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Tag: Attorney-General and Minister of Justice

  • Supreme Court must declare Saraki, others’ seats vacant, says Arise

    The Attorney General and Minister of Justice, Abubakar Malami, has been urged to approach the Supreme Court on the need to declare the seats of Senate President Bukola Saraki and other defecting senators vacant.

    Former Chairman, Senate Committee on Privatisation, Senator Ayo Arise, said the executive arm of government is empowered by law to invoke Section 68 (1) g of the 1999 Constitution to declare the seats of the defecting senators vacant.

    Read Also:Saraki: I’m not bothered by impeachment threat

    Speaking on a Channels Television current affairs programme, POLITICS TODAY, monitored in Ado-Ekiti, Arise said the defection of Saraki and his followers in the Senate, without a valid reason as prescribed by the Constitution are no longer members of the National Assembly.

    Arise, who was in the Senate between 2007 and 2011, and seeking a return to the upper chamber said approaching the Supreme Court would save the country from what he called “the ongoing defection mentality which has now become a recurring practice in Nigerian politics, especially in the build up to every election.”

    According to him, the issue at stake is far beyond individual or a group of people but rather a constitutional matter in order to move the country forward.

    The former lawmaker stressed that Nigeria will forever remain underdeveloped politically, if will fail to do what is right by adhering to the tenets and dictates of the Constitution of the Federal Republic of Nigeria.

    Arise said: “Law is not a respecter of anybody and it must not be held contrary in Nigeria hence the need for the law to take its course in the latest development and set the record straight once and for all. This will go a long way at bringing sanity and sanctity into the nation’s democracy”.

    “The Supreme Court in the case between Hon. Ifedayo Abegunde and Ondo State House of Assembly and others, had unambiguously settled the issue of defections, when it defined the difference between factionalisation and fractionalisation of a political party and explained the reasons that can warrant the defection of any elected member of the National or State Assembly without suffering the consequences as stated in section 68 (1) g of our Constitution.

    “It stated that, factionalisation of a party could not have warranted any lawmaker to change his or her party but held that, factionalisation through which a Legislator can defect must be in conformity with the section 68(2) of the constitution which states that, there must be a division in the party.

    “What “factionalisation or division” means here is that, there must be a parallel executive from the national to the ward level within the affected political party before the constitutional requirements that permits defection without forfeiture of one’s seat could be met.

    “And as at today, there is no such ground in the APC to allow Saraki and others to change from the party through which they became legislators without losing their seats in the National Assembly. They could participate in a new election to fill their seats in their new parties.

    “On the possibility of having the INEC budget for the 2019 general elections passed into law because of the current face-off between the National Assembly and the Executive, Sen. Arise noted that, the constitution allows the President to spend up to 50% of previous budget proposal in the event of a delay in passing a current budget by the Lawmakers.

    “Therefore, the question of whether or not the passage of INEC budget could be an obstacle towards the conduct of 2019 general elections may not arise because the President can source for funds through some special intervention funds pending the settlement of the political imbroglio.

    “The most practical and legal solution is to follow the dictates of our Constitution and declare the seats vacant by seeking the opinion of the Supreme Court again if anyone is doubt that any judgment of the Supreme Court is the law of the land.

    “The Constitution also empowers the Executive arm of the government to enforce our laws.”

  • Malami links 270 missing recovered assets to Maina

    Malami links 270 missing recovered assets to Maina

    Startling revelations are emerging from submissions made to the Senate ad-hoc Committee investigating the circumstances surrounding the surreptitious re-appearance and re-absorption into the civil service of former Chairman, Presidential Taskforce Team on Pension Reform, Mr. Abdulrasheed Maina.

    The Attorney General and Minister of Justice, Mallam Abubakar Malami, in a 13 page memorandum dated November 14, 2017 which he submitted to the committee linked over 270 allegedly missing recovered properties and assets to Maina.

    The 270 properties which are yet to be accounted for, Malami said, were recovered from pension fraudsters when Maina headed the Task Team.

    The weighty document said to have been submitted to the Chairman of the investigative panel, Senator Emmanuel Paulker personally by Malami, listed the properties to include real estates and high class motor vehicles.

    The AGF raised posers which tacitly indicated that the recovered properties and assets were likely to have been fraudulently shared by top government officials and their cronies.

    He specifically mentioned a property situated at No. 42, Gana Street, Maitama Abuja which he claimed is worth N1 billion but was allocated to senior lawyer to buy.

    The No. 42 Gana Street, Maitama property was said to have been recovered from Dr. Shaibu Teidi, a former Director of Pensions Accounts, Office of the Head of Civil Service of the Federation.

    The AGF said Nigerians were “blind folded” from getting answers to the following two pertinent questions: “a. What happened to the monies recovered from the syndicate?  What about the 270 properties comprising of real estate and motor vehicles one of which is a mansion worth N1 billion situated at No 42 Gang Street Maitama Abuja allegedly given to a senior lawyer meant to crave for his ‘ “buy in” in maximizing media hype aimed at distracting the attention at the public pension fraud?

    “The perceived compromises in the investigation, prosecution and charges of real syndicate over the pension related matters.

    “Let me conclude by commending the committee led by its Chairman, Distinguished Senator Emmanuel Paulker for the opportunity afforded me to speak to Nigerians directly by rising above the conspiracy of the pension predators that set in aggressive press negative campaign against me and allowing me an opportunity to address Nigerians there by upholding the national interest as against the interest of the chain of pension predators.”

    In what appeared a twist in the investigation, the AGF is said to have told the committee that his signature on the memo which sought the re-instatement of Maina into the civil service was forged.

    Malami, a source close to the committee which is sitting behind closed door said, insisted that he did not author the memo seeking the reabsorption into the civil service.

    The AGF was said to have claimed that desperate people bent on smearing his image might have been behind the alleged forgery.

    Another document also submitted to the committee, a group of concerned pensioners claimed that the 270 properties recovered by the Taskforce Team were in the custody of the Economic and Financial Crimes Commission (EFCC).

    Part of the document read: “These properties are under the custody of the EFCC. The properties as we speak, have been shared among top officials of the commission, friends and family members, including lawyers of the agency.”

    The group which went ahead to list over 63 estates and properties with names of the original owners prayed the Senate to dig deep to unravel how the recovered properties and assets were shared and who got what.

    Malami who is said to be central to the investigation has so far appeared before the Senate ad-hoc committee three times.

    A source said that the AGF is expected to put up more appearances to respond to allegations made against him in some documents.

    He is also expected to provide answers to what the EFCC did with the recovered properties and those who benefited from the sharing of the assets.

    The Senate Thursday extended the sitting period of the ad-hoc committee.

    The upper chamber also expanded the scope of work of the committee to include tracing the whereabouts of recovered properties and assets.

    The approval followed a point of order, by Senator Paulker.

    Paulker, whose committee was given one month to submit the report of its findings, asked for an additional time of two weeks.

    The request was granted.

  • AGF takes over forgery case in Edo

    AGF takes over forgery case in Edo

    Nigeria’s Attorney-General and Minister of Justice, Abubakar Malami, has taken over prosecution of an alleged case of forgery preferred against a Benin based lawyer, Barrister Dele Edokpayi and his firm, Circular Merchants Limited.

    A letter to the Registrar of the Federal High Court in Benin City and signed by Ajakaye Iyiola Julius, an Assistant Director of the Ministry of Justice, said the AGF took over prosecution of case in pursuant to Section 174 (1)(b) of the 1999 constitution as amended.

    The taking over of the prosecution of the case followed a petition by Barr. Edokpayi that proper investigation was not conducted by the police before he was charged to court.

    Barr. Edokpayi and his firm who have since been granted bail were arraigned in June on four count charges of forgery of a deed of transfer of A.O Obasuyi and Sons Sawmill Limited and forgery of application for Governor’s consent for the purchase of property housing A.O Obasuyi and Sons Sawmill.

    They were also alleged to have forged the signature of one B.I Obasuyi on the deed of transfer of A.O Obasuyi and Sons Sawmill and the signature of one Sam Obasuyi on application for Governor’s consent dated February, 2006.

    Speaking to newsmen in Benin City, Barr. Edokpayi said he was arrested in a gestapo style by the police while driving and was hurriedly charge to court without investigation.

    Barr. Edokpayi stated that he was being prosecuted because of a landed property he bought for N10m from three brothers including a former Attorney-General of defunct Bendel State, late Benson Obasuyi.

    He explained that the family approached him to rescue them when they couldn’t deliver to a first buyer and he paid out N4m.

    Edokpayi said he later paid each of the three brothers N2.8m each for the property which used to be their late father’s Sawmill firm.

    His words, “I have receipts for all the transaction we did in 2006, Why did they wait for Benson to die before they claimed I forged his signature? There are other properties I bought from them.

    Checks showed that Justice O.O Tokode has earlier granted a motion exparte for an interim order for the prosecution to possess the immovable property housing the A.O Obasuyi and Sons Sawmill limited being the subject matter of the offence of forgery preferred against the accused persons pending the determination of the motion on notice.

  • Maina: Senate seeks sack of Malami, Danbazau, others

    Maina: Senate seeks sack of Malami, Danbazau, others

    The Senate Tuesday mandated its joint committee on Public Service, Anti-Corruption, Interior and Judiciary to investigate the circumstances surrounding the controversial return of former Chairman, Presidential Task Force on Pension Reforms, Abdulrasheed Maina to the country.

    The committee is also to determine how Maina was reinstated into the civil service and handed enhanced promotion to the position of director.

    The upper chamber said that development became even curious especially when Maina is on the wanted list of the country for alleged fraudulent activities.

    The resolution followed the adoption of a motion of urgent national importance raised by Senator Isa Hamma Misau (Bauchi South)

    Misau said that the circumstances of Misau’s return and reinstatement into the civil service had become huge embarrassment to the country.

    Many of the senators who contributed to the debate asked the Senate to resolve to ask President Muhammadu Buhari to sack those linked to the development.

    The lawmakers singled out Attorney General and Minister of Justice, Mr. Abubakar Malami and the Interior Minister, Abdulrahmane Danzabau as two public officials that should be hammered by President Buhari for their alleged roles in the return and reinstatement of Maina.

    Misau said, “Right from day before, you will see the story of somebody who has been declared wanted by the Economic and Financial Crimes Commission (EFCC).  We read how the man who was declared wanted and was said to be abroad, came back to Nigeria miraculously.

    “Going by the newspaper publications, somebody wanted by the EFCC, left the country for so many years. He was dismissed from the service. He was out for a long time, but smuggled into the service. He left the country as an assistant director. Today, he is a director.

    “We even heard that he goes about with police escort. I wonder how a government that claims to be fighting corruption will be involved in a matter like this. This is a big embarrassment for this country. The people around the President are not helping matters. It appears that the President is the only one talking about corruption. Other people around him are protecting corrupt people.

    “The AGF was mentioned and other people were mentioned. We investigated this case in the 7th Assembly. I am calling on the Senate to investigate this case again.”

    Senate Chief Whip, Senator Olusola Adeyeye in his submission said:

    “I remember what happened then. It got to a point when the former President of the Senate, David Mark, told the former President Goodluck Jonathan to choose between Abdulrasheed Maina and loyalty to the country. It got so bad that Maina had over 30 police officers attached to him.

    “It got so bad that he was always on the front roll whenever the former President travelled. At some point, we thought that he was being protected. I remember one of us was blackmailed and called names. He was accused of taking billions as bribes. Today, that lawmaker was cleared and he is here.

    “Some principalities in power then ferried Maina to neighbouring countries. There is a procedure when it comes to promotion in the civil service. This is an insult on the part of civil servants who have worked so hard.

    “As a member of APC, it is a sad moment. We cannot say that we want to fight corruption and have this approach. Jesus Christ said it is difficult for a rich man to pass through the eyes of a needle.

    “This saddens me and I am sure it saddens all of us. I am glad that following the outrage from the public, the President acted swiftly. We read in the papers that the rules of the civil service were bypassed.

    “It appears there are people in this government who want the President to fail. Every patriot and member of APC in this house must stand out and ensure that the President does not fail.

    “Papers have reported that two Ministers were involved. Those Ministers must be brought to justice. The President must ensure that those Ministers are sacked. Corruption is not only about stealing money. Incompetence too is another form of corruption.

    “I hope that this Senate will not forget its past resolutions on Maina. On it, we still stand. He must be made to stand and face the law. He is not above the law. Steven Oronsaye was accused. He did not leave the country. He stayed back and cleared his name. Maina must do same.

    Senator Kabiru Marafa said:

    “I want to appreciate the person who brought this motion by exposing some dubious people in government. No family can boast of having 100 per cent good people. APC is not an exception. We cannot attribute everything to the President. He should be commended for rising to the occasion.

    “Reinstating Maina is a crime against Nigerians. We should approve a full blown investigation into what happened. We must not allow this thing to go unnoticed.

    Senator Atai Idoko on his part said:

    “We are looking at the symptoms; we are not looking at the cause. Maina is too small to go back to office. Somebody brought him back to the office. Maina is too small. He is not the issue. We should look at those who returned Maina.

    “As we were told, the person who approved this thing is the AGF. The simplest thing the President could do was to terminate the appointment of Maina. That is not the issue. The AGF brought him back. The AGF has a history of doing things like this. The President should tell us what he will do to the AGF.

    Senator Albert Bassey Akpan said:

    “The Senate must investigate and bring to book any person who wants to bring this country to disrepute. We will stand with the Senate to ensure that the right thing is done.

    Senator Tayo Alasoadura on his own cautioned:

    “The President has set up a committee to investigate the matter. We should not call names of people who have not been indicted. We should not duplicate. If the executive has set up a committee, we should not do the same thing. We must not set up committees every time.

    Senator Dino Melaye said:

    “The whole unfolding affair is pathetic. Should we continue in sin and ask grace to abound? The AGF time after time has abused his office. Maina did not get himself back. We should talk about the integrity of the AGF and his office. If the number one law officer is breaking the law, where is the hope?

    “The AGF started with the forgery case against Saraki and Ekweremadu. Something happened we have not noticed. Two public officers had issues and the AGF chose to support the Inspector-General of Police against Senator Isah Hamman Misau. Today, it is Senator Isah versus the Federal Government.

    “Tomorrow, if I commit any offence against the friend to the AGF, I will be arraigned. We should not encourage the setting up of investigative committees. The President is surrounded by worms who are bent on destroying the country.

    “There are so many committees that have been set up by the President and the resolutions of those reports may not be implemented until after rapture. Enough is enough. We cannot have this forever. This is wrong. The Senate needs to do something.

    “We must recommend to the President that the AGF has erred in discharging the affairs of his office. If we do not check it, the AGF will plunge us into trouble.

    Senate President, Abubakar Bukola Saraki asked the joint committee to do a thorough job.

    Chairmen and deputies of the four committees were appointed to form an adhoc committee to investigate the issue.

    Saraki concluded: “We are all very disturbed. I want the committee to work hard and bring this matter back to us. We need to investigate the breech in our security and how the anti-corruption war is going.”

  • Senate threatens to arrest AGF

    Senate threatens to arrest AGF

    The Senate Tuesday threatened to invoke necessary legislative powers including arrest warrant to drag the Attorney General and Minister of Justice, Mr. Ababukar Malami, to appear before it.

    The resolution followed explanation by the Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator David Umaru, on the circumstances surrounding the failure of Malami to honour the invitation of his committee.

    Senate President, Abubakar Bukola Saraki, said that the Senate would be guided by Constitutional provisions to deal with the AGF if he failed once again to honour the invitation of the upper chamber.

    Special Assistant to the President on Prosecution attached to the Federal Ministry of Justice, Mr. Okoi Obono-Obla, had told the committee that it lacked the power to summon Malami since the AGF was not an appointee of the Senate.

    Obono-Obla who represented the AGF at a sitting of the committee insisted before he was walked out of the meeting that Malami did not commit any offence by dragging Saraki and his Deputy, Ike Ekweremadu to court over alleged forgery of Senate standing rule.

    Umaru who came under personal explanation said: “The resolution of the Senate was for the committee on Judiciary, Human Rights and Legal Matters to invite the Attorney General of the Federation and Minister of Justice to appear before it and explain the reason behind attempts to prefer charges against the principal officers of this hallowed chamber.

    “In line with the directive, we invited the Honourable Attorney General, first on the 23rd of June and on that date he did not appear but a letter was received by our committee to the effect that he needed more time to articulate its position and that he was out of the country.

    “The committee obliged him, we scheduled another meeting for the 30th of June, on that day, the Attorney General of the Federation and Minister of Justice did not appear before the committee.

    “However, somebody who claimed to be Mr. Oblar appeared to say that he was appearing on behalf of the minister.

    “The committee therefore told him that he was not an invitee and that we will not attend to him and we asked him to leave.

    “I have being informed by Senator Ita Enag (Senior Special Assistant to the President on National Assembly Matters) and I have received lots of attempts to reach me by the Hon. Attorney General. Senator Ita Enag have informed me that the Attorney General regrets his inability to respond to our petition and that he requests time to appear before us.

    “I think it is important for the distinguished colleagues to be informed about this development and for us to request for more time to give him the opportunity to appear since he has indicated his willingness to appear before the committee.”

    Saraki who did not allow debate of the matter said insisted that the AGF must appear before the committee in line with the resolution of the Senate.

    He noted that failure to comply with the resolution of the Senate to appear before the committee necessary constitutional steps would be taken to enforce Senate resolution.

    The Senate President noted that they would have no choice than to follow strictly what he Constitution dictates if the AGF failed to honour the Senate.

    Saraki said, “We all heard the explanation of the chairman Judiciary. What he is trying to get across to us here is to tell us the status of the situation because what we have been reading in the papers was of great concern where the number one judicial officer of the country will be the one that will be flouting the Constitution.

    “Section 89 (c) of the Constitution is very clear. But it appears from what you are saying that the Attorney General is requesting for one more chance to be given to appear before you.

    “The Senate is always in the progress of development; as such we will do that and ensure that he does come this time.

    “Otherwise, we will have no choice than to follow the constitution strictly.

    “So, you will report back to us before the end of the week to let us know the status of that situation.

    “If that does not happen, we will go ahead and go in line with the Constitution very clearly.”

     

     

  • FG assures police of adequate funding

    FG assures police of adequate funding

    The Federal Government on Friday promised to address the challenges of inadequate funding, training and other challenges facing the Nigeria Police Force.

    Vice President Yemi Osinbajo made the promise at the inaugural annual Inspector-General of Police’s Strategic Police Management Conference in Abuja.

    Osinbajo was represented at the conference by Dr Yomi Dipeolu, his Special Adviser on Economic Matters, which has “Custodial Violence and Strategic Police Management in Nigeria” as its theme.

    He told the police that “in view of the importance of your role in maintaining law and order, we will address the challenges of adequate funding, training and other challenges that you face.”

    On custodial violence, the vice president attributed the delay in the trial of cases to the attitude of police toward confessional statements.

    He said “it is my view that the current way in which the police take confessional statements is the reason or one of the main causes in delay of trial.”

    He noted that in some cases, the confessional statements do more harm than good to the case of the prosecution.

    He urged the police to take advantage of the new provisions in the Administration of Criminal Justice Act to record voluntary confessional statements on video or take it in the presence of a legal counsel of the suspect.

    Osinbajo urged the police commanding officers to monitor the behaviour of officers in the field and at the station as this would determine the cooperation of the public.

    Earlier, the Attorney-General and Minister of Justice, Abubakar Malami, said that the police needed the support of Nigerians to discharge its constitutional roles.

    He said that the police must be rebuilt to inspire confidence in every citizen.

    Malami added that the present administration was committed to ensuring that the police became more humane and efficient institution in the country.

    He urged police officers to desist from violating the rights of citizens and improve on their capacity.

    In a remark, the Inspector-General of Police, Mr Solomon Arase, said there was a manpower gap at the strategic policing level in the country.

    He said there was a need to initiate sustainable training and capacity building to bridge the gap and prepare the force for future challenges.

    Arase noted that the police was collaborating with local and international experts to institute a training intervention and capacity building annually.

    He urged officers to embrace opportunities to sharpen their intellectual and professional skills.

    “Let me emphasise that the future of the Nigeria Police rests not necessarily on the acquisition of weaponry, but on requisite policing knowledge,” he added.