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Tag: Attorney- General

  • Lalong names ex-Campaign director Attorney-General

    Plateau State Governor Simon Lalong has appointed his former Director (Legal Directorate)  of Lalong/Tyoden  Campaign Organisation, Mr. Jonathan Ayuba Mawiyau, as the Attorney-General and Commissioner for Justice.

    Mawiyau was born on September 3, 1960. He studied at the Local Education Primary School,  Dafo between 1967 and 1974  where he obtained the First School Leaving Certificate.

    He proceeded to  Boy’s Secondary School, Gidir between 1974 to 1979  where he obtained the West African School Certificate.  In 1982, the young Mawiyau was admitted to the Ahmadu Bello University, Zaria where he obtained the Bachelor of  Laws ( LL. B.)  Honours degree in 1985.

    In 1986, he proceeded the Nigerian Law School, Lagos where he obtained the Barrister at Law ( BL) certificate and was called to the Nigerian Bar in 1986.

     

     

  • Assembly summons attorney-general

    Assembly summons attorney-general

    LAGOS State House of Assembly has summoned the Attorney-General and Commissioner for Justice, Adeniji Kazeem, for a letter suspending action on some inherited bills.

    The commissioner wrote the lawmakers to stay action on outstanding bills inherited from the Seventh Assembly.

    In the letter, read by the Clerk, Ganiyu Abiru, the commissioner listed 15 bills, which he said the House should suspend.

    Lawmakers, however, faulted the letter. The Majority Leader, Sanai Agunbiade (Ikorodu 1), said he earlier received a letter from the commissioner through the Clerk, calling on the Assembly to revive pending bills from the executive.

    He said the new letter was contradictory and that it was wrong for the commissioner to have called for suspension of the bills.

    The bills are: State Public Private Partnership Amendment Bill 2013; State Sunset Agency Bill 2013; State Police Regulatory Authority Bill 2014; State Public Works Corporation 2014; State Examination Board Bill 2014; Seal of Lagos State Government Amendment Bill 2014; State Public Procurement Agency repeal and re-enactment Bill 2014; State Environmental Management and Protection bill 2014; State Tourism Promotion Agency Bill 2014; Ibile Holding Corporation Bill 2014; State Safety Commission swimming Pool Regulations 2014 ; State Water Infrastructure Development Fishery Regulation Bill 2014 and State Waterways Authority Boat Safety Regulation 2014.

  • Court bars Attorney-General NAPIMS, Total, others from implementing oil field contract

    Court bars Attorney-General NAPIMS, Total, others from implementing oil field contract

    A Federal High Court  in Lagos has restrained  Attorney-General of the Federation, National Petroleum Investment Management Services, (NAPIMS) Nigeria Content Development Monitoring Board, (NCDMB),  Samsung Heavy Industries Nigeria Limited (SHINL), and Total Upstream Nigeria Ltd, and their agents from implementing the  Floating Production Storage and Offloading Unit (FPSO) contract. The FPSO is in the Egina Field within OML130. The order will subsist  pending the determination of the substantive suit.

    The court also restrained the defendants and their agents from implementing the  contract either

    Justice Okon Abang gave the order after listening to the opposing counsel.

    In an affidavit sworn to by the plaintiff, Mr John Iyene Owubokiri, had averred that the scope of Egina FPSO oil field which is expected to produce 200,000 barrels of oil per day as stated by SHINL is expected to create 50,000 jobs, saying this is strategic to the future.

    Owubokiri averred  that there are established guidelines by the Nigerian National Petroleum Corporation (NNPC) for tendering and awarding of fabrication projects in the oil and gas industry. These guidelines were not complied with in the award of the Egina FPSO to Samsung,he alleged, adding that there were breaches of extant laws in the contract award.  The defendants breached provisions of the Nigeria Oil and Gas Industry Content Development (NOGICD)Act 2010 and relevant laws guiding the fiscal regime of the oil and gas industry.

    The NOGICD Act stipulates that NCAMB should supervice, coordinate, monitor and implement  the local content plan in the oil and gas industry. It shall also approves advertisement, qualification criteria, technical bid document, technical evaluation criteria and the proposed bidders list in bids for project in excess of $1 million. The Egina FPSO contract is worth $3,143,499,498.

    Owubokiri  claimed that Total Upstream covert launch by  its call tender without approval of technical stage and commercial template broke the law, standard practice and the established process for tendering in the oil and gas industry.

    The establishment of a fabrication yard in Bayelsa State was part of the local content plan  by Samsung to get the award  contract,  he averred, adding  that this could have created thousands of job, enhanced transfer of technology and skill acquisition for Nigerians.

    But, after the contract award,  Samsung, he claimed, abandoned the establishment of the fabrication yard  and now plans to carry out in South Korea the fabrication work meant to be done in Bayelsa  to the detriment of the economy.

    In a counter-affidavit,  a lawyer, Mr Olajide Oyewole, on behalf of Samsung  while denying some of the plaintiff’s averments  deposed that Owobokiri’s  rights have not been infringed.  ‘’He has not shown that he has suffered any special damage peculiar to himself apart from the public,’’ Oye-wole claimed, urging  the court not to grant the plaintiff’s application.

    Total Upstream,  in an affidavit sworn to by its lawyer, Chidiebere Ejiofor, urged the court to dismiss the plaintiff’s application because his client is challenging the court’s jurisdiction to hear  the suit.  The court ought to hear and determine the preliminary objection first, before entertaining any further motion of the plaintiff, he said.

    Attorney General of the Federation, NAPIMS and MCDMB did not file any response.

    Justice  Abang, in his ruling  adjourning till Thursday, and restrained  the defendants and their agents from implementing the  contract.

  • Lagos Attorney-General presents book on taxation tomorrow

    Lagos Attorney-General presents book on taxation tomorrow

    Lagos State Governor, Mr. Babatunde Fashola (SAN), will be the Special Guest of Honour at the public presentation of a book on Taxation in Nigeria.

    The Public Presentation is scheduled to hold tomorrow, at the Agip Hall, MUSON Centre, Onikan, Lagos by 2.pm under the Chairmanship of the Presiding Justice of Court of Appeal, Lagos,  Justice Amina Augie.

    • Ipaye
    • Ipaye

    The book, authored by the Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, gives insight into the legal and practical aspects of taxation and revenue administration in Nigeria.

    It is entitled: Nigerian Tax Law and Administration – A Critical Review.

    The publication attempts a review of the major tax laws in Nigeria as well as the administrative structures and processes by which they are implemented. It covers the essential background details, contextual definitions of terms, the basic rules of tax assessment, dispute resolution and enforcement

    It is a product of his combined experience as a teacher of Revenue Law and Tax Administration at the Faculty of Law, University of Lagos and as the pioneer Special Adviser to the Governor of Lagos State on Taxation and Revenue.

  • ‘Ekiti has no attorney-general’

    ‘Ekiti has no attorney-general’

    The All Progressives Congress (APC) has said Ekiti State has no attorney general and commissioner for Justice. It urged the occupier of the office, Owoseni Ajayi, to stop parading himself as such.

    The party urged the National Human Rights Commission (NHRC) to ignore Ajayi’s presentation of the defence of allegation of human rights abuses levelled against Governor Ayo Fayose.

    The Ekiti APC, in a statement yesterday by its Publicity Secretary, Taiwo Olatubosun, maintained that Ajayi’s appearance at the NHRC to defend the Fayose administration amounted to “impersonation and flagrant impunity to trample on the sanctity of the constitution”.

    Olatubosun said Ajayi should have represented Fayose in his private capacity instead of “in borrowed robes of the attorney-general to mislead the rights’ watchdog”.

    The party spokesman reminded the NHRC that Ajayi was “screened” and “ratified” by seven Peoples Democratic Party (PDP) lawmakers in the House of Assembly, which fell short of the constitutionally-required one-third of a legislature with 26 members.

    Olatubosun drew the commission’s attention to the violation of the constitutional provision in Owoseni’s purported screening and confirmation as the attorney-general and commissioner for justice, saying all the processes leading to his purported screening and confirmation were not known to law.

    He said: “We wrote to the attorney-general and minister of Justice about the illegalities involved in his purported confirmation and warned that such illegalities cannot legally produce the state’s chief legal officer.

    “We were explicit in our letter that Section 96(1) of the 1999 Constitution provides that ‘the quorum of a House of Assembly for such exercise shall be one-third of all members of the House.

    “One-third of Ekiti State House of Assembly is nine, but seven PDP members aided by the governor were given security cover to ‘illegally remove’ Speaker Adewale Omirin and replace him with Dele Olugbemi in a brazen breach of the constitution.

    “We also referred to the constitutional provision for the impeachment proceedings against the Speaker.

    “The legal quorum of two-thirds of all members of the House of 26 members is needed for impeachment proceedings against the Speaker, which is 18 members, but seven members illegally impeached the Speaker and imposed a member of their faction  as their speaker, who conducted Owoseni’s confirmation.”

    APC spokesman also drew attention to the breach of Section 192(2) of the 1999 Constitution in the purported confirmation of Owoseni, saying there was no screening session where Owoseni was assessed as capable of holding his purported position.

    Olatubosun said for that flagrant abuse of the constitution, Ekiti State, for now, do not have a commissioner for justice in the person of Owoseni Ajayi and could not  act on behalf of the Ekiti State government.

    Dismissing Fayose’s defence of his alleged right abuse as an afterthought, Olatunbosun said the governor would have made his complaints at NHRC against Fayemi if he was convinced that abuses were committed by his administration.

    “At best, Owoseni is a busy-body and an overzealous supporter of Governor Fayose who, as a legal practitioner, allowed himself to be part of reckless politicians, who are gang-raping the constitution to deny Ekiti people their  rights to have a duly elected speaker.

    “He is an impostor and part of the illegitimate products of human rights violations in Ekiti State.”

  • Judge, Attorney-General win institute’s awards

    Judge, Attorney-General win institute’s awards

    The Nigerian Institute of Advanced Legal Studies (NIALS) has held its convocation. It is the last by the out-going Director-General Prof Epiphany Azinge (SAN), who presented his scorecard. JOSEPH JIBUEZE reports.

    A JUDGE of the National Industrial Court,

    Justice Oyebiola Oyewumi has won this

    year’s distinguished alumni award (female category) of the Nigerian Institute of Advanced Legal Studies (NIALS).

    Abia State Attorney-General and Commissioner for Justice Mr Umeh Kalu won the male category.

    The award is given to graduates of the Institute’s who have distinguished themselves in their careers.

    Chief Justice of Nigeria (CJN), Maryam Aloma Mukhtar presented the awards to them during NIALS’ convocation in Lagos.

    She admitted 27 persons to the postgraduate degrees of the institute in her capacity as the institute’s Governing Council chairman during the event.

    Two persons graduated with Doctors of Philosophy (Ph.D) in Legislative Drafting; 19 persons obtained LL.M in the course, while six persons bagged Postgraduate Diplomas (PGDLD).

    The institute functions under the general supervision of the Federal Ministry of Justice, while its general policy direction is provided by the governing council, chaired by the CJN.

    Attorney-General of the Federation, Mohammed Adoke (SAN) urged the graduates to be good ambassadors of NIALS.

    “The management has committed itself steadfastly to the task of re-positioning this institute for not only training skilled and knowledgeable manpower in legislative drafting, but also has made this institution become one of the most valued, not only in Nigeria but on the African continent.

    “I have pledged to commit steadfastly to the task of repositioning the institute. That is why we have continued to support efforts of this administration and shall continue to support successive administrations in the quest for positive transformation to be able to realise its fullest potential in the near future.

    “Despite obvious constraints in terms of infrastructure, physical frailties and other essential needs, the institute is still one of the foremost institutions in the country and I am very proud of our journey so far,” he said.

    NIALS Director-General, Prof Epiphany Azinge (SAN), who presided over his last convocation, said his administration has “delivered excellently” in all that it set out to achieve.

    “The introduction of PhD by the institute was one aspect of our strategic vision that was mired in controversy from the point of conceptualisation. But we are able to convince our hardest critics that our mandate statutorily allows us to pursue a course of study leading to award of post graduate degrees.

    “Perhaps our critics were worried that our well endowed faculty may eventually unveil their antics of keeping PhD students for a minimum of 10 years before graduation.

    “We have clearly demonstrated that PhD can be earned within three years and still make eloquent and original contribution to knowledge,” Azinge said.

    Presenting his scorecard, Azinge said he was leaving behind a well-motivated staff; high scholarly productivity; well-structured research that has relevance to societal needs especially in the administration of justice; high visibility of the institute’s programmes, and a leading centre for legislative drafting skill development and expertise “in the whole world.”

    His administration also saw to the endowment of professorial chairs; creation of centres of excellence in law; consistent support and assistance to National Assembly on legislative studies and constitutional issues; establishment of zonal offices in the geo-political zones to bring NIALS activities nearer the people; a vibrant e-library; distant-learning facilities and introduction of French language for research fellows.

    NIALS under him also partnered with other relevant agencies worldwide; supplemented the meager budget through other creative means, provided high-profile platform for public lectures by jurists and international statesmen and initiated the ranking of law faculties, among others.

    Winner of Best Graduating Student and Most Original LL.M Dissertation prizes, Mr Bonaventure Nnamani, compared NIALS to a deep river which depth cannot be ascertained by standing at its bank.

    “I thought I knew much until I gained admission into NIALS and started receiving lectures. It dawned on me here that character molding is a continuous process and NIALS is a character moulder par excellence,” he said.

    The convocation ceremonies included a lecture delivered by President of Uganda, General Yoweri Museveni. It ended with a colourful event, including a cultural display by the institute’s troupe. As the academic procession was about to enter the hall, a fanfare was played.

    Justice Mukhtar said the post-graduates fulfilled the requirements of the statutes and regulations of NIALS and were found worthy in learning and character.

    On being presented the awards, those with PGD bowed and resumed their seats; those with Masters of Laws moved the tassel of their caps from right to the left, bowed and resumed their seats; while the two with Ph.D came forward, doffed their hats, received the chairman’s handshakes, and returned to their seats.

     

     

     

  • NIMASA, others object to NLNG’s suit

    NIMASA, others object to NLNG’s suit

    • Hearing for today

    A Federal High Court, Lagos, will hear a preliminary objection brought by the defendants in a suit by the Nigeria Liquefied and Natural Gas (NLNG) Limited against the Attorney-General of the Federation and others.

    Justice Mohammed Idris refused to re-affirm an order he made restraining the Nigerian Maritime Administration and Safety Agency (NIMASA) from detaining NLNG’s vessels.

    The blockade was over NLNG’s alleged failure to pay statutory charges to the Federal Government.

    Justice Idris made the order on June 18 against the Attorney-General of the Federation, Mohammed Adoke (SAN), Global West Vessel Specialists Nigeria Limited and its Managing Director Mr Romeo Itima.

    It was an order of interim injunction restraining the defendants, either acting for or deriving authority from the Federal Government, including NIMASA, from charging three per cent of gross freight earnings, tax, charges or dues on all of NLNG’s international-bound and out-bound cargo, owned by it or its contractors or subsidiaries, pending the hearing and determination of the motion for interlocutory injunction.

    The Federal Government and Global West had asked the court to vacate or discharge the ex-parte order on the ground that it was made against NIMASA, who is not joined as a party to the suit, and that full facts were not disclosed to the court in seeking the order.

    But Justice Idris struck out the Attorney-General’s application on the ground that it was filed outside the time permitted by the court rules.

    The court also dismissed Global West’s application on the ground that there was no suppression of any material fact, and that the company could be sued on behalf of its principal (NIMASA).

    Shortly after the ruling, NIMASA’s lawyer Wole Akoni (SAN) urged the court to reaffirm the ex-parte order.

    But Global West’s lawyer Abiodun Owonikoko (SAN) vehemently opposed the application. He urged the court not to be tempted to fall into such trap.

    Justice Idris ruled that since the defendants are challenging his jurisdiction to entertain the suit, he would deal with the issue first.

    He said: “The only jurisdiction I have now is to hear the objections of the defendants.”

    He adjourned till today for hearing.

    NLNG said the respondents “have caused their agents, privies and other third parties particularly NIMASA to brazenly disregard and flout the extant Interim Orders of this Honourable Court, per Idris J. made on 18th June.

    “On 21st June, 2012 at about 5pm, about 15 officers and men of the Nigerian Navy in two NIMASA patrol boats accosted NLNG Security Patrol Team at the NLNG waterfront and ordered the applicant’s vessel, LNG Imo and a chattered vessel, Torm Thames to remain at the NLNG loading bay while LNG Oyo should remain at the Bonny Channel until further notice,” the applicant said.

    NLNG said despite being aware of the order, the respondents and their agents, “particularly NIMASA”, issued ship detention orders dated June 21 against its vessels.

    “The respondent’s agent has procured the services of the Nigerian Navy to intimidate, harass, prevent and block the applicant’s vessel and is currently patrolling the applicant’s waterfront to carry out the respondents’ orders and ensuring that none of the applicant’s vessels approach or leave Bonny Channel without being detained.

    “The activities of the respondents are in disobedience of the orders of this Honourable Court made on 18th June, 2013.

    “As a consequence of the respondents’ activities, the applicant is being compelled to shut down its plant as it can no longer export its products…

    “If the respondents are not immediately committed for contempt, the integrity and sanctity of our judicial system will be seriously eroded,” NLNG said.

  • Police denies arrest of Nasarawa Attorney General

    The police in Nasarawa State on Friday dismissed reports of the arrest of the state’s Attorney-General and Commissioner for Justice, Alhaji Mohammed Abdullahi, over an alleged possession of arms and ammunition.

    The denial is contained in a statement signed by the command’s Public Relations Officer, Mr. Michael Ada.

    The statement said the story of the arrest of Abdullahi was false, malicious and mischievous.

    “The report is intended not only to smear the name of the Nasarawa State Attorney-General, but also to cause disaffection between the police and the Ministry of Justice,” the News Agency of Nigeria quoted the command as saying in the statement.

    It further urged the people not to use ICT as a means of destroying other person’s reputation or cause disaffection among the citizenry, but to apply it towards the development of the society.