Tag: Fagbemi

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) has said the Federal Government was working to recover the cost of prosecuting the case between it and an Irish firm, Process and Industrial Development (P&ID) Ltd in the United Kingdom court from the company.

Fagbemi said it was the entitlement of the Nigerian government having successfully prosecuted the case and won in the UK court.

The AGF disclosed that the country has recovered $210million in award and deposited bond in a UK court towards its defence of the $11 billion arbitral award got against Nigeria by P&ID.

He spoke in Abuja on Thursday evening while recieving, in his office, a team of lawyers who defended the country in the UK court, led by Ms.Shaistah Akhtar.

Fagbemi bailed the efforts of the UK lawyers and a former Director of Legal Services at the Central Bank of Nigeria (CBN) Kofo Abdulsalam-Alada in the victory recorded by the country in the case.

He added: “The P&ID case presented an unprecedented challenge, threatening to impose a colossal financial burden on the Nigerian people.

“It was a complex and arduous battle, demanding meticulous preparation, astute legal argumentation, and an unwavering commitment to uncovering the truth.

“This victory is not merely a legal triumph; it is a powerful message to the world that Nigeria will not be exploited and that justice will prevail,” Fagbemi said.

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Ms. Akthar, who was accompanied by Ms. Lydia Allaby, further explained that the $10m paid was to Nigeria from the $20m awarded in favour of the country after P&ID lost the case.

She added that the outstanding $10m is a subject of a pending legal challenge by P&ID.

Ms. Akthar noted that the Nigerian case was among a few of such successful challenges against arbitral award cases.

Abdulsalam-Alada, who retired from the CBN on Thursday, acted as the National Coordinator of the Fed Govt’s Legal and Investigation Team in the case.

He hailed President Bola Tinubu and Fagbemi for refusing to negotiate with those behind the P&ID.

Abdulsalam-Alada said 24 hours before the judgment, delivered on October 23, 2023, pressure was still on the AGF and the President to settle out of court.

“Fagbemi and the President rejected the pressure. This has put an end to similar fraudulent transactions that seek to take Nigeria for a ride,” Abdulsalam-Alada said.

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi and his counterpart in the Ministry of Interior, Olubunmi Tunji-Ojo have urged a Federal High Court in Abuja decline jurisdiction over a suit challenging the implementation of the Federal Government’s Expatriate Employee Levy (EEL).

Fagbemi and Tunji-Ojo made the request in the preliminary objections they filed against the suit, marked: FHC/ABJ/CS/1780/2024.

They queried the locus standi (the right to sue) of the plaintiff – the Incorporated Trustees of New Kosol Welfare Initiative – and argued that it failed to establish any cause of action against them.

In his objection, the Interior Minister described the suit as “academic or hypothetical,” and argued that there is no cause of action against him in the suit.

“There is no lis between the plaintiff and the 1st defendant (Tunji-Ojo) on record,” he said.

He stated, in a supporting affidavit, that the EEL is a financial charge imposed by the Federal Government on companies that employ foreign workers.

The Minister said the EEL is intended to regulate the employment of expatriates, encourage the hiring and development of local (indigenous) talent and generate revenue for national development projects.

He stated that the levy would ensure that companies prioritise and invest in local workforce development while also providing funds that can be allocated to various socio-economic initiatives.

The minister added that EEL was approved by the Federal Executive Council in 2023 and in February 2024, President Bola Tinubu launched the handbook on its implementation.

He stated that following consultations with stakeholders and companies with high volume of expatriate employees in Nigeria, the President ordered that the implementation of the project be suspended.

The minister said that the implementation of the policy has been suspended since March 2024, adding that it had not been launched nor has the Fed Govt informed the public about the implementation of tax as erroneously claimed by the plaintiffs.

He added that, as against the its claim, the plaintiff has no evidence to prove that the Interior Ministery or the Nigerian Immigration Service (NIS) is to commence full implementation of the alleged EEL

The plaintiff made a counter argument in its response and urged the court to reject the objections raised by both ministers and assume jurisdiction over the case

In its supporting affidavit, the plaintiff stated that the Federal Government, on February 27, 2024  unveiled the EEL.

It added: “According to KPMG and other online information analysts and dissemination agencies, the Federal Government intends to compel all companies and organisations who engage the services of foreign expatriates to pay the EEL as follows: For every expatriate on the level of a director is to pay $15,000.00 while  every expatriate on a non-director level is expected to $10,000.00

The plaintiff stated that the Federal Government also planned additional regulations consisting of penalties and sanctions for non-compliance with the proposed taxation regime.

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It added that under the arrangement, inaccurate or incomplete reporting will attract five years’ imprisonment and/or N1m, while failure of a corporate entity to file EEL within 30 day is to attract a penalty of N3m; failure to register an employee within 30 days will also attract N3m, while submission of false information will attract N3m.

The plaintiff stated that the penalty for failure to renew EEL before its expiry date by an organisation is N3m.

It added: “The proposed taxation regime is totally an anti-people policy because of its radical effect on different aspects of the Nigerian economy and it works like a choke-hold against the economic growth of the nation.”

At the mention of the case on Monday, plaintiff’s lawyer, Paul Atayi, said although the business of the day was for the hearing of the preliminary objection filed by the AGF, the Interior Minister has not made any appearance despite being served with court documents.

Atayi said he has responded to the objection filed by the AGF.

Justice Inyang Ekwo, however, told the lawyer that the Interior Minister has also filed an objection, which Atayi said has not been served on him.

Justice Ekwo advised Atayi to apply to the court’s registry in order to get the copy and respond appropriately so that the case could be heard promptly.

The judge adjourned till May 7 for the hearing of the objections filed by the AGF and Interior Minister.

Attorney-General of the Federation (AGF) and Justice Minister Lateef Fagbemi (SAN) has said the Federal Government under President Bola Ahmed Tinubu is not interfering with the independence of the National Human Rights Commission (NHRC).

Fagbemi said this while inaugurating the Kebbi State office of NHRC in Birnin Kebbi, the state capital.

He said: “I am happy to say that since inception of this administration, the government has not interfered with the independence of the NHRC.

“This administration believes in the promotion and protection of the human rights of Nigerians.

“The administration is, therefore, determined to provide an enabling environment for the commission to effectively discharge its mandate to protect the rights of Nigerians and persons living in Nigeria.”

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Fagbemi noted that the inauguration of the Kebbi State office of the NHRC would further entrench the operational independence of the commission.

The minister said the new office was the Federal Government’s bold statement towards supporting the commission and to protect the rights of Nigerians.

“The Federal Government will support the commission in its efforts to own its offices nationwide to further entrench its independence and strengthen its strive to protect the rights of Nigerians,” he said.

The chairperson of NHRC’s Governing Council, Dr. Salamatu Suleiman, said the commission embarked on the construction and completion of nine new offices with the support of the Budget Office of the Federation and National Assembly in 2019.

“The Kebbi State office, being inaugurated today, was among those awarded so far, while the others will be awarded as funds become available.

“It is the appeal of the commission that the National Assembly and the Budget Office should appropriate more funds to help further realise its mandate of providing adequate protection to Nigerians when their rights are violated in any state.

• Minister inaugurates NACS Ministerial Committee

The Attorney General of the Federation (AGF) and Justice Minister Lateef Fagbemi (SAN) has listed a number of steps that fellow Nigerians can take to ensure the success of Federal Government’s anti-corruption initiatives and related vices.

Fagbemi noted that “confronting the issue of corruption requires a collaborative approach in order to guarantee any meaningful impact”.

The AGF said there is a need for enhanced enlightenment to enable relevant government agencies, ministries and departments (MDAs) understand their roles under the National Anti-Corruption Strategy (NACS).

Fagbemi spoke yesterday in Abuja while inaugurating the NACS Ministerial Committee.

The AGF highlighted the negative impact of corruption on the nation’s development, saying: “As you are aware, corruption is one of the formidable challenges to the attainment our national development goals.

“It undermines trust in public and private institutions, distorts resource allocation and incapacitates our ability to provide effective and efficient service delivery.

“It is in a bid to curb this menace that the NACS Ministerial Committee was established.”

Fagbemi named members of the committee to include himself, as the Chairman, and the ministers of Finance, Interior, Foreign Affairs, Information and National Orientation, Women Affairs, and Communications, Innovation and Digital Economy, as other members.

The AGF also named other members of the committee as: the Head of the Civil Service of the Federation (HoCSF); Chairman of the Senate Committee on Anti-Corruption and Financial Crimes; Chairman of the House Committee on Anti-corruption and Financial Crimes; and representative of Secretary to the Government of the Federation (SGF) not below the rank of a Permanent Secretary.

Fagbemi explained that the role of the committee is not only fundamental to achieving the NACS objective “but also safeguarding our democracy, strengthening governance and promoting sustainable economic growth of our nation”.

He added: “The NACS is in tandem with the anti-corruption stance of the Administration of President Bola Ahmed Tinubu, which aims at eradicating corruption whilst strengthening the effectiveness and efficiency of various anti-corruption agencies.

“It is in line with this administration’s agenda that the NACS Ministerial Committee was selected. I must reiterate that our role as a committee is of immense importance and essential to the achievement of the NACS vision and mission.

“In other to ensure successful implementation, NACS has adopted the top to bottom approach, allowing the heads of relevant agencies to be drivers of the policy within their sectors and to also allow for cross-evaluation of implementation.

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“Under NACS, the distinguished members of this committee are therefore responsible for facilitating the Anti-corruption Funding Framework (AFF) and the development of sector-specific strategies for the implementation of NACS.

“This is of critical importance because there is an observed lack of knowledge and misinformation on the part of most agencies as to their expectations in the implementation of the NACS policy.

“Most agencies are uniformed or do not understand the purport of the policy and what is expected of them in its implementation.

“The honourable ministers and distinguished members of the NACS Ministerial Committee are, therefore, expected to drive critical understanding and implementation of NACS within their sectors.”

The AGF urged members of the committee to give their full support and commitment to the responsibilities arising from our nomination.

Fagbemi added: “We must contribute our quota at institutionalising accountability and transparency to ensure access to equitable opportunities for all citizens.”

He explained that the implementation of the NACS and its Action Plan were expected to be carried out under the following headings:

* Strengthening the legal and institutional framework designed to prevent and combat corruption.

* Mainstreaming anti-corruption principles into governance and service delivery, and

* Mainstreaming anti-corruption into sub-national public administration.

The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, has assured that the present administration will fight corruption to a standstill.

He said corruption will not be legitimised in the country, but will be fought with all means possible.

Fagbemi gave the assurance on Monday in a keynote address at a one-day National Policy Dialogue on “Anti-Corruption Performance in Nigeria (1999-2024) Successes and Challenges”, organized by the Centre for Media Policy and Accountability (CMPC), in Abuja.

Represented by Rotimi Oyedepo (SAN), the AGF emphasized that corruption was a major obstacle to national development.

He said: “It was a former president of this country that said that if we don’t kill corruption, it will kill Nigeria. The Supreme Court has adopted this sentence in its recent decision that was handed down two weeks ago where the Supreme Court pronounced the legality of the Independent Corrupt and Other Offences Commission (ICPC), Economic and Financial Crimes Commission (ICPC), and the NFIU.

“The Convener of this event said during his opening remarks had told us that one of the anti-corruption agencies made a giant stride in the recovery of over 700 units of properties in Abuja recently. And that while this is commendable the convener was of the view that their partners in other jurisdictions may look at that as the presence of corruption in our domain.

“Permit me to say that there is no nation in the world that is free of corruption. What is important is does the system condone it? Does the system try to nip it in the bud? What I can say is that in Nigeria corruption will not be legalized. In Nigeria, corruption will be fought to a standstill.”

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Fagbemi said his office was planning a National Anti-Corruption Policy focused on the prevention of corruption in order to reduce enormous resources that were usually expended for the investigation and prosecution of corruption cases.

The AGF urged anti-corruption agencies to not only discharge their statutory mandates of investigating and prosecuting corruption but also tell their success stories to the public.

 “You must ensure that your activities are well captured and the public are well informed,” he said.

In his remarks, the Director of MacArthur Foundation West Africa, Dr. Kole Shettima, said the foundation was committed to contributing to Nigeria-led efforts to fight corruption.

“We truly believe that corruption is a national problem and only the national institution and the people that can lead the process,” he said.

He urged the media to not only expose corruption issues in the country but to also tell positive stories about government efforts to fight corruption.

The Executive Director of CMPA, Dr. Suleman Suleman, said: “National Policy Dialogue on Anti-Corruption Performance in Nigeria: Successes and Challenges” was a major part of our Nigeria Anti-Corruption Performance Public Reporting project, funded by the MacArthur Foundation.

He said: “The NAPPR project, as we call it, seeks to strengthen how Nigerian anti-corruption agencies report their performance to themselves and the Nigerian and global public. It also seeks to strengthen how civil society organizations and the media monitor and report the performance of the anti-corruption agencies, particularly the EFCC, ICPC, and CCB.”

The Chairman of ICPC, Dr. Musa Adamu Aliyu, emphasized the need for effective collaboration between the various anti-corruption agencies in the country.

He said effective collaborations among the agencies could save time and resources in investigating and prosecuting corruption cases.

Aliyu also emphasized strong collaboration between the federal anti-corruption agencies and the sub-nationals to rid the country of the vices

He said: “We also need the media to help tell our stories in better ways. The media should not focus on when we make recovery of proceeds of crime or convictions, it should tell the public about all our efforts, especially in the areas of prevention.”

• Panel members to update laws sharpen skill at four-day retreat

The Minister of Justice and Attorney General of the Federation (AGF), Chief Lateef Fagbemi (SAN), has said the nation’s laws are outdated and need to be urgently reviewed.

The AGF noted that the review would enable experts to capture the emerging issues on socio-economic realities for the greater interest of all Nigerians.

Fagbemi spoke in Ikogosi-Ekiti at the opening of a four-day retreat for members of the committee for review of outdated Nigerian laws organised by the Federal Ministry of Justice.

The minister noted that the current laws, which were last reviewed in 2004, have lost their merits when applied to the current realities in the country.

He said there were several lapses in the existing laws which needed to be urgently reviewed to align with international best practices.

Fagbemi said the laws, when overhauled, would not only engender socio-economic growth and development but would also attract foreign investment into the country.

He said: “The issue of implementation is there when it comes to reviewing laws because the laws become obsolete. In updating the laws, you now talk of the lapses that are inherent in the previous laws or the ones you are reviewing.

Read Also: FG committed to addressing challenges in justice system, says AGF Fagbemi

“A number of factors are responsible for poor implementation. There are loopholes in some, and when they are not implemented to the spirit of the legislation, they will require bringing the laws up-to-date.

“To attract foreign investment generally, you need to update your laws to the standard that is known worldwide, which comply with the international best practices of laws in other countries.

“These are some of the reasons that made us to set up this panel to come up with the idea of reviewing law.”

The Chairman of the Nigerian Laws Review Committee, Olawale Fapohunda (SAN), said the retreat was organised to fine-tune the strategies towards achieving the mandate of reviewing the outdated laws within the stipulated timeline.

The former Commissioner for Justice and Attorney-General of Ekiti State noted that the review of the existing laws was necessary to match up with the global standards.

He said: “The laws of the federation have not been reviewed since 2004. A lot of things have changed since the world is evolving and not static.

“ICT, socio-economic growth is no more the same. We will be able to articulate those laws that make sense and the ones that should no longer be in the laws.

“The task is enormous because we have over 400 laws. We are working within a limited timeframe to review, update and consolidate the laws of the federation.”

Minister of Justice and Attorney General of the Federation, Lateef Fagbemi, SAN has declared that the country’s laws are outdated.

Fagbemi said that the existing laws urgently needed to be comprehensively reviewed to capture the emerging issues and socio-economic realities for the greater interest of all Nigerians.

He spoke in Ikogosi-Ekiti at the opening ceremony of “a four-day retreat for the members of the committee for review of outdated Nigerian laws organised by the Federal Ministry of Justice.

The Minister lamented that the current laws, which were last reviewed in 2004 have lost their merits when applied to the current realities in the country.

He noted that there are several lapses in the existing laws, which as a matter of urgency, needed to be reviewed in order to align with international best practices.

He added that the laws when overhauled, would not only engender socio-economic growth and development but also attract foreign investment into the country.

He said: “The issue of implementation is there when it comes to reviewing laws because the laws become obsolete. In updating the laws, you now take off the lapses that are inherent in the previous laws or the ones you are reviewing.

“A number of factors are responsible for poor implementation, there are loopholes in some and when it’s not implemented to the spirit of the legislation, it will require bringing the law up to date.

“To attract foreign investment generally, you need to update your laws to the standard that is known worldwide, which comply with the international best practices of law in countries.

“These are some of the reasons that made us set up this panel to come up with the idea of reviewing law”, he added.

The chairman of the Nigerian Laws Review Committee Olawale Fapohunda, SAN said the retreat was organised to fine-tune their strategies towards achieving the mandate of reviewing the outdated laws within the stipulated timeline.

Read Also: FG committed to addressing challenges in justice system, says AGF Fagbemi

The former Commissioner for Justice and Attorney-General of Ekiti State noted that the review of the existing laws was necessary to match up with the global standards.

He said: “The laws of the federation have not been reviewed since 2004 and a lot of things have changed since the world is evolving and not static.

“ICT, socio-economic growth is no more the same. We will be able to articulate those laws that make sense and the ones that should no longer be in the laws.

“The task is enormous because we have over 400 laws. We are working within a limited timeframe to review, update, and consolidate the laws of the federation.”

The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi has faulted report that a US District Court has authorised one Louis E. Williams to seize $21 million from Nigeria’s account with JP Morgan.

Fagbemi, in a statement late on Wednesday, explained”at no time did the US District Court authorize the seizure of funds belonging to the Nigerian Government in the custody of JP Morgan.”

The statement, signed by the AGF and released by the Federal Ministry of Justice, reads in part: “The ministry wishes to set the record straight regarding an inaccurate publication by Peoples Gazette and others alleging that a US District Court has authorized a certain Louis E. Williams to seize $21 million from Nigeria’s account with JP Morgan.

“We wish to note from the report, similar inaccurate publications by Peoples Gazette on 21 August 2023 under the cover: ‘UK Court authorizes SSS victim Williams Emovbira to seize $21 million from CBN account with JP Morgan in New York.’

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“None of the media outlets that syndicated the story sought the reaction of the Nigerian government. Indeed, the Ministry challenges these media outlets to publish a copy of the US Court order authorizing the said seizure.

“The Ministry hereby clarifies that at no time did the US District Court authorize the seizure of funds belonging to the Nigerian Government in the custody of JP Morgan.

“The court only refused Nigeria’s preliminary motion to dismiss the complaint against her on ground of sovereign immunity.

“The implication of the decision rendered on 12 August 2024 is that the case would now proceed to substantive hearing on the merit wherein parties are required to present evidence and legal submissions in support of their case before the court will issue a final decision. It is pertinent to state that Nigeria has filed an appeal against the interlocutory decision in issue.

“Nigeria has launched robust legal defences/challenges in the UK and US courts against Williams’ claims, including by launching proceedings against him for fraud and therefore remains quite confident and optimistic that his attempts to strong arm the Nigerian government will come to naught.”