coming to annihilate you, my secret service are already studying the zoo and strategising.’

    The AGF, in the counter affidavit, faulted clam by IPOB that Kanu has been abducted by the Nigerian military.

    He said: “Nnamdi Kanu is not missing, rather he has deliberately gone into hiding ostensibly to avoid his adjourned trial and also to avoid the likely legal consequences of his activities and those of his group.”

    The AGF noted that Kanu’s brother, Emmanuel, had claimed that the IPOB leader was not at home when soldiers allegedly invaded his brother’s home. He added that Kanu also told a television station that during the alleged invasion on September 15 this year, his father was almost shot.

    Arguing the counter-affidavit yesterday, the Solicitor General of the Federation (SGF), Dayo Akpata, urged the court to refuse the application by IPOB.

    He among others said: “It is in the interest of justice, public peace, constitution order, territorial integrity of Nigeria and national security to refuse the respondent/applicant’s application.”

    In an earlier argument, lawyer to IPOB, Ifeanyi Ejiofor, urged the court to among other set aside the proscription order.

    He argued that not only was the court misled into making the order, the Federal Government acted fraudulently in procuring the order by hiding necessary facts from the court.

    Ejiofor claimed that IPOB was a non-violent group, whose members were only interested in securing freedom for the Igbo people.

    Justice Adamu Kafarati has adjourned to January 17 next year for ruling.

  • Designate IMN a terrorist group before it’s too late, Coalition cautions Federal Government, AGF.

    Designate IMN a terrorist group before it’s too late, Coalition cautions Federal Government, AGF.

    The Coalition Of Civil Society Organizations For Transparency and Good Governance (COCSOTGG), has called on the Presidency and the Attorney General of the Federation to act fast in designating the Islamic Movement of Nigeria, (IMN) a Terrorists group before it’s too late.

    The group said if care was not taken to curb the situation, IMN might snowball into another disaster in the country.

    COCSOTGG was reacting to the recent clash between police and some members of the Islamic movement who had gone to the unity fountain to protest the detention of their leader, El Zakzaky over acts of terrorism.

    The national president of COCSOTGG, Patriot Sabo Ode said Nigerians shall no longer accept the complacence of the AGF on the continuous existence of the Islamic Movement in Nigeria.

    According to him, it is a direct threat and danger to the peace-loving and law abiding citizens.

    He said, “We deserve to live and survive in our country, free of molestations or phobia of violence in whatever guise.”

    Ode said if the AGF fails to initiate the necessary action now, the IMN sect, which by the estimation of all right thinking members of the society, is worse than Boko Haram terrorists will re-enact the regime of bomb attacks in Abuja or elsewhere in Nigeria.

    His statement reads, “We are neither the least nor the most concerned about the security of our dear nation, Nigeria. But when we see national security drifting dangerously and fired with impunity by some violent sects, the dire consequences stare us in the face and, we are thus, prompted to voice out, as time has dictated at the moment.

    “We fanatically believe, it is our collective responsibility as people of a united federation called Nigeria to work towards those things that perch peace in our hearts and minds, neighborhood or anywhere in the country, than violence. So, our unadulterated convictions points to the natural understanding that violence solves no problem; but peace and dialogue are universal antidotes and, indisputably, the keys which prosper nations around the world. We reiterate that the extent or magnitude of bravado does not post any useful results to any of the parties in a rivalry.

    “Therefore, COCSOTGG was prompted into speaking to the Nigerian public again, because Nigerians appear to be very complacent with what we consider to be a thorough misbehavior, affront and assault on our dear nation, with the siege on Abuja in numbers, exceeding 10, 000 by Shiites members (IMN). Their leader, Shiek Ibrahim El-Zakzaky has taught them everything, except the rule of law or subordination to lawfully constituted authority and government of the Federal Republic of Nigeria (FRN).

    “We are not interested in scratching the bruises of old wounds and the damage to Nigeria, wrought on us by the IMN sect in the last 40 years, operating illegally and unregistered in Northern Nigeria. Even their fellow Muslims oppose them vehemently, faulting their style of public worship in lengthy processions, with assorted weapons, as strange, alien and unacceptable.

    “We have observed that members of the Islamic Movement in Nigeria, who though claim some religious activity, but are unfortunately, always combat-ready and striking any ideologically unaligned persons with awesome unprovoked violence and murder. And also, both leaders and adherents boldly profess allegiance to the Islamic Republic of Iran (IRI) and affiliation with ISIS, as their mentors and sponsors of this bizarre version of Islamism in Nigeria. Iran is the most notorious terrorists’ nation in the world, which has “proudly” defied even the United Nations on promotion of terrorism.

    “Emboldened by this background, IMN sect members breach laws of the Nigerian federation with impunity and dares everybody, with a confounding recklessness or ruthlessness. From their Spiritual Head Sheik, El-Zakzaky to incensed aficionados, they all hunger to test their intolerable tempestuousness on the Nigerian public anytime, anywhere, so courageously.

    “We are not just worried, but concerned that members of the Islamic Movement in Nigeria have consistently and persistently shown disregard to the laws of our country. What is of utmost concern to them is how to clandestinely impose another version of terrorism, garbed in the fake coats of Islam on the rest of us.

    “May we remind Nigerians that Boko Haram terrorism started, to paraphrase, President Muhammadu Buhari on his inaugural day speech to Nigerians, as “small fires, now causing large fires.” None of us is oblivious of the pains and sorrows inflicted on us by Boko Haram terrorists, because we allowed it blossomed, unchecked in celebration of some faulty and indiscernible liberties of democracy.
    “Displaying their familiar tradition in the week, just ended, IMN sect members again assailed Abuja in incredible thousands. Some media reports pegged the number as much as 10,000 sect members. Now, it’s rare to even have a presidential political rally in Abuja, boasting of this astounding crowd organized by IMN terrorists . How did anybody mobilize terrorists in such astonishing numbers into Abuja for a protest? Something must be amiss somewhere and some people delight in it.

    “It is the same siege they laid on Zaria City in Kaduna state. It is the same unlawful siege on Kano, Yobe or other states in the North. No one noticed the potential danger at the budding stage. And the Shiites sect expanded to what it is now, extending to Abuja, after Kaduna state Governor, Mallam Nasir el-Rufai outlawed the sect at the state level.

    “In Abuja on their so-called “peaceful” protests, the IMN sect members did not only hurl insults and held the sovereignty of the Federal Republic of Nigeria to ransom and in contempt, but stoned the Police, the only civil security agency mandated by law to supervise their lawful protests. Police were compelled to necessarily use teargas canisters’ to disperse the unruly Shiites rented mob.”

    “The Coalition will be left with no option but to mobilize Nigerians against the Office of the Attorney General of the Federation and to pass a vote of no confidence on him until he resigns from the office which he holds in trust for the rest of us. Enough is enough of the IMN threats which is already a negative signal within the FCT in view of their recklessness and violence posture to inflict pains on anyone without looking back.”

  • AGF stops Obono-Obla panel

    AGF stops Obono-Obla panel

    •Aide declines comment

    Vice President Yemi Osinbajo has expressed discomfort about the activities of the Special Investigation Panel for the Recovery of Public Property (SIPRPP).

    The panel is headed by the Special Assistant to President Muhammadu Buhari on Prosecution, Mr.Okoi Obono- Obla.

    The panel set up under the Recovery of Public Property (Special Provisions) Act, was constituted in August by the government.

    However, the Vice President is said to be unhappy with the way the panel’s Chairman was exercising his power.

    Although no details of any wrongdoing was disclosed, Obono-Obla is alleged to have disregarded Civil Service’s established administrative procedures and protocols.

    Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami disclosed this in a November 1, 2017 letter to Obono-Obla, a copy of which was sighted at the weekend.

    It was learnt that Malami’s letter was informed by an earlier letter by the VP and in which he (the VP) complained about the activities of the Obono-Obla-led panel.

    It was learnt that the AGF has now asked Obono-Obla to halt further activities in his capacity as the Chairman of the panel.

    The AGF, according to a source within the Federal Ministry of Justice, has also asked Obono-Obla to provide an up-to-date report of the panel’s activities till date, and to seek clearance from the Minister of Justice before taking further actions.

    Obono-Obla is said to have also been asked to seek clearance from the AGF before granting interviews.

    The AGF in his letter in which he acknowledged receipt of the letter from Osinbajo, expressed his concerns on the activities of the Panel which runs contrary to the enabling Act establishing it.

    He also noted that “the activities of the Panel run foul or contrary to established administrative procedures and protocols in the Federal Civil Service structure.

    “In view of the foregoing, coupled with the directives contained in the letter under reference, you are hereby directed to refrain from any further action or taking any step in your capacity as the Chairman of the Special Investigation Panel on the Recovery of Public Property with immediate effect until directed otherwise by His Excellency, the Vice President.

    “While you are to await further instructions in respect of the panel’s mandate, you are hereby directed to promptly provide a detailed up-to-date report on the activities of the panel to the undersigned for onward transmission to the Vice President.

    “Furthermore, you are required to henceforth seek clearance from the Honourable Attorney General of the Federation and Minister of Justice before granting any media interview or making press releases on official matters.”

    Obono-Obla confirmed the AGF’s letter to him, but declined to comment on its content or react to issues contained in it.

    He said he would not comment because it was still an issue between him and the AGF.

    He said the issue referred to was contained in a letter the AGF wrote to him, and to which he was preparing his response.

    Obono-Obla said it would be wrong for him to discuss such an issue in the media when he had not responded to the AGF’s letter.

    “I cannot comment. Is it about the letter from the AGF to me? Who took it to the Press? We have to find out first.

    “Because. it is a private communication from the AGF to me, and to which he requires me to react. And to which I am preparing my reaction.

    “So, I don’t know why it should be made a matter of controversy in the media.

    “I will have to first react to the minister’s letter before answering any questions from the media,” Obono-Obla said

    Read Also: FG drops Obono-Obla as recovery panel chairman

  • AGF to court: Fed Govt has no record of how states spent N388b Paris Club refund

    AGF to court: Fed Govt has no record of how states spent N388b Paris Club refund

    Accountant-General of the Federation (AGF) Ahmed Idris has told a Federal High Court in Lagos that the Federal Government has no record of spending of N388.304 billion London Paris Club Loan refund by 35 states.

    Idris stated this before Justice Muslim Hassan on Friday while responding to the suit filed by Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government.

    Justice Hassan had in June ruled that SERAP could proceed with the legal challenge to unravel how the 35 states spent the Paris Club loan refund. The court had also granted leave to the organisation that it was important for the authorities “to come and tell us how they spent our money”.

    SERAP is seeking “an order of mandamus directing and/or compelling the government to publish details of spending of N388.304 billion London Paris Club Loan refunds allegedly diverted and mismanaged by 35 states”.

    Although the money was to be used by the states to pay overdue pensioners’ entitlements and workers’ salaries, Idris, in his defence, told the court that the spending “is protected by professional privilege, and therefore confidential”.

    The AGF said: “The relationship between the Accountant-General and the 35 states is professional and confidential. It is a fiduciary one akin to that between a bank and its customer and allied professionals. On that score, record of the spending of N388.304 billion London Paris Club Loan refund by the 35 states is exempted from publication, assuming the Federal Government has the information sought by SERAP.

    “The Accountant General does not have custody or possession of the information or record relating to the spending of N388.304 billion London Paris Club Loan refund by 35 states, which the government gave them. The Accountant General did not release the funds to the states.”

    He, therefore, urged the court to decline the request of the organisation for an order of mandamus.

    But SERAP argued that due to non-payment of overdue pensions and salaries of workers by the states, citizens have continued to languish in untold hardship and poverty.

    The organisation contended that there was a compelling public interest in knowing how exactly the Paris Club loan refund were spent by the 35 states.

    It noted that there was also no professional relationship or privilege between the Accountant General and the 35 states as to warrant any duty of confidentiality on the part of the Accountant General.

    According to SERAP, “There must be transparency and accountability in the spending of the refunds, in line with the principle of Open Government Partnership (OGP) to which Nigeria is a signatory. In addition, section 15(5) of the Constitution of Nigeria 1999 (as amended) provides that the state shall abolish corrupt practices and abuse of power. Citizens must be able to access the performance of government, and this depends on access to record about spending of the refund by the 35 states.

    “Assuming without conceding that the Accountant General does not have record of spending of N388.304 billion London Paris Club Loan refund by the 35 states, nothing stops the Accountant General from working with other agencies/ministries to release information on the spending, especially being the Chief Accounting Officer of the Federation, and constitutionally charged with the overall responsibility of keeping and managing all the receipts and payments of the Federal Government.

    “The Accountant General cannot, therefore, say he is unaware of the spending of the refunds by the states. Otherwise, this would mean that the Accountant General is lacking in his duty as Chief Accounting Officer of the Federation.”

    The Federal Government released N388.304 billion of the N522.74 billion to 35 states as refund of over-deductions on London-Paris Club loans.

  • AGF regrets sorry state of nation’s prisons

    AGF regrets sorry state of nation’s prisons

    •Says prison condition violates inmates’ rights

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has regretted the sorry state of affairs in the nation’s prisons.

    Malami noted that, not only are the prisons overcrowded with mostly awaiting trial inmates, they are without the necessary facilities.

    He argued that the condition in which inmates were kept in the nation’s prisons is not only a violation of required international standard, it violate the rights of the inmates.

    Malami spoke in Abuja yesterday while inaugurating a stakeholders’ committee to oversee the implementation of the Federal Executive Council’s directive to fast track the decongestion of prisons.

    He said: “The current state of our prisons is unfortunately very alarming. There is no gainsaying that the facilities are vastly overcrowded with inmates and the environment mostly not conducive, therefore defeating the primary purpose of the prisons as primarily reformation centres.

    “As a matter of fact, the state of our prisons directly touches on the fundamental human rights of these inmates and constitutes a violation of those rights.

    “It is particularly worrisome that about 70 per cent of the inmates in Nigerian prisons are awaiting trial. This is rather embarrassing and an indictment of the national justice system.

    “This situation contradicts international standards, including those provided in the International Convention on Civil and Political Rights (ICCPR) that provides for limited use of pre-trial detention only when certain conditions are present,” Malami said.

    He noted that past efforts at decongesting the nation’s prisons have not been particularly successful, a development that informed the new initiative.

    The AGF said the role of the committee will include to come up with an effective strategy in the form of a road map and comprehensive action plan to ensure that permanent gains were achieved in the task of reforming and decongesting the nation’s correctional institutions.

    Some of the measures to be adopted include the creation of a case management system to integrate existing prison information systems in some parts of the country, and review of cases of inmates awaiting trial for up to five years and of inmates eligible for prerogative of mercy periodically.

    Other measures, Malami said, include the application of the provisions of Part 44, sections 453, 460 and 468 of the Administration of Criminal Justice Act (ACJA) on no-custodial sentencing, and liaising with the National Assembly on the need for the prompt passage of the Nigeria Prison and Correctional Services Bill.

    Malami also stressed the need for collaboration with Chief Judges of the states and the Federal Capital Territory (FCT) on ways to fast track prison decongestion, and working with states’ Attorneys-General to develop necessary prison decongestion policy.

    The committee’s Chairman and Chief Judge of the High Court of the FCT, Justice Ishaq Bello assured that his committee would do a thorough job.

    Justice Bello noted that states were reluctant to adopt the ACJA, a development partially responsible for delay in the administration of criminal cases and prison congestion.

    He urged President Muhammadu Buhari to encourage state Governors to adopt the ACJA as a way of ensure prompt handling of criminal cases and elimination of congestion in prisons.

     

  • Alleged invasion: Edo community sues Army AGF for N700m

    Alleged invasion: Edo community sues Army AGF for N700m

    Some indigenes of Ajakurama and Tarila Zion communities in Edo State have sued the Nigerian Army and the Attorney-General of the Federation and Minister of Justice for N700 million damages.

    The petitioners, in a case with suit number FHC/B/CS/116/2017, filed before a Federal High Court in Benin, Edo State, alleged that the Nigerian Army, through the 4 Brigade Command, Benin, violated their fundamental human rights during the October 20 military operation in their communities, destroying the property and disrupting their normal lives.

    Meanwhile, the Nigerian Army had explained that the operation, which was carried out in the communities was pursuant to a credible intelligence, exposing the activities of some militants who were operating from the communities.

    The petitioners; Felix Odowu, Ogolugha Odowu, Aye Nisor, Christopher Felix, Ibenatei Ipuluwei and Teacher Magic, had prayed the court to declare the said military operation, during which their property were seized and wantonly destroyed, as unlawful and a violation of their constitutional rights.

    According to a statement by the counsel to the petitioners, Napoleon Egin, the prayers included an order of perpetual injunction, restraining the Army, the Attorney-General of the Federation and five others from further victimization of the communities.

    According to Egin, the petitioners’ prayers included “an order of perpetual injunction restraining the respondents whether by themselves, their privies and servants from further harassing, intimidating, humiliating the applicants and or invading Ajakurama and Tarila Zion communities, an order of injunction restraining the army from further occupation of both communities as well as a letter of apology by the respondents to be published in a national newspaper.

    “Our clients are asking for an order of perpetual injunction restraining the respondents from further breach of their fundamental rights and the sum of N700million as general damages for injuries already suffered.

    “We equally filed an ex parte motion praying the court to order parties to maintain status quo ante bellum pending the hearing and final determination of the originating motion on notice. This step was taken in view of the sinister mission of the Nigerian army to annihilate any adult male indigene of our clients’ communities.

    “As we brief you this moment, the army’s act of hostility against the good people of Ajakurama town in Egbema Ijaw clan of Edo State continue unabated and it is however hoped that with the service of this process on them today, there will be sign of peace and normalcy returning to the troubled area,” he said.

    Meanwhile, spokesman of the 4 Brigade Command, Benin, Captain Muhammed Maidawa, said the operation was in response to credible information on the activities of some suspected militants who he said are living in the communities.

    The army had earlier claimed to have discovered a cache of ammunitions and military regalia from the hideout of the suspected militants in the community, an allegation the residents describe as “giving a dog a bad name just to nail it.”

  • AGF urges court to dismiss suit seeking Magu’s sack

    AGF urges court to dismiss suit seeking Magu’s sack

    Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) has urged a Federal High Court in Abuja to dismiss a suit by two lawyers seeking the sack of Acting Chairman of the Economic and Financial Crimes Commission (EFCC) Ibrahim Magu.

    The AGF made the request in a notice of preliminary objection he filed for himself and on behalf of President Muhammadu Buhari against the suit.

    The plaintiffs – Ahmed Yusuf and Peter Asa – filed the suit on March 24, this year.

    They listed Magu, the AGF, the President, the Senate and the President of the Senate as defendants.

    The plaintiffs claimed to have been aggrieved by the appointment of Magu as the substantive Chairman of the EFCC by the President despite Senate’s refusal to confirm his appointment.

    They queried the competence of Magu’s continued occupation of the seat of EFCC Chairman, his nomination by the President having been rejected twice by the Senate

    The plaintiffs  primarily seeks an order restraining the President from further re-nominating or re-presenting Magu’s name to the Senate for confirmation, the name having earlier been rejected twice by the Senate.

    They also want a declaration that by the combined effect of the provisions of Section 2(3) of the EFCC Act and Order 131 of the Rules of the Senate, Magu or any other person cannot validly occupy the office of the Chairman of the EFCC in acting capacity.

    But in a notice of preliminary objection, the AGF argued that not only was the suit wrongly initiated by the plaintiff, they equally lacked the locus standi to file the suit.

    Malami argued that the plaintiffs did not have sufficient interest in the determination of the matter and have not shown that their civil rights were breached by the defendants.

  • Magu: AGF seeks merger of 17 cases on EFCC Chairman’s confirmation

    Magu: AGF seeks merger of 17 cases on EFCC Chairman’s confirmation

    MINISTER of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) has requested the Acting Chief Judge of the Federal High Court Justice Adamu Kafarati to consolidate 17 cases pending before the court on the controversy over whether or not the appointment of the Chairman of the Economic and Financial Crimes Commission (EFCC) requires Senate’s confirmation.

    A lawyer from the AGF’s office, Musa Abdul, who appeared yesterday in one of such cases, said a memo written to that effect by Malami was now before Justice Kafarati.

    Abdul told Justice Gabriel Kolawole, before who the case by a Senior Advocate of Nigeria, Jibrin Okutepa, came up yesterday, that the memo by the AGF was intended to prevent a situation of where conflicting decisions were given on the cases.

    Abdul said: “My Lord, the AGF has written a memo to the Acting Chief Judge of the Federal High Court requesting that 17 suits in respect of the Chairman of the EFCC be consolidated to avoid the court giving conflicting decisions on suits with the same subject matter.”

    The information by Abdul and the disagreement among two lawyers on who should represent the Senate and the Senate President led to the adjournment of the case to a later date.

    At the inception of proceedings, two lawyers, Peter Abang and S.O Alhassan, announced appearances, with each claiming to represent both the Senate President and the Senate (who are listed as 4th and 5th defendants.

    In a ruling, Justice Kolawole frowned at the conduct of the lawyers. He noted that “the 4th and 5th defendants are having two legal representations, and as such, they cannot be heard.” He urged the concerned parties “to put their heads together”.

    The judge added there was the need to adjourn the case since it was brought to the court’s notice that there are 16 to 17 suits bordering on the same subject matter, which are either assigned or yet to be assigned by the acting Chief Judge.

    He adjourned to November 1, 2017, so that the court will be in a position to know the decision of the acting Chief Judge.

    Okutepa is in the suit querying the powers of the National Assembly to confirm the appointment of the Chairman of either the Independent Corrupt Practices and other related offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) in the face of the provisions of the constitution.

    Defendants in the suit are the President, the AGF, the National Assembly, the President of the Senate and the Senate.