Acting President Yemi Osinbajo on Wednesday met behind closed doors with the acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.
Magu arrived the Acting President’s office around 2.28p.m.
The meeting was still in progress at the time of filing this report.
Details Later…
The most senior Director in the Department of State Service (DSS), Matthew Seiyefa, the Acting Director General on Tuesday met with Acting President, Yemi Osinbajo at the Presidential Villa, Abuja.
Seiyefa, from Bayelsa State arrived the Presidential Villa in an official SUV at 4pm, clutching a file and was received at the entrance by the ADC to the Acting President.
Shortly after, the Acting Chairman of the Economic and Financial Crime Commission (EFCC), Ibrahim Magu, also arrived, and walked briskly into Osinbajo’s office.
Magu, however was seen rushing out at about 4:40pm.
Seiyefa, who came out of the Acting President’s office around 5p.m, left the Villa in another car.
He was shielded from journalists.
President Muhammadu Buhari on Friday said over 278 convictions of corrupt officials have been secured by the Economic and Financial Crimes Commission (EFCC) between 2017 and first quarter of 2018.
The President made the disclosure in a message to the passing out parade of 314 cadets of the EFCC Detective Superintendent Course 7 for 2017/2018, held at the Nigerian Defence Academy, Kaduna.
Buhari, who was represented by the Inspector General of Police, Mr Ibrahim Idris, said 189 convictions were secured in 2017 and 89, including that of a Senior Advocate of Nigeria in the first quarter of 2018.
He congratulated the cadets for successfully completing their 13 months training and admonished them to be courageous in dealing with corrupt officials.
Buhari cautioned them to be upright, adding that “being officers of the EFCC does not confer immunity on you against arrest or prosecution as the only currency that can buy the career you seek in the EFCC is integrity, professionalism and resistance to corruption.”
He said that they must, therefore, live above board, resist all temptations, be contented with their salaries and allowance, or be haunted down and prosecuted.
The president also advised them to conduct investigations that are evidence laden and capable of gaining conviction in courts.
Buhari commended the Acting chairman of EFCC, Ibrahim Magu for the achievements recorded in the fight against corruption, adding that for the first time, the nation is witnessing the trial of judges, senior lawyers, serving and retired officers and former ministers.
NAN reports that four cadets: T. E. Anene, T. M. Barigari, C. E. Opkara and H. A. Akigwa were recognized for exceptional performance during the course.
As a sort of New Year gift to the online media community, Nigerian security agents arrested Tim and Daniel Elombah, the publisher and editor of elombah.com, for allegedly publishing a content the police hierarchy considered offensive. That would not be the first time a journalist or publisher would be arrested for publishing content online in Nigeria. In the last few years, several citizens have been illegally detained for online content some powerful individual or institutions found “offensive”. For instance, a popular blogger Abusidiqu was arrested in 2016 by operatives of the Economic and Financial Crimes Commission (EFCC), a law enforcement agency in Nigeria. According to a source, Abusidiqu’s arrest was connected to his posts on EFCC Boss, Ibrahim Magu. According to the spokesperson of the Agency, Abusidiqu was arrested for offences bordering on cyberstalking.
The attack on free speech online is unfortunately not limited to Nigeria, too many other African countries are in the same boat of repression as Nigeria. From Egypt to The Gambia, from Cameroon to Kenya, citizens and journalists alike are not safe from the wrath of those in power when critical content is published online. Last February, Gambian police arrested a university lecturer and kept him in overnight detention for questioning the president’s ability to maintain national security in an interview. In April 2017, a Ugandan university teacher and social media critic of the Ugandan government, Stella Nyanzi was arrested and detained for insulting the President Yoweri Museveni. The list of victims of flagrant abuse of the right to free speech online is simply endless. While the digital space has democratised access to information and information dissemination means, governments and powerful individuals in Africa continue to put unnecessary hurdles in the way of progress.
In Nigeria and Egypt, the national governments have asserted its power to restrict access to websites they consider subversive without judicial oversight. This power that is unknown to the law, at least in Nigeria, was behind the restriction of access to some twenty websites in Nigeria, including the popular news site, naij.com, last year. Egypt is the clear leader in this department as it has permanently restricted access to over four hundred websites. Across the continent, we find obnoxious laws or policies that not only impact negatively on citizens’ rights but threaten the health of democracy and exchange of ideas. Tanzania, for example, recently introduced a regulation that would require bloggers to pay $900 every year as some sort of license fee. This regulation, if allowed to be implemented, will effectively shut down the country’s burgeoning online media space. A couple of days ago, Burundi Media Regulator suspended the online commentary column of Iwacu newspaper, for 3 months. According to the Director of the Newspaper, “the column is known to be a platform for criticism over government’s action, the country’s situation by Burundians irrespective of where they live.” Also, the online weekly newspaper Iwacu is said to be one of Burundi’s few remaining independent media outlets since 2015, when the country’s radio stations were shut down on President Pierre Nkurunziza’s orders.
Free speech online is not the only digital right that has been under attack in Africa. Access to internet service has been under severe attack. Cameroon has repeatedly shut down internet services in the Anglophone regions of the country in a futile bid to scuttle protests against the government. In fact, in 2017, the internet was off in parts of Cameroon for almost as many days as it was on. For many people on the continent, activities such as elections, public examinations and protest could mean comprehensive internet blackout. Ethiopia, Togo, Somaliland and Cameroon are just some of the countries that have shut down the internet in the last two years. Social media and messaging platforms including WhatsApp, Facebook Messenger, and Viber have been are currently blocked in Chad amid political tension. This is not the first time this year. Chad ordered an Internet shutdown in response to national protest action backed by trade unions and civil society organisations using social media. According to a report released by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) last year, Internet Shutdown has cost Sub-Saharan African up to US$237 million since 2015. This is to highlight the economic implications of the trend of digital rights violation in Africa.
The persistent attacks on digital rights and the poor policy framework for rights protection have led to civil society efforts geared towards resisting and ultimately correcting the sad situation. One of such efforts is the Internet Freedom Forum. For the last six years, Nigeria has hosted the pan-African forum, dedicated to conversations on internet freedom on the continent. The Forum is convened by Paradigm Initiative and supported by organisations including Microsoft, Google, Ford Foundation, Premium Times and The Guardian. The Forum brings together experts from various African countries to discuss the state of digital rights and internet freedom on the continent, and evolve effective solutions to problems confronting rights online. For instance, the 2014 edition of the Forum gave birth to a Digital Rights and Freedom Bill that was recently passed by the Nigerian legislature and is currently being studied in other countries for possible replication. The Internet Freedom Forum provides a veritable platform for Internet stakeholders in Africa and those whose work focuses on Africa to discuss and proffer solutions to the challenges. It is a meeting point for government, civil society, journalists, open web advocates and other Internet stakeholders.
The 2018 edition of the forum is scheduled to hold from April 24 to April 26 in Abuja. The Forum could not have come at a better time in 2018 as many African countries including Cameroon, Zimbabwe and Mali are preparing for elections. Election periods constitute a vulnerable period for digital rights as governments leverage the periods to curtail citizens’ rights online. The forum also comes at a time when the Facebook-Cambridge Analytica scandal is at the centre of conversations globally and most importantly the revelations of the data analytics company’s attempt at shaping previous elections in Kenya and Nigeria. Clearly, delegates will have their hands full discussing better methods of protecting digital rights not only from the antics of government but also from businesses with less-than-ideal data privacy culture. All lovers of human rights must turn their attention to the Forum in Abuja as it is where African experts and advocates would have their say on issues confronting digital rights in Africa and evolving and strengthening Africa-led initiatives towards entrenching digital rights on the continent.
Sodiq Alabi and Boye Adegoke are digital rights advocates with Paradigm Initiative.
The Economic and Financial Crimes Commission ( EFCC ) says it is committed to judicial precepts in the discharge of its functions as anti-corruption watchdog.
Its Acting Chairman, Mr Ibrahim Magu, stated this in Enugu on Monday, according to a statement by the commission’s spokesman, Mr Wilson Uwujaren.
Uwujaren said Magu spoke when he paid a courtesy visit to the Chief Judge of Enugu State, Justice Ngozi Emehelu, in Enugu.
“We are here to thank you for all your support and also to solicit for more, knowing that we are not above board and will constantly need directions and guidance in the work we do.
“The judiciary is instrumental to the Commission’s achievement, and your support is highly needed for continued success.
“We do not claim monopoly of knowledge, and we are seeking not just your support but also that of Nigerians to do the needful so that the country will move on positively,” Magu was quoted as saying.
Responding, Justice Emehelu expressed delight at the visit of the EFCC boss whom she described as a formidable and hardworking man.
She assured her guest that the judiciary was poised to support EFCC in its “commendable efforts at eradicating corruption from the country”.
“The work we do and yours are very similar because they are service and public oriented jobs that call for closer synergy between not just the EFCC and the judiciary but also among other law enforcement agencies.
“We are ready and willing to support you but on the basis of mutual respect.”
Describing the judiciary as the balance between the legislature and executive, the chief judge said the need for speedy trial of criminal cases could not be over-emphasised.
The judiciary, according to her, is committed to effective justice delivery and speedy determination of cases.
Magu later addressed personnel of the Enugu zonal office of the commission during which he urged them to see their official assignment as a divine call to serve humanity.
He advised the staff to jealously protect the integrity of the EFCC by shunning underhand dealings.
“You must be committed to your work and not mind the temptations because we will not spare anyone who is corrupt.
“You cannot be fighting corruption and be corrupt,” he said, according to the spokesman.
Uwujaren said Magu’s working visit to the South-East began on Saturday with a meeting with members of the EFCC/CSO/Labour Coalition.
NAN
Yola was on Monday wearing a new look ahead of President Muhammadu Buhari’s visit to the state on Tuesday.
The President will inaugurate various projects and present an address at the opening of the state maiden Anti-Corruption Summit.
Majo streets in the capital city were decorated with new paint and bill boards welcoming the president.
Deputy Governor Martins Babale who is the Chairman, Organising Committee for the visit, said all necessary arrangement had been concluded to receive the President.
“President Muhammadu Buhari has accepted to come here personally to declare the summit open, this is indeed historic for both Adamawa State and Nigeria as a country,” he said.
He said the event, with the theme `Performance Based Governance: Transparency, Accountability and Social Value,’ would be chaired by Alhaji Ahmed Joda.
Acting Chairman of the EFCC, Ibrahim Magu and ICPC Chairman, Prof, Bolaji Owasanoye are expected to make presentations, while the Secretary to the Government of the Federation, Mr Boss Mustapha would be the lead discussant.
Meanwhile, the Adamawa Police Command has announced restriction of movement by motorists on some streets during the President’s visit.
A statement by the command spokesman, Othman Abubakar said the measure was to allow for free flow of traffic for the presidential convoy.
The Economic and Financial Crimes Commission (EFCC) was able to recover crime – related funds amounting to N473b in addition to $98,258,124.97; £294,851.82; €7,247,363.75; 443,400 Dirham and 70,500 Rand, the Commission’s acting Chairman, Ibrahim Magu has said.
Magu also confirmed that identified whistle blowers, including the Osborne Towers, Ikoyi whistle blower were being paid timely to encourage other Nigerians buy into the policy.
During the course of 2017, the Commission also succeeded in securing final forfeiture of the Osborne Towers, Ikoyi cash of $43m as well as N32b; $5m recovered from a former Petroleum Resources Minister and N449m discovered at Legico Plaza in Victoria Island, Lagos, he said.
While defending the Commission’s 2017 budget before the Kayode Oladele-led House of Representatives Committee on Financial Crimes yesterday, Magu said the $43m Osborne Towers cash got forfeited to the Federal government because no one came forward to claim it.
The Committee had asked Magu whether the Osborne cash was ever traced to anyone.
In response, Magu explained that the document recovered from the property from where the money was recovered showed that it belonged to a company owned by the wife and son of a former Director General of the National Intelligence Agency (NIA).
However, after due diligence and no one coming forward to calm it, the court had to pronounce it’s final forfeiture, he said.
Among other recoveries and forfeitures from proceeds of crime, Magu said over N329b was recovered from petroleum marketers by the Kano office of the Commission; withholding tax recovery of over N27.7b from banks; €6.6m recovered from Nigerian Ports Authority (NPA); recoveries of about N1.1b on behalf of AMCON; and recovery of subsidy fraud funds of over N4b.
Magu however reiterated government commitment to the whistle blowing policy, saying, promised incentives are being paid timely.
Saying that the Ikoyigate whistle blower has also been paid, Magu noted the payment policy was meant to encouraged more Nigerians to join in the campaign against corruption.
On the 2017 budget implementation, the EFCC boss complained of delay in fund releases which he said affected operations of the Commission
“Delayed and irregular release of the overhead component of the recurrent vote affected the commission’s investigation and prosecution activities especially in the Zones.
“Out of the total sum of total sum of N17,202,253,360 appropriated in 2017, only N11,737,492,342.07 or 68 percent has so far been released out of which N9,759,277,008.53 has been utilized.
“From the sum of N7,127,316,354 appropriated for Personnel, N6,533,373,324 was released; from N3,000,713,298 appropriated for Overhead only N1,667,007,163.70 has been released while from N7,074,223,708 appropriated for Capital expenditure, only N3,537,111,853.87 was released to the commission so far,” he added.
He also complained that the Commission’s 2018 budget proposal of N45b was reduced to about N21b, which is capable of hampering the activities of the Commission for the year.
Magu also informed the Committee that Nigerian Financial Intelligence Unit (NFIU) has been granted autonomy.
“In the course of the outgoing financial year, the NFIU was granted self-accounting status by both the Office of the Accountant General of the Federation and the Budget Office. Effective date of implementation is 1st January, 2018 with a budget proposal of N2.903b,” he said.
Of the sum, N339.350m was proposed for Personnel cost; N22.500m for meals and refreshment to cater for numerous sub-regional, national and internal meetings while N26.500m was proposed for publicity and advertisement for stakeholders in the financial sector.
Former Pension Reform Task Team (PRTT) Chairman Abdulrasheed Maina has sued Chairman of the Economic and Financial Crimes Commission Ibrahim Magu and the agency for alleged defamation of character.
The suit dated January 15 and filed on his behalf by his counsel, Mr. James Onyilo, before a High Court of Justice, Lafia, accused Magu of granting media interview, which were slanderous, untrue and malicious.
In the writ of summons, Maina’s counsel asked the court for a declaration that the interview granted by Magu on November 30 and December 14, 2017 were defamatory, injurious and intended to lower the reputation and integrity of the plaintiff in the estimation of right-thinking members of the society and brought him to public ridicule, odium, contempt and derision.
He asked the court to order the defendants to retract and publish an apology to the plaintiff in at least three daily newspapers within seven days from the day of the judgment.
Maina urged the court to restrain the EFCC boss from making comments considered defamatory to him.
He asked for an order directing the defendants to pay jointly and severally N10billion as damages for the publications.
In the statement of claim, Onyilo said: “The 1st defendant (Magu), who has a personal score and vendetta to settle with the plaintiff using the instrumentality of the 2nd defendant (EFCC), maliciously embarked on a campaign of calumny against the plaintiff.”
Senior lawyers yesterday expressed different views on the status of Ibrahim Magu as Acting Chairman of the Economic and Financial Crimes Commission ( EFCC ) following yeaterday’s judgment of a Federal High Court in Abuja.
Justice J. T. Tsoho said the senate acted within the law when it screened and rejected Magu’s nomination as EFCC chairman.
Prof Itse Sagay SAN, Seyi Sowemimo SAN, Festus Keyamo SAN and Nigerian Bar Association ( NBA ) Vice President Monday Onyekachi Ubani offered their thoughts pending when they read the full judgment.
Sagay said: “I don’t expect that the judgment will have an effect on Ibrahim Magu’s status as Acting EFCC Chairman. I don’t expect that there’s anything externally that is going to affect Magu’s position.
“I don’t know whether the judge considered Section 171 of the Constitution which even allows the President to appoint heads of agencies like Magu’s agency without any reference to the Senate. That is already there, so I don’t know what was brought to the court’s attention. When we see the full judgment we will be able to express our opinion.
Sowemimo observed, among others, that in the event that the ruling includes a court order removing Magu from office, he would probably seek a stay of execution and launch an appeal.
Keyamo noted, among others, the law did not prescribe a time limit for Magu to remain in an acting capacity.
Keyamo said: The fact that the law has not circumscribed the amount of time or the time period that someone can act as the head of an agency, it would mean therefore that I see no legal problem at all in Ibrahim Magu continuing to act as the Chairman of the EFCC, there is no legal impediment at all.”
But Ubani advised the Executive to “respect and obey the judgement of the
Federal High Court unless they have secured a contrary judgement from the appellate courts.”
The controversy trailing the appointment of Ibrahim Magu as Chairman, Economic and Financial Crimes Commission (EFCC), may be far from over.
The Senate yesterday asked President Muhammadu Buhari to nominate a replacement for Magu in line with the verdict of an Abuja Federal High Court which affirmed its powers to confirm or reject the President’s appointments.
The upper chamber vowed not to consider the President’s confirmation requests until its resolution rejecting the appointment of Magu is complied with.
Justice J.I. Tsoho on January 15th said that the Senate has statutory duty to confirm appointments referred to it by Mr. President.
The chairman, Senate Committee on Media and Public Affairs, Senator Aliu Sabi Abdullahi, who briefed reporters on the court verdict, said:
“By this (court) judgment, for those who have been worried that the Monetary Policy Committee never met, I think this is a window for the MPC to see the light in meeting.
“If the Executive does the needful, provides another Nigerian of credible character of which we have millions of them – 180 million of them – even by arithmetic error, we should be able to get good people.
“So, it is our hope and prayer that our amiable President will find this judgement in order and will be submitting very soon another nominee to carry on with the good work of anti-corruption, especially now that we are very proud of him as the African Union Anti-Corruption Ambassador.”
Abdullahi recalled that the Senate rejected Magu’s nomination twice.
He noted that the then Acting President, Prof. Yemi Osinbajo, was reported to have said that the Senate lacked the power to confirm Magu.
“The issue was taken to the floor of the Senate and we resolved that the statement has to be withdrawn or we will take it that we will not confirm any other person, except those expressly listed in the Constitution,” he said.
Abdullahi said the issue was taken to court by Oluwatosin Ojaomo for the court to determine.
He noted that the judgment had been given that the Senate has the power to confirm presidential nominees.
“In fact, the intendment of the law is that we should not be a rubber stamp,” he said.
Abdullahi added: “We are happy with the judgment. We want to salute the Nigerian judiciary for always rising to the occasion when it matters most. The judgment is consistent with what has happened in the past. By this judgment, the executive will be guided to uphold the law, do the needful and it will be good for verybody.”
He said that the President should be persuaded to find another nominee in place of Magu.
Abdullahi said that the position of the Senate remained that “we have rejected a nominee and that nominee cannot continue to act as if there is no law in the country”.
Insisting that “there is nothing personal about what we did”, the Senate spokesperson said their action was guided by the Constitution.
He said: “The issue of Magu is not on our door, it is on the door of the executive to do the needful.”
Abdullahi said that until a superior court sets aside the January 15th, 2018 judgement, it remains the law.
The defendants in the suit were the Senate President, National Assembly of the Federal Republic of Nigeria and the Attorney General of the Federation, Federal Republic of Nigeria.
The judge said that the Plaintiff began the suit vide an originating summons supported by an Affidavit of 20 paragraphs deposed to by Oluwatosin Ojaomo and a written address both dated and filed on the 24th of January, 2017.
He said that the respondents di not file any reaction to the Originating Summons.
The judge said that the issue of locus standi is a threshold matter and must be first dealt with.
Justice Tsoho noted that it is also trite law that the nature of the claim and /or the cause of action determines the locus standi of the party bringing the action.
The judge said that having regard to the questions presented for determination and the reliefs sought in the Originating Summons by the Plaintiff in this instant suit, his locus standi, in my humble opinion, is doubtful.
He said that the affidavit depositions which gave background information of the Plaintiff and others ,— this in my humble view, does not establish any special or unique interest of the Plaintiff above those of others, that entitles him to institute this action.
“On this premise, the suit is liable to be struck out for lack of standing to maintain the action,” Justice Tsoho said.
The judge said: “Nevertheless, the court will consider the merits of the issues raised for determination by the Plaintiff.”
He said that issue 1 bordered on the power of the Senate in respect of statutory appointment under the EFCC Act referred to it by the President.
The judge said that the provision relating to appointment of the chairman of the EFCC is Section 2 (1) &(3) of the EFCC (Establishment) Act, 2004.
He said that Section 2 (3) provides as follows: “The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation of the Senate.”
He declared: “Firstly, the use of the word ‘shall’ in a legislation usually denotes mandatoriness. Therefore, while the Plaintiff recognizes the use of the word ‘shall’ as conferring mandatory and unqualified powers on the President to appoint the Chairman of the EFCC, sight must not be lost that the same word is used in respect of confirmation by the Senate of such appointment. Therefore, interpretation of the word ‘shall’ should logically have the same effect regarding both situations.”
The judge said: “More importantly, the expression ‘subject to’ used in Section 2(3) of the EFCC Act is very instructive. The expression ‘subject to’ has been interpreted to mean: liable, subordinate, subservient, or inferior to; governed of affected by; provided that or provided; answerable for. It has been categorically stated that the phrase ‘subject to’ introduces a condition, a restriction, a limitation, a proviso.”
The judge said that on the strength of these authorities he cited, therefore, “the expression subject to” should be understood to simply mean “depending on”.
“Accordingly, the import of Section 2(3) of the EFCC Act is that the appointment of a Chairman made by the President is dependent on confirmation by the Senate.”
He added: “The 1st Defendant can therefore reject a statutory appointment of a Chairman of the EFCC made by the President, if there is good basis for doing so.” Issue 1 stands resolved.
On issue 2 for determination, “there is no doubt that that 1st defendant is bound by the provisions of the EFCC Act with respect to appointment of Chairman of the EFCC by the president.
“It should be realised that the provision of Section 2(3) of the EFCC Act empowers the Senate, headed by the 1st defendant to confirm an appointee to the Office of the Chairman EFCC by the President. The Senate is thus conferred with authority to ensure the choice of only suitable and credible persons for appointment to that office. The submission of the plaintiff however gives the impression that the Senate only exists to rubber stamp the president’s appointment of a Chairman. Such viewpoint runs counter to the proper intendment of Section 2 (3) of the EFCC Act and is misconceived. Issue 2 is also resolved.
“The point must be made that it is trite law generally, that where a plaintiff’s claim is unchallenged and uncontroverted, the court will accept the available evidence and act on it.
“There is however exception to this, where the court finds that the plaintiff’s action is not maintainable, despite being unchallenged. This, I humbly hold to be the position in the instant suit, as I regard as doubtful the plaintiff’s capacity or competence to maintain the action. Consequently, this suit is struck out.”