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Tag: Federal Ministry of Justice

  • JUST IN: Tinubu signs instrument of clemency

    JUST IN: Tinubu signs instrument of clemency

    President Bola Ahmed Tinubu has signed instruments of clemency and pardon, completing the formal process of exercising his constitutional power of prerogative of mercy to grant relief to selected individuals convicted of various offences.

    According to a statement by the Special Adviser to the President on Information and Strategy, Mr. Bayo Onanuga, the move follows consultations with the Council of State and wide public opinion on the subject.

    However, the President ordered a comprehensive review of the earlier approved list, invoking his discretionary powers under Section 175 (1) and (2) of the 1999 Constitution (as amended). 

    The review led to the deletion of persons convicted of serious crimes such as kidnapping, drug-related offences, human trafficking, fraud, and unlawful possession or dealing in firearms.

    Others, previously listed for full pardon, had their sentences reduced or commuted.

    “The decision was guided by the seriousness and security implications of some of the offences, the need to respect the rights and feelings of victims, boost the morale of law enforcement agencies, and uphold Nigeria’s bilateral obligations,” the statement said.

    It added that the principle of justice as a “three-way traffic” — balancing the rights of the accused, the victim, and society — also informed the President’s careful approach.

    Read Also: You can’t influence North against Tinubu, Alawuje tells Atiku, Obi

    The approved list of eligible beneficiaries has been transmitted to the Nigerian Correctional Service for implementation in line with the duly signed instruments of release.

    In a structural reform accompanying the exercise, President Tinubu ordered the immediate relocation of the Secretariat of the Presidential Advisory Committee on Prerogative of Mercy from the Federal Ministry of Special Duties to the Federal Ministry of Justice.

    He further directed the Attorney-General of the Federation to issue new guidelines for future exercises, mandating compulsory consultation with relevant prosecuting agencies to ensure that only deserving persons benefit.

    Tinubu appreciated public engagement on the matter and reaffirmed his administration’s commitment to comprehensive judicial reforms and improved administration of justice in Nigeria.

  • FG denies report of $6.59b judgment by US court

    The Federal Government has faulted reports that a court in the United States has entered a default judgement affirming a $6.59 billion arbitral award against it and favour of a firm, Process & Industrial Development Limited (P&ID).

    The Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Dayo Apata, while speaking in Abuja on Tuesday, confirmed that the firm sued the Federal Government of Nigeria in a US District Court, but said no judgment has been given yet.

    Read Also:Ekiti: Court dismisses suit seeking to bar Fayemi

    Apata said the Nigerian government has taken the necessary steps to engage lawyers to handle the case on its behalf.

    He was however silent on the details of the dispute and what informed the suit brought against Nigeria by the private firm.

    Apata, who spoke on behalf of the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami, said: “no default judgment was entered against Nigeria in the enforcement proceedings by P & ID.

    “The Federal Government through its foreign solicitors, Messrs. Curtis, Mallet-Prevost, Colt & Mosle LLP, has commenced the process of challenging and defending the enforcement proceedings.

    “It needs be stated that what is being taunted as a default judgment was actually a default entry made by the Court Clerk. Under the Foreign Sovereign Immunities Act (FSIA), a defendant has up to 60 days period to answer to a petition filed against it.

    “Where no response is entered for the Defendant, the Court Clerk upon application by the petitioner makes a default entry, which in this case was made on 5th June, 2018.

    “It is to be noted that under the FSIA, a default judgment cannot be entered against a foreign State like Nigeria unless the presiding judge determines so after the petitioner/claimant must have established its entitlement to a default judgment.

    “Based on the presumption of sovereign immunity, the US District Court is still under obligation, despite default by a Foreign State, to determine whether the foreign state is immune from the jurisdiction of the US Court under FSIA or whether the case before it falls within one of the recognised exceptions.

    “Even where the court determines that it has jurisdiction, a default judgment will not be granted automatically or as a routine matter to be handled by a court clerk as this can only be done after a formal trial.

    “On 12th June, 2018 our foreign solicitors filed the necessary application to set aside the clerk’s default entry and to dismiss the entire case on grounds of defective service and lack of personal jurisdiction over Nigeria in line with the provisions of the FSIA.

    “We wish to re-assure the general public that there is no default judgment against Nigeria at the instance of P&ID.

    “We urge Nigeria’s foreign friends and investors to ignore the malicious reports.

    “The Federal Government is also making concerted efforts through legal and diplomatic channels to resolve the issues in contention between the parties in this matter,” Apata said.

  • NHRC to probe torture allegation against SARS

    …Seeks information from public

     

    The National Human Rights Commission has concluded plans for the probe of allegation of torture against men of the Special Anti-Robbery Squad (SARS) in South South and South Eastern parts of the country.

    NHRC’s Executive Secretary, Anthony Ojukwu made this public on Tuesday while speaking at an event put in place by his agency, the Federal Ministry of Justice and the Human Rights Agenda Network (HRAN).

    Ojukwu said the planned probe was informed by increasingly complaints of torture against officials of SARS in those parts of the country.

    He said probe which will take the form of public hearing on SARS in the South South and South East geo-political zones, is “due to the endemic nature of Torture in the operations of SARS in those areas.

    “It is hoped that members of the public and the police authorities will assist the commission and cooperate to curb the practice of torture by SARS and other security agencies and hence reduce the incidence of torture in our polity.

    “In this regard, the commission wishes to commend the President and Commander-in-Chief of the Armed Forces for signing into law the Anti~Torture Act of 2017.

    “The Commission also commends the Office of the Honourable Attorney General of the Federation (AGF) for putting together the draft guidelines for the implementation of the new legislation.

    Read Also:El-Zakzaky: Shi’ite Members Protest at NHRC Headquarters over Police brutality

    “This is a clear statement on the part of the Federal Government of Nigeria to outlaw torture in our polity. It is therefore recommended to law enforcement agencies to take a cue from this message of the Federal Government on this day and stop all further acts of torture.

    “l also call on all Civil Society Organisations (CSOs) to participate robustly in the discussions around adopting the guidelines for the implementation of the Anti-Torture Act 2017.

    “The commission uses this opportunity to call attention to it earlier directive on respect for human rights, while carrying out law enforcement duties as torture cannot be justified under any circumstance,” he said.

    The Attorney General of the Federation (AGF), Abubakar Malami (SAN) assured that the Federal Government was committed to curbing torture in the country.

    Represented by the Solicitor General of the Federation (SGF), Dayo Apata, the AGF said his office has, in line with its powers under the Anti-Torture Act, has drafted the rules and regulation for the effective implementation of the Act.

    The AGF added: “This rules and regulations have been drafted in such a manner as to give a simple appreciation of the Act. Key provisions have been repeated and clarified.

    “These should be no doubt about the commitment of the administration in ensuring that acts of torture are identified and penalised wherever and whenever they occur,” the AGF said.

    The Chairman, National Committee Against Torture (NCAT), Samson Ameh (SAN) urged all security agencies to shun acts of torture and abide by the provisions of the Anti-Torture Act.

  • FG urges court to return Kanu to prison

    FG urges court to return Kanu to prison

    …Counters IPOB boss’ request for variation of bail condition

     

    The Federal Government has urged a Federal High Court in Abuja to revoke the bail it granted leader of the pro-Biafra group, Indigenous People of Biafra (IPOB), Nnamdi Kanu and return him to prison.

    The government argued that Kanu has not only breached the conditions attached to the bail granted him on April 25 this year on health ground, he has allegedly conducted himself in manners that threaten public peace.

    It cited Kanu’s alleged threat that elections would not hold in South East states until the Fed Govt conduct referendum on whether or not Biafra should secede and instances where the IPOB leader addressed crowd exceeding 10 and threatened civil disobedience, as against the court’s directive that he must not be seen in a crowd of over 10 people.

    The government, in a counter-motion, dated August 1, 2017 filed by Magaji Labaran of the Federal Ministry of Justice, urged the court to dismiss an application by Kanu, seeking a review of the bail conditions.

    It noted that not only had Kanu met the bail conditions and was enjoying the bail, it was an affront to the court’s authority for the IPOB leader to approach the court for the review of the bail conditions, having allegedly breached the conditions.

    “The offence for which he (Kanu) is standing trial is not ordinarily bailable; the court, not withstanding, granted bail to the 1st defendant/applicant (Kanu) on health grounds on 25th April 2017.

    “Among other conditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people; that he should not grant any interviews, hold or attend any rallies; that he should file, in court, medical updates of his health status every month. The bail conditions were perfected by the 1stdefendant/applicant, which he is currently enjoying.

    “Rather than observing all the conditions listed above, the 1st defendant, in fragrant disobedience to the court order, flouted all conditions given by the court.

    “The 1st defendant equally incited his members to disrupt, disallow and boycott elections in South East states, starting with Anambra State gubernatorial election scheduled for November 18 if the Federal Government failed to hold referendum for the realisation of the state of Biafra.

    “The 1st defendant has already declared the bail conditions given by the court unconstitutional before approaching this court with the application for variation. Rather than showing remorse for his actions, the 1st defendant approached this court with an application for a review of the same conditions for the bail which he grossly flouted.

    “Considering the above, that the 1st applicant has violated the conditions on which the terms of his bail were premised, we urged this court to commit the defendant to prison by invoking the provision of Section 173(2)(B) of the Administration of Criminal Justice Act, 2015.

    “We categorically state that justice would have been denied the state by this court, if the state is not protected from the offences being perpetrated by the 1stdefendant/applicant, who is currently on bail,” the Fed Govt said.

    Kanu and four other suspected IPOB members – Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie – are being tried before the Federal High Court, Abuja on offences relating to conspiracy and treasonable felony.

     

  • AGF is not taking over high profile cases – Spokesman

    AGF is not taking over high profile cases – Spokesman

    The office of the Attorney General of the Federation (AGF) has allayed the fears being expressed in some quarters that it intends to take over high profile criminal cases from the prosecuting agencies currently handling them.

    Spokesman to the AGF, Salihu Isah told The Nation Wednesday that a recent letter from the Federal Ministry of Justice, requesting some prosecuting agencies to update the ministry with developments in such cases was not an attempt to take over the cases.

    He said such information was required by the National Prosecution Coordination Committee (NPCC) to enable it assess the state of the cases, plane and offer necessary strategic advice where necessary.

    Isah, who also act as the spokesman for the NPCC, which resides within the Federal Ministry of Justice, noted that the committee was empowered to seek such information from the various prosecuting agencies to enable it perform its responsibility of advising the AGF appropriately.

    He said: “The letter did not say they should hand over the cases to us. The committee wants to know the status of the cases so that they will know what to do to assist. It is not that we are taking over. The media appears not to understand what we are doing.

    “You should know that the Federal Ministry of Justice, being the supervisory Ministry for these prosecuting agencies, we deserve to know the status of these cases. So, that is what we want them to furnish the Ministry and the NPCC with information about the status of these cases,” Isah said.

    He also drew attention to a statement he issued late last year at the inauguration of the NPCC, explaining the responsibilities of the committee.

    Isah, in the statement issued last November, said the 19-man NPCC “is charged with ensuring the efficient, effective and result oriented prosecution of high profile criminal cases in the country.

    “The Committee is also to guarantee prompt contact and synergy between investigators and the prosecutors of high profile criminal cases, managing information to the public on such cases as well as to ensure strict compliance to the Administration of Criminal Justice Act (ACJA), 2015.

    “For its terms of reference, the NPCC is to advise the HAGF on the exercise of his prosecutorial powers in Section 150 and 174 of the 1999 Constitution, prepare the policy strategy document for the coordination of investigation and prosecution of high profile criminal cases in Nigeria and to also collate the list of such cases as well as assigning them to prosecution teams.

    “The Committee will scrutinize the proof of evidence and charges in high profile criminal cases in the country before arraignment. In addition, it will receive and analyse reports from the investigation and prosecution teams engaged to handle such cases.”

     

  • FG tasks Customs, NAFDAC others with GMO detection

    FG tasks Customs, NAFDAC others with GMO detection

    The Federal Government has tasked the Nigerian Customs Service (NCS), National Agency for Food and Drugs Administration and Control (NAFDAC) among other relevant regulatory agencies to partner with the Nigeria Biosafety Management Agency (NBMA) on Genetically Modified Organisation (GMO) detection.

    The Minister of State for Environment, Ibrahim Jubril said the collaboration became imperative to ensure the country does not become dumping ground for poisonous and Genetically Modified (GM) foods.

    Jubril said during stakeholders meeting organised by the NBMA, on Wednesday in Abuja that, “Now that modern biotechnology is becoming increasingly important to address emerging challenges with regards to food security and renewable energy demands …..with its perceived and real unintended consequences, we the regulatory agencies must unite with a sense of purpose, vision, mission and determination to ensure that our nation do not become a dumping ground for GM foods and feed nor shy away from reaping the benefits of the application of modern of modern biotechnology and use of GM foods and feeds.”

    Jubril, who was represented by the Director of Human Resources, Mr. Gabriel Oloto stressed that the teamwork would help in effective monitoring. He subsequently commissioned the NBMA GMO detection laboratory.

    Earlier, NBMA Director General, Dr. Rufus Ebegba said the meeting was designed to further partner with necessary MDAs, on the issue of biosafety.

    He listed other partnering regulatory agencies to include the National Agricultural Seed Council (NASC), Federal Ministry of Justice, Standard Organization of Nigeria (SON), National Agricultural Quarantine Service (NAQS).

    Ebegba said the NBMA was mandated to regulate GM commodities before being allowed into the country for safety reasons, thus need for the collaboration to achieve greater success on biosafety.

    “Modern biotechnology is the movement of genes to transfer traits of beneficial interests. We have a law and that will serve as our guide for our operations. So we will not encroach on each other’s responsibilities but we will seek collective efforts in areas of support,” he added.

    Speaking on the GM detection lab, the DG said with the standard of technologies in the laboratory, the NBMA can detect the smallest element of GM.

    He restated that the facility would help to ensure whatever GM crop imported into the country is well tested and analysed, as the country cannot allow uncertified GM commodities escape into the market.

     The African Coordinator, Program for Biosafety System (PBS), Dr. Matthew Dore, in his remark described the meeting as a platform to discuss and analyse legal mandate of NBMA and the government agency as they impact the commercial release of GM crops.

    “It is important to discuss the areas of collaboration to overlap in the biosafety decision-making process and define future steps and mechanisms to establish a coordinated regulatory framework,” Dore stated.