Two lawyers, Bayo Adebowale, 34, and Austine Izuagie, 48, last Friday appeared in an Ebute Meta Chief Magistrates’ Court in Lagos for allegedly causing malicious damage and grievous harm.
Each of them faces a four-count charge of behaving in a manner likely to cause breach of peace, malicious damage, conspiracy and grievous harm.
The duo pleaded not guilty.
Magistrate B.O. Ope-Agbe granted them N500, 000 bail with two sureties each in the like sum and adjourned the case to April 12.
Prosecuting Sergeant Jimah Iseghede said the lawyers committed the offences on February 26 at Faith Mission Estate in Satellite Town, Lagos.
He alleged that the men dispatched two armed men to Faith Mission Estate to demolish two buildings belonging to another lawyer, Dr Marian Adeleye.
He said the offence contravene Sections 166(d), 243, 348 and 409 of the Criminal Law of Lagos State, 2011.
Our Girls are still missing since April 15 2014. We continue to pray for their safety and that of the citizenry of the affected areas. The motorcycle battalion of the Nigerian Army is welcome but it should be more hush hush. The Okada, motorcycle, has removed many young Nigerians from the farm and village and has created an epidemic killing and maiming probably up to 10% of the population. Ask! Every Nigerian knows an okada victim. That is a murderous epidemic, infecting every village, town, city and community with a deadly virus. This okada virus should be curbed as it is not economic sense to promote mono-transport. Every politician must visit one of the Orthopaedic Hospitals before making any new okada constituency donations of such deadly weapons. OKADA MUST DIE FOR THE PEOPLE TO LIVE.
The Fulani-Farmers war is murderously out of control. Current methods are failing. Now we are told the perpetrators are from ECOWAS countries. It is not an excuse for Nigerians to be murdered in their ancestral farms by herdsmen who for 40 years have launched a vicious war against the citizenry. President Buhari may have had to relinquish his toga of Patron of the Fulani Herdsmen’s Association but he must find a lasting solution. The nation may have to boycott cow meat for six months to bring sanity and protest the murder of their farming citizenry in 20 states.
Nigeria has suffered the serial leadership incompetence of 40 years. That primary incompetence manifests as poor power supply, 2-5000Mw when we need 150,000Mw or 1,000Mw per one million citizens as recommended by the United Nations. Fareed Zakaria of the CNN pointed out that every six hours, more solar energy reaches the world’s deserts than the world uses in one year. What a waste. Morocco is focusing concentrated sun’s energy to provide power. What is Nigeria doing? Unfortunately Nigeria refuses to even rent 10,000MW FROM EMERGENCY POWER COMPANIES AS AN EMERGENCY MEASURE to cater NOW for the citizens, LIKE THE JAPANESE DID WHEN THEY LOST THE 10,000Mw Fukushima nuclear Power Plant. Nigeria was rich for the last 40 years, our money stolen by agbada thieves. Today’s politicians should be much more sorry for the corruption of politicians, past and present, and repair 40 year damage to the power grid done by providing that Emergency Power, 10,000Mw within three months using part of the $30b CBN foreign Reserves and international donor funds. It pays the world to keep Nigerians in Nigeria. Imagine 100+million added to the world’s refugee crisis ‘seeking heaven alone’. Will the world survive the tectonic shift from 100m Nigerians fleeing Nigeria and attempting to cross the Sahara, reach the Mediterranean, take 100,000 boats and cross to The Island of Lampedusa en route Fortress Europe, the UK in or out of the EU and even the USA?
Congratulations to Gianni Infantino, new 9th President of FIFA. Will he be good for football in developing countries? Hopefully he will clean up FIFA and the over 200-member Football Associations. Perhaps even Nigerian Football Association will come clean with its funds from FIFA HQ for the development of football in Nigeria. Think of the millions of youth denied quality footballs and training for which FIFA funds have been allocated and corruptly disbursed in dollars.
We have gone mad – legally, morally, socially and, of course, financially. The recent Supreme Court election victory decisions, though incontestable legally, are mired in the moral court of public opinion and that of the many dead from unforgivable political violence. Secondly, the over-representation of ‘legal luminaries’, even in the tiniest of courts where they line up for photo-ops while often defending the indefensible for monumental fees. There is a Statute of Limitations on time to prosecute, which is immoral anyway. A crime is a crime, not just for 30 years. Nigeria requires yet another LAW OF LIMITATIONS to back up. The law we need is ‘The Law of Limitation on Numbers for Legal Representation’ IN WHICH THE NUMBER OF LAWYERS PERMITTED TO ATTEND ANY SINGLE NIGERIAN CASE IS LIMITED to, for example, one SAN, [sane or sick, haha], two Senior Lawyers, [yellow wigged] and three Junior Lawyers, [bright white wigs], and one NYSC Lawyer, [wig on backwards by mistake]. Nigerian Lawyers are used to going around in ever-enlarging herds. As the judge said, it suggests the tactic, though expensive, is solely aimed at intimidating the court and the opposition. It also demonstrates the financial power of the party who hired the legal luminaries supposedly ‘bent’ on seeking ‘justice’ at any price! Regrettably, we see the same lawyers spouting against corruption and election malpractices one day, and defending the accused perpetrators the next day.
For too many Nigerians, life is a game –dangerous, deadly and dear- expensive with too many costly failures. Fortunately, there is hope for humanity beyond the crass corruption of Nigeria, capitalism of the West and communism of China USSR. Under the new organisation ‘BREAKTHROUGH ENERGY COALITION’, Bill Gates and some fellow billionaires- all made from crass capitalism- and the University of California- donation and patent rich- are funding the ‘NEXT GENERATION ENERGY SOURCES’ to fast-track better cheaper, non-carbon, power sooner than later. Google it. I am not sure if Dangote is part of the ‘Team To Power Tomorrow’ but Nigeria cannot afford to be left behind again and needs a serious solar power shift to 10,000Mw today, this month and 50,000Mw by 2017!
Incensed by what he alleged was damning evidence of senior lawyer Ricky Tarfa’s consistent pattern of obstructing justice, the Economic and Financial Crimes Commission (EFCC) chairman, Ibrahim Magu, lashed out a few days ago at lawyers and journalists who he said had been compromised by corrupt Nigerians. He spoke in general terms. His views, which were expressed when he received a coalition of civil society groups marching in Abuja last week in support of the anti-graft war, need to be quoted extensively to get the full import of his perspective.
Said he: “One of the big challenges we have in the effective prosecution of the war on corruption is that of very senior lawyers who Nigeria has been very kind to: They who went to good schools here, when Nigeria was good, many of them, on government scholarship; they who Nigeria had given so much opportunity. When we have corruption cases, cases of people who have stolen food from the mouths of our children; when we have cases of people who have stolen money meant to build hospitals and buy drugs; when we have cases of people who have stolen all the money meant to buy guns for our soldiers to fight Boko Haram, when we have all these cases of wicked people who have stolen Nigeria’s money, they run to these same senior lawyers, give them part of the stolen money and mobilise them to fight us, to delay us in court and to deny Nigerians of justice. These are the people who do not want justice for the common man.
“The other day, 34 Senior Advocates of Nigeria fought against only one small EFCC lawyer in court and he defeated all of them! What we are doing today is not by our power, it is the power of the Nigerian people and the power of God behind us! Corrupt people hire journalists to abuse us every day. They say we are not doing the work according to the law. But, that is not true. There is no agency that follows the law more than EFCC. None. Before we arrest you, or seize your property or do anything to you, we check the law, we go to court and get court order. That is why we are winning; that is why we are defeating them every day.”
What other kind of support Mr. Magu and the federal government need is hard to understand. They already have approximately more than 95 percent public support. And whether sponsored or not, the protesters who marched in Abuja last week in support of the EFCC gave a clear indication where their hearts belonged. Indeed, the protesters even presumed to represent nearly all Nigerians. A group of lawyers late last week met minds with the EFCC in Lagos and pledged qualified support. Trolling the social media, there is hardly anyone who does not think those accused of corruption should be denied bail, given summary trial and hung by their toes. The media itself is awash with columnists, academicians and analysts who brook no caveat or restraining voice from anyone about the rule of law or any other measure that slows down the anti-graft war. So, why is Mr. Magu still flustered? Could it be the 130 or so lawyers he said had ganged up to undermine the EFCC? Or could it be something more sinister, something closely related to the judiciary headache President Muhammadu Buhari said he had been having since he began the anti-graft war?
The EFCC boss apparently wants total, unflinching support, the kind that glosses over what some people have described as controversial anti-graft measures, both legal and illegal, in order to bring the corrupt to book. Mr. Magu can’t seem to understand why anyone would give the impression that the anti-graft war is not really a war, a war that strikes at the heart of the nation’s survival, one that calls for very drastic and even unorthodox remedies. Though he boasts of adhering strictly to the rule of law, it is ironical that he deplores both those who get paid to defend the corrupt and those who write to compel the government and the anti-graft bodies to follow due process. He even made sarcastic references, with a touch of innuendo, to how and why the media failed to report the detention of Olajide Omokore, the oil mogul held by the EFCC for some three days or more last week.
Despite his complaints, Mr. Magu can, however, not get the kind of total support he wants. It is part of the criminal justice system that a suspect charged in court must engage the services of a legal counsel. That counsel has to be paid, of course. And if a defendant is unable to afford a counsel, the state often weighs in to bear the burden. The reason, as Mr. Magu must know, is so that through the interplay of prosecution and defence, justice can be served. But sometimes the system fails, the innocent is punished, and the guilty is set free. At other times, the system succeeds in dispensing justice. It is futile to attempt to discourage lawyers from defending suspects charged with crime, without upending the axiom of presumption of innocence. Who can tell whether one day, as former EFCC chairman Nuhu Ribadu discovered, Mr. Magu will not himself many years down the line need the services of a battery of senior lawyers in the face of serious allegations of misconduct slammed against him by a hostile government. If he is worried about corruption in the judiciary or obstruction of justice, as the Ricky Tarfa case appears to indicate, the EFCC, not to talk of many other government agencies, has the resources and powers to expose the crime. The cleansing and reformation required to sanitise governance and ensure that justice is unfettered are desperately needed, and must be a continuing effort.
Yet, the guilt of a suspect is not established by popular opinion. If a lawyer brilliantly defends his client, he may sometimes secure the suspect’s freedom. To counteract the defence lawyer, the EFCC and Mr. Magu should ensure that prosecution is also brilliantly handled. This is a check and balance system that cannot and must not be abridged. And as for the delays he grumbles about, which President Muhammadu Buhari also complained about in his last trip to Britain, it is counterproductive to pressure the courts to sacrifice thoroughness on the altar of pleasing the prosecuting agency or mollifying the angry public seeking retribution against their tormentors. If Mr. Magu can’t understand this, he should wait until, like former National Security Adviser Sambo Dasuki, he falls out with the government.
The EFCC boss also suggested that journalists who opposed the government’s prosecutorial methods were hired by corrupt politicians bent on evading justice. The journalists, said he, constantly assailed the anti-graft agencies uncouthly. This view is sadly misplaced. Mr. Magu has nonetheless brought Mr. Tarfa to trial. If the evidence of jurist bribing the EFCC is mustering holds up, the senior lawyer may end up jeopardising his career and freedom. Mr. Magu should in fact feel free to go ahead to expose the hired journalists he glibly talks about. If they are paid to abuse the EFCC and other anti-graft agencies, surely the agency can find one legal or regulatory corollary to deprive them of their liberty. Rather than make wild, general, intimidatory and unsubstantiated allegations, the EFCC boss should name names and charge the offenders in court. After all, no one, except perhaps the camorra of former Nigerian rulers, is above the law.
Mr. Magu and the Buhari presidency, it must be reiterated, will undermine their own legacies, as Chief Obasanjo has done, if they enthrone a brusque and irregular method of fighting graft, all in the name of fighting corruption. It was embarrassing of President Buhari to declare in Britain his discomfort with the British method of fighting graft, which he described as ‘too thorough, and takes too much time’. But the Nigerian justice system must also be thorough and if necessary take much time. Justice is too sacred and weighty a matter to be subjected, as Mr. Magu appears to be doing, to emotions and scaremongering. Nigerians want justice, but if it should be delivered in the name of Nigerians, it had better be real justice — justice done and seen to be done, with suspects exhausting all avenues of appeal, and defended by the best lawyers they can find money to hire, even if it bankrupts them.
Detectives are making progress in their resolve to find the $200m (N66billion) penalty fines paid by five companies involved in the $180million Halliburton bribery scandal, The Nation learnt yesterday.
The Economic and Financial Crimes Commission (EFCC) has asked the lawyers who handled the settlement agreement to account for the fines and about $12million (N3.960billion) collected as “legal fees”.
One of the lawyers, Mr. Damian Dodo (SAN), in a letter to EFCC Chairman Ibrahim Magu, admitted that the legal team got $3.5million of the $4.5million legal fees.
He said the balance of $1,000,000 was remitted to the Federal Ministry of Justice as “reimbursement cost to the Federal Government of Nigeria.
The EFCC is closing in on more suspects implicated in the Settlement Agreement on the Halliburton scandal.
A source said: “This commission is making progress despite the braggadocio in the media by some people being investigated. The truth is that we have conflicting records which we need to reconcile.
“If companies paid penalty fines as part of plea bargaining, Nigerians deserve to know where the money is. Let them produce evidence of remittance of the fines.
“We are going to get to the roots of this scandal, including the legal fees of about $12million. We may also interact with all those involved in the agreement. We want to locate the whereabouts of the fines duly paid.”
“We are closing in on more suspects who have to come and tell us all they know about the whereabouts of the $200million purportedly remitted to the government.
“Now, we have got a new dimension to the case involving payment or remittance of $1,000,000 to the Federal Ministry of Justice. We need all records and we may invite some key officials of the ministry to testify.”
The source added: “In fact, the so-called $200million fines appeared to be a far cry from what the nation ought to have got.
“About $1.5billion was paid by Halliburton to the US Government. Yet, the country, which was ripped off, got pittance.
“Despite the fines, the facilitator of the bribery, a UK lawyer, Mr. Jeffery Tesler, has just completed a jail term. In Nigeria, all the culprits are walking freely as if it was a normal trend. We are looking at all these dimensions to the case. We want justice for Nigeria.”
But one of the lawyers involved in the Settlement Agreement, Mr. Damian Dodo (SAN), in a February 15 letter to the EFCC chairman, admitted that the legal team got $3.5million professional fees out of the $4.5million paid to the group through his firm, D.D. Dodo and Co.
He said $1million was “deducted” from $4.5million as “reimbursement cost” to the Federal Government.
The $1million was paid to the Federal Ministry of Justice.
The letter said: “Further to my brief dated 11th February, 2016, I hereby wish to bring to your attention that the sum of $1,000,000 (N150million at the time) was approved by the Hon. Attorney -General as reimbursement of cost to the Federal Government of Nigeria.
“The said sum of $1,000,000 was deducted from the sum of $4.5million received by D.D. Dodo and Co. on behalf of the Federal Government of Nigeria legal team, leaving the team with $3.5million.
“On the instruction of the Team Leader, Mr. J.B. Daudu(SAN), I forwarded to the Federal Ministry of Justice a cheque in the sum of N150milion(equivalent of $1,000,000) at the prevailing exchange rate at the time)in March 2011.
“Copy of the acknowledgement from the Federal Ministry of Justice dated 16th March 2011 is attached for ease of reference.
“I am also aware that some other sum was approved to the HAGF as Federal Government of Nigeria cost from the payments received by Obla and co and that the sum was accordingly remitted to the Federal Ministry of Justice. Chief Godwin Obla will provide you further details in this regard.
“I hope this helps in the process of your investigation.”
An Abuja High Court on March 27, 2013 struck out the case against six Nigerian suspects arraigned over the Halliburton scandal.
Those set free were a former Permanent Secretary, Ibrahim Aliyu, Mohammed Gidado Bakari and four companies.
The four companies are Urban Shelter Ltd., Intercellular Nigeria Ltd., Sherwood Petroleum Ltd. and Tri-Star Investment Ltd.
The six accused persons had stood trial for allegedly serving as conduits and receiving bribes in hard currency to facilitate natural gas contracts between 1994 and 2005.
The trial judge, Justice Abubakar Sadiq Umar, said the prosecution had failed to diligently prosecute the case.
Bodunde Adeyanju, former President Olusegun Obasanjo’s aide, was arraigned in 2010 alongside George Mark, Jeffrey Tesler (now at large), Hans George Christ, Heinrich J. Stockhausen; Julius Berger Nigeria Plc and Bilfinger Berger GMBH.
But Mark, Tesler, Christ, Stockhausen; Julius Berger Nigeria Plc and Bilfinger Berger GMBH were alleged to have sometime between 2002 and 2003 conspired to make several cash payments in the sum of $1million (five times) totalling $5million to Bodunde.
They were alleged to have committed an offence contrary to Section 16 of the Money Laundering Act 1995(as saved by Section 23(2) of the Money Laundering Act 2004) and punishable under Section 15(2) and (3) of the Money Laundering Act 1995(as saved by Section 23(2) of the Money Laundering Act, 2004).
The $180million bribery scandal involved the former Halliburton’s subsidiary, Kellogg Brown and Root (KBR) in respect of the nation’s Liquefied Natural Gas plant in Bonny.
Albert J. Stanley admitted before a Houston Court in the US on September 4, 2008 that he orchestrated more than $180million in bribe to senior government officials.
Stanley alleged that the bribe was channelled through Tesler in four instalments of $60million; $32.5million; $51million and $23million.
The bribe was allegedly facilitated between 1995 and 2005 in London.
The countries where the bribe money was allegedly stashed by some top government officials and their accomplices are France, Britain, Switzerland, Portugal and Seychelles.
Tesler, 63, was in February, 2012 sentenced to 21 months in prison in the United States after pleading guilty in March, last year to bribing Nigerian Government officials with $132 million between 1994 and 2004.
He also forfeited $149 million to US authorities under the Foreign Corrupt Practices Act (FCPA).
Tesler is believed to have played a fast one on Nigerian officials who were to benefit from the $180m by diverting $133, 073,750million to his account in Switzerland.
He only shared about $22, 417, 000 and DRM 500,000 to some top government officials.
Upon discovery of the $133, 073,750m in Tesler’s account, the Swiss government froze the account and during the trial of the accused person, the fund was transferred to the US.
A former EFCC chairman, Mallam Nuhu Ribadu, recently in Germany expressed regrets that the Halliburton scandal was frustrated in Nigeria.
He said “a gang of foreigners stole from Nigeria” from a $6 billion natural gas contract won by a consortium of four international companies.
He said on some of the cases which the EFCC under his watch referred to the US Department of Justice, including those of Siemens and Julius Berger, the US made over $3 billion in fines.
“But the sad aspect is this, in my own country, where the criminal activity took place, not a single person was made to face justice, especially after I was asked to leave my position. Sadly, Nigeria did not make a dollar out of it,” Ribadu added.
The law firm of J-K Gadzama LLP has honoured some lawyers who distinguished themselves in the chambers.
The awards were presented during a Christmas Carol organised by the law firm for its staff, clients and friends. The Abuja International Choir entertained guests at the ceremony.
Yemta Ali received the long- service award for being longest serving counsel while Sunday Dzarma received the long-service award for support staff as the longest serving support staff in the firm.
Darlinghton Onyekwere received the merit award as most dedicated and hardworking counsel in chambers.
Nura Sani won the merit award for being the most dedicated and hardworking support staff. The awardees received a month’s salary as prize. Other awardees include: Mr. Tajudeen Ayeni who came first in the Table Tennis Champion (Male Category); Miss Rachel Nsefik-Eyo who came first in Table Tennis Championship (Female Category).
Others are Jacob Ogiri Ajene (First runner-up, Table Tennis, male category) and Miss Stephanie Ere Tobi (First Runner-Up, Female Category).
Lawyers have said the Independent National Electoral Commission (INEC) will fail neutrality test if it allows those who conducted the December 5 “inconclusive” election in Bayelsa State to handle the rerun on January 9.
The lawyers, who conducted legal clinic on Bayelsa election with civil society groups, said their findings revealed that the current composition of INEC in Bayelsa State would not guarantee a free and fair rerun.
The report of the clinic was signed by the General Counsel, Legal Clinic for Development and Democracy (LCDD), B. B. Bamigboye.
The lawyers urged INEC to redeploy the state’s Resident Electoral Commissioner (REC), Mr. Baritor Kpagir, as well as other principal officers since they were no longer neutral, as required by the Electoral Act.
Bamigboye noted that the two leading candidates – Chief Timipre Sylva of the All Progressives Congress (APC) and Governor Seriake Dickson of the Peoples Democratic Party (PDP) – publicly disputed the results in local government areas they allegedly lost.
He said despite the dispute, INEC declared winners in seven of the eight local government areas but aligned with the PDP to cancel the results in Southern Ijaw Local Government Area, citing violence.
He said while the APC and a group of observers opposed the reason for cancelling the election, the PDP continued to defend the INEC officials responsible for the cancellation.
Bamigboye recalled that the REC allegedly issued a statement, claiming he was offered money to rig the election and that his life was under threat.
The lawyer said though the party that offered the REC money had been a subject of speculation, INEC leadership had not upheld the neutrality contained in its enabling statute, following the plethora of petitions, allegations and counter-allegations involving its officials.
He said the statute required INEC to redeploy politically exposed officials and detail new personnel to conduct the supplementary elections in Southern Ijaw and other areas of the state.
Bamigboye said: “Whilst Electoral Act does not confer locus standi on voters in an election tribunal, the right to vote and be voted for is now under threat due to INEC’s inability to demonstrate commitment to neutrality.
“When we juxtapose the foregoing facts with Section 28 of the Electoral Act 2010, we must of necessity demand a reasonable degree of legal rectitude from INEC.”
Quoting Section 18.28 of the Electoral Act, he said: “(1) All staff appointed by the Commission taking part in the conduct of an election shall affirm or swear before the High Court an Oath of neutrality as in the Second Schedule to this Act.
“(2) All Electoral Officers, Presiding Officers, Returning Officers and all staff appointed by the Commission taking part in the conduct of an election shall affirm or swear an oath of loyalty and neutrality indicating that they would not accept bribe or gratification from any person, and shall perform their functions and duties impartially and in the interest of the Federal Republic of Nigeria without fear or favour.”
The lawyer noted that based on admittance of the REC, the neutrality of INEC in Bayelsa State was legally questionable.
He said: “Can it be said that in the exercise of its discretion, INEC officials complied with Section 28 of the Electoral Act 2010 (as Amended)? Are we supposed to embark upon a voyage of discovery in order to ascertain the culprits cited by the REC from the outcome of the results so far and that of January 9, 2016?
“Does the controversy surrounding allegation of the REC amount to INEC’s descent into the arena of dispute? What is the rule when an arbiter, such as INEC, is publicly challenged on its acts or omissions occasioning its decent to the arena of dispute?
“If the complainants accuse one another as culprits, are we not bound by the rule of law to give fair hearing to the complainants through neutral parties? Are there no neutral persons in INEC whose decisions will not be fettered by the current encumbrances of bias, prejudice, mistrust and ill-will?
“Is INEC itself conscious of the principles upon which its functions are weighed – whether in the court of public opinion or in courts of justice?
“Where instruments of human rights and democracy which flow from international comity are violated, are citizens entitled to redress through the respective agencies of government?
“We have a pending case in this area at the Federal High Court, Abuja (Bamigboye Vs INEC, PDP and APC…).”
He added: “The foregoing questions point to one fundamental principle, to wit: neutrality. It is settled law that: where the same reasons exist, the same laws prevail, and of things similar, the judgment is similar. (Ubi eadem ratio, ibi eadem lex; et de similibus idem est judicium).
A TEAM of seasoned experts, including lawyers, has been assembled to prosecute those implicated in the arms purchase scandal.
Besides, there will be no plea bargain for those accused of diverting the multi-million dollar cash, Attorney General of the Federation (AGF) and Minister of Justice Abujabubakar Malami (SAN), said yesterday.
He accused the Goodluck Jonathan administration of deliberately compromising corruption cases involving politically-exposed individuals to enable them escape justice.
This, he said, will not happen again as those linked with the diversion of funds meant for the purchase of arms and others involved in corrupt practices under the last government will face trial.
The AGF spoke in Abuja during a meeting with some members of the BringBackOurGirls group, led by former Education Minister Oby Ezekwesili.
He said: “Under the last government, corruption cases were deliberately compromised during investigation in order to pave the way for criminal elements to escape the long arm of the law. Steps are being taken to audit such cases with a view to bringing the culprits to justice.
“We have put in place a national prosecution team that comprises all stakeholders for the purposes of ensuring the success of what charge is presented before the courts. The committee will be saddled with the responsibility of preferring relevant charges and ensuring that charges are preferred in line with the dictates of the law without compromises.”
“It is not just about having a team that will be prosecuting, but ensuring that relevant audit is taken as it relates to previous prosecution to ensure that those that are found wanting are brought to book. And then, ensure that the future of prosecution in this country is further enhanced by having in place an effective legal team that will involve legal drafters for efficient drafting of charges.
“The team will also include efficient investigators that will ensure that adequate proof of evidence that will establish the required ingredients of an offence are put in place, and then, competent prosecutors that will now ensure that the required proofs are presented before relevant courts for the purpose of establishing guilt,” Malami said.
When asked if the Fed Govt was considering entering into plea bargain with those linked with corruption cases, Malami said: “I cannot imagine someone being responsible for monumental deaths of our citizens and then going scot-free arising from plea-bargain as a policy.
“It has never been the policy of the government to make compromises on terrorism and financial crimes. It will never be tolerated by the office of the AGF.”
Malami described the abduction of the school girls as “tormenting and psychologically traumatisisng” for the nation.
“It is tragic for a nation to have a budget meant for arms procurement for the protection of lives and property of the citizens, and end up not having the arms but compromising the process of making adequate provisions for the protection of lives of its citizens.
“The government of President Muhammadu Buhari has demonstrated sufficient skill and commitment to the protection of lives and property within the shortest practicable time of coming into existence. It has recorded tremendous success, including confronting Sambisa forest head-on with the hope of rescuing the Chibok girls.”
He assured the group of the government’s commitment to securing the girls’ freedom.
Mrs. Ezekwesili blamed the tragedy of the Chibok girls on the immediate past administration. She recalled that since the advocacy for the Chibok girls began in April 2014, no concrete step had been taken by the past administration to retrieve the girls.
She urged the AGF to make public the report by the Presidential Taskforce put in place under former President Jonathan to investigate the circumstances leading to the girls’ abduction.
“In the movement, we over time realised that it is the failure of governance that resulted in the abduction of the Chibok girls and that corruption was the key obstacle to the rescue of the girls.
“To that effect, therefore, we believe that, in recent times and the revelations that have followed, it is clear that there is a lot your office must do in order to establish a framework that assures Nigerians that every bad behaviour that took place, including the abduction of the girls and every bad behaviour that impeded their immediate release, must be fully prosecuted.
“The matter of disclosure of the Presidential Task Force report on the fact-finding mission into the veracity of the abduction is key and urgent. This will put pay to the saying by some people that the Chibok girls’ abduction is a scam.
“How can the tragedy of the Chibok girls be a scam when the government under which it happened instituted an inquiry into it, and there are parents who are crying that their children are not yet back? Their children are still with terrorists and their fellow citizens dare to call their experience a scam.
“The government owes it a duty to the girls under captivity, their parents, the community of Chibok, the movement and to all well-meaning Nigerians that the report be transparently disclosed in its entirety so we will know exactly what made it possible for our Chibok girls to have been abducted,” Ezekwesili said.
Lawyers have hailed the Federal Government for resorting to the Public Procurement Act (PPA) in the trial of some individuals accused of diverting funds meant for arms procurement under the President Goodluck Jonathan administration. They argue that the application of the law will strengthen it. Eric Ikhilae reports
• Dasuki
The fight against corruption has truly begun. Those who have cases to asnwer are being hauled to court. So far, charges have been filed against former National Security Adviser (NSA), Sambo Dasuki; ex-Minister of State for Finance, Bashir Yuguda, former Sokoto State governor, Attahiru Dalhatu Bafarawa and his son, Sagir Attahiru, among others.
Emeritus Chairman of Daar Communications, Chief Raymond Dokpesi and his firm were charged under the Public Procurement Act (PPA).
Others were charged under the Penal Code. And, of the six counts contained in the charge against Dokpesi and his firm, four were brought under the PPA. Offences under the Act carry a minimum of five and maximum of 10 years with no option of fine.
• Dokpesi
In count one, Dokpesi and his company were accused of conducting “procurement fraud by means of fraudulent and corrupt act, to wit: receipt of payment into the account of Daar Investment and Holding Company Limited with First Bank of Nigeria Plc, of public funds in the sum of N2,120,000,000 from the account of the office of National Security Adviser with the Central Bank of Nigeria for the funding of media activities for the 2015 presidential election for the Peoples Democratic Party (PDP),” an offence contrary to Section 58(4)(b) of the PPA and punishable under 58(6) and (7) of the Act.
The PPA
The PPA serves a response by the Federal Government to the clamour for transparency in government’s procurement process. Steps leading to the birth of the law in 2007 began in 1999 when the former President Olusegun Obasanjo inaugurated the Country Procurement Assessment field work.
• Attorney-General of the Federation, Abubakar Malami
The outcome of the field work produced the Country Procurement Assessment Report (CPAR), which recommended the establishment of Bureau of Price Monitoring and Intelligence Unit (BMPIU), among others, to address the shortcomings of the observed inadequacies in the country’s public procurement process.
But the Federal Government went further by initiating move to institutionalise the operations of the BMPIU. It evolved a Bill to that effect – the Public Procurement Bill – which it sent to the National Assembly in 2003/2004. The National Assembly passed it into Law on May 31, 2007 and was subsequently signed into law on June 4, 2007, by late President Umaru Yar’Adua.
The Act requires public institutions and other relevant parties to ensure that all public procurements are conducted in a manner that is transparent, timely and equitable and based on the guidelines, thresholds and standards.
The National Council on Public Procurement (NCPP), headed by the Minister of Finance, and which supervises the Bureau of Public Procurement (BPP), which oversees the procurement activities of all the procuring entities (and indirectly, oversees all public procurement affected by the provisions of the Procurement Act) and is responsible for the issuance of procurement “Certificates of No Objection.”
A “Certificate of No Objection” is the document that confirms that due process was followed in the conduct of a procurement process and authorises the procuring entity to enter into the relevant contract.
Before PPA, public procurement in the country was haphazardly handled based on the Treasury Circulars of 1958, which provided only guidelines on public expenditure management.
The PPA, as enacted by the National Assembly is only applicable to federal institutions. However, states like Edo, Delta and Rivers have taken steps to enact their own versions of the law while a few others are in the process of doing so.
What constitutes legitimate contract under the PPA
The procedure for the award of contract under the Act is explicitly captured in Section 16, Part 4.
Section 16(1) provides: Subject to any exemption allowed by this Act, all public procurement shall be conducted: (a) subject to the prior review thresholds as may from time to time be set by the Bureau pursuant to Section 7(1) (a)-(b); (b) based only on procurement plans supported by prior budgetary appropriations and no procurement proceedings shall be formalised until the procuring entity has ensured that funds are available to meet the obligations and subject to the threshold in the regulations made by the Bureau, has obtained a “Certificate of ‘ No Objection’ to Contract Award” from the Bureau; (c) by open competitive bidding ; (d ) in a manner which is transparent, timely, equitable for ensuring accountability and conformity with this Act and regulations deriving therefrom ; (e) with the aim of achieving value for money and fitness for purpose ; (f) in a manner which promotes competition, economy and efficiency; and (g) in accordance with the procedures and time-line laid down in this Act and as may be specified by the Bureau from time to time.
Punishment for infraction
Under the Act, any breach of its provisions constitutes an offence. And, punishment for offences relating to public procurement, the court with jurisdiction to try such offences, and who should prosecute offender are stipulated in Part 7, Section 58 of the Act.
In the case of a natural person, Section 58(1) states: “Any natural person not being a public officer who contravenes any provision of this Act commits an offence and is liable on conviction to a term of imprisonment not less than 5 calendar years but not exceeding 10 calendar years without an option.
In the case of a public officer, Section 58(5) states: “Any person who while carrying out his duties as an officer of the Bureau, or any procuring entity who contravenes any provision of this Act commits an offence and is liable on conviction to a cumulative punishment of:(a) a term of imprisonment of not less than 5 calendar years without any option of fine; and (b) summary dismissal from government services.
Where it is a company that violates provisions of the law, Section 58(6) provides: “Any legal person that contravenes any provision of this Act commits an offence and is liable on conviction to a cumulative penalty of: (a) debarment from all public procurements for a period not less than five calendar years; and (b) a fine equivalent to 25 per cent of the value of the procurement in issue.
Where a company is convicted, the law also provides punishment for its directors in Section 58(7) which states that: “Where any legal person shall be convicted pursuant to subsection (4) of this Section, every director of the company as listed on its records at the Corporate Affairs Commission shall be guilty of an offence and is liable on conviction to a term of imprisonment not less than three calendar years but not exceeding five calendar years without an option of fine.
Exceptional cases
However, the law, in Part 3, Section 15(2) provides for exception as it relates to procurements carried out under national security or defence. But, such exemption must be with the consent of the President.
Section 15(2) states: “The provisions of this Act shall not apply to the procurement of special goods; works and services involving national defence or national security unless the President’s express approval has been first sought and obtained.
Notable cases before now
Notable individuals, who have, before now, been subjected to trial under the law include former directors of the Nigerian Ports Authority (NPA) – Olabode George (ex-Chairman), Aminu Dabo (ex-Managing Director), Abdullahi Aminu Tafida, Oluwasegun Abidoye, Zanna Maidaribe and Sule Aliyu and former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA),Temisan Omatseye.
George and other directors of the NPA, who served between 2001 and 2003, were convicted and sentenced to two years’ imprisonment on October 26, 2009 by a Lagos High Court. The Court of Appeal, Lagos affirmed the trial court’s decision in its January 21, 2011 judgment.
But the Supreme Court, in a unanimous judgment by a five-man panel head by the now retired Justice John Afolabi Fabiyi, in a judgment delivered in December 2013, voided George’s and others’ conviction on the ground they were charged under a a law that was not in existence when the alleged offences were committed.
Omatseye, who was arraigned sometime in 2010, is being tried under the Act for alleged “contract rigging.” He is conducting his defence.
Experts said though no substantial success has been recorded in the prosecution of violators of the Act since its enactment in 2007, the decision by the new government to charge notable individuals under the Act will provide an opportunity to further test its workability.
Lawyers, including Dr. Abdulkair Lawan, Adekeke Abegunde and Jude Nwanchukwu of the Centre for Public Accountability (CPA) are of the view that it would be premature and prejudicial to begin to examine the chances of both the defendant and prosecution in the current cases.
Lawan said the success of the prosecution is dependent on the quality of evidence he presents before the court. He added that “barring no extraneous influences, the prosecution, with compelling evidence, should be able to wrap up these cases in record time.I wish them good luck.”
Abegunde said the PPA remains the only law guiding public procurement in the country, and trial for any perceived crime committed in relation to public procurement must be brought under the Act.
“We are not saying the law is perfect, having been enacted almost over eight years ago. But I think we should continue to apply it to enable us understand its shortcomings and move for amendment when necessary.
“I recall that public procurement practice in the country before the enactment of the PPA, was done unprofessionally, inefficiently and ineffectively as it was based on the Treasury Circulars of 1958, which provided only guidelines on public expenditure management.
“The guidelines of these circulars on public procurement practice were grossly inadequate and created rooms for malpractices and high level corruption in contract management,” Abegunde said.
Nwanchukwu noted that the defendants could only be successful by the strength of the defence they put up. He argued that there is hardly any law without its loopholes. He noted that the defence could explore these loopholes, where they exist, and puncture the case of the prosecution.
“I do not know the facts of these cases now, but if they are in relation with the arms contracts, which has to do with national security or defence, the defendants could rely on the provision of Section 15(2) of the PPA in their defence,” he said.
Nigerian Bar Association (NBA) president Augustine Alegeh (SAN) speaks on how the Stamp and Seal policy is ridding the profession of fake lawyers and other sundry issues in this interview with ADEBISI ONANUGA
Was the Independent National Electoral Commission (INEC) right to have gone ahead with the Kogi election?
INEC is an umpire. INEC is not a party at the election. INEC cannot go to court. Even, the Attorney-General of the Federation is also not a party in the election. So only the parties can go to court and parties can only go to court when there is a decision taken.
Some suggested that the AGF should have approached the Supreme Court.
What would be the locus in the matter? It is an election matter with vested parties. He is not a party at the elections. What is his cause of an action? He cannot go to the Supreme Court to determine academic issues nor go to the Supreme Court to determine something that is real. It is when those with vested interests go to court, that the court can in its own wisdom, invite the AGF as an amicus curiae (friend of the court) to come and offer suggestions.
So, only the Supreme Court can resolve it?
That is why I don’t have an opinion. If I have an opinion, I would be taking an opinion against the stand of one of my members. If there is a constitutional provision, and we are interpreting that, I don’t care where you stand. I would say the constitution says this and it should be followed. But now, there is no provision for me to anchor upon and there is no decision that everybody will be happy about.
There is this school of thought that Audu’s running mate should step in and conclude the process.
For me, it is a very simple way out of the problem. But let me play the devil’s advocate. If Audu contested alone, it would be a void ticket. For the deputy governor to go alone without a running mate is not allowed. Each candidate must have a running mate. If you play the devil’s advocate, you would see that there is no perfect argument. There is no perfect situation. They can say okay, let the man name a running mate, the call for nomination has expired. There are layers of challenges and as the law did not provide for it, we all have to be careful.
What role does doctrine of necessity play in this kind of situation?
The doctrine of necessity does not operate in a vacuum. It operates in law. It operates on certain parameters. So, you must look at it holistically.
A committee was inaugurated recently by the National Human Rights Commission (NHRC) to review all anti-human rights laws. Given your experience, what areas of the law would you want that committee to look at?
Firstly, I want to say that we must understand the functions of the NHRC. The NHRC is set up to protect human rights and ensure that all our laws create an environment that respects human rights. So when a commission now creates a committee to look at human rights legislations, then you start asking what is its own function as a commission because that committee is being given a principal function of the commission.
They are doing a great job but I will appeal to them to be proactive. It is easier to ensure that those flaws don’t get into our laws than to wait till the end of the day and try and get the laws back to the assembly to amend.
Your administration set up an investigative committee to look at human rights abuses in the Northeast. Why?
No, we are not going to investigate human rights abuses. The situation that has occurred is that there have been talks from Amnesty about heavy presence of abuses, that our troops in trying to quell the Boko Haram insurgency, are committing human rights violations. Amnesty claimed to have investigated, Human Rights Commission claimed to have investigated. Our duty is to sensitise the military. We are not having an investigative foray into Maiduguri. We are going to have a human rights workshop with the military where the former Attorney-General of the Federation and the former Minister of Defence will present a paper that will tell the military and highlight what they have to do. We have members in all these places, Damaturu, Biu, Gombe, Maiduguri, Mukari, Mubi. Our immediate past chairman of Mubi branch is today a member of the assembly. They live there, they pay their practising fees there. It is these practising fees that we used in building the NBA secretariat.
Why is NBA getting involved?
Everybody has a role to play in this. But we feel that as a group in NBA, we should do something positive to change the situation. Everybody is complaining but on our part, we cannot accuse the military of committing human rights atrocities and we can also not exonerate them because we have not done any investigation. All we are saying is that we have heard all these hues and cries of the military saying we don’t have atrocities and the civil societies saying that there are atrocities. We don’t want to choose sides. But what we think we know is that there are rules of war that have long been established. There are rules of engagement that have long been established and cystalised. We owe it a duty to our country to go and remind all our soldiers, those who do not know to educate them; those who were taught and forgotten to remind them and we believe that it would have a positive impact.
What are your expecations ot the new federal cabinet?
First, I want to commend the President for appointing not less than 10 of our members as ministers. Second, for our members, we have assured them of our support. We have also drawn their attention to the fact that they are ambassadors of the bar and that whatever they do while they are there would have an impact on the bar positively or negatively; that they should, at all times be above board. That they should be performing ministers at all times and be the top ten at all times. For the AGF Abubakar Mallami (SAN), he is somebody who I know closely and is passionate about the rule of law, passionate about democratic values and passionate about our judiciary and how to improve upon it. So, when the names of ministers were announced, we were not surprised that he became the AGF. But the most important thing for us to do at this time is to fix our legal system and one of the best ways to fix our legal system is by taking certain legislative interventions. If by the grace of God, these interventions are taken by the new administration, they would make other things fall into place, and then we would have a very good justice delivery system. I congratulate Alhaji Mallami. I wish him the best and I have no doubt in my mind that with his commitment, he will succeed in the office to which he has been appointed.
How far have you gone with the NBA Pro-Bono project?
Not as fast as we should be going. We have interviewed some people because we need a client head and an account head to head our pro-bono project and be a Director of our Pro-Bono Services who would have his own office outside our NBA secretariat. We have interviewed but we have not found somebody suitable. So secretariat is still managing it. The head hunting is still on.
How has the Stamp and Seal policy worked out?
It has been monumental and the fake lawyers are fighting back. All the fight you see in the press against the seal is from fake lawyers on a daily basis. For a number of applications received by the secretariat and processed daily, there has been cases of ‘names not found in register’, and any application that comes to us is signed by the branch chairman. I can assure you, as at September when I asked, we have found over 1,000 fake lawyers practicing in Nigeria.
What has been done to them? Is there any follow up?
There is none for several reasons. Firstly, there is no time bound to prosecute a criminal matter. So, for us, prosecution is not key. We are implementing a policy that was introduced in 2007 and we are getting resistance. So, let us settle ourselves in-house first. When a house is in disarray, you can’t go out to fight. You have to put your house in order first. Now, the Supreme Court has affirmed it.
To what extent have you sensitised judges to accept this policy?
The NBA Stamp and Seal Policy was introduced by Bayo Ojo, a former AGF in 2007. So everybody has known about it. The only thing that was missing was the provision that says “a Stamp and Seal approved by NBA”. NBA has not come out to say this is what we have approved. So, when I came on board, I said we must approve it and we issue a practice license with it. The one that we have is as good as Naira note. That is their problem as they cannot fake it. It was done in France by people that make mint. Once you put it on your paper, you cannot remove it and when you try to remove it, it would tear your paper.
Now people go to embassy and they asked them, do you have a practice licence, they say yes and they give them visa. Some others go, including senior lawyers and they asked them, did you bring your practice licence? and they would say they didn’t. Then they would tell them when you bring it, we would consider your visa application. Then they would walk up to the secretariat. This is the first time in the history of the bar that people are paying practice fee in October and November because the courts are now implementing the Stamp and Seal policy.
The Supreme Court has made it easy for us and I think we should thank the Supreme Court, not because it said the policy should be enforced but because of the way the judgment came about.
The judgment has come out in a way that no litigant will be punished. As long as you are working with a lawyer, you will not suffer disability. If I take objection that a lawyer did not put stamp, the court would ask him, where is your stamp? If he has it there, he can then apply it. If he doesn’t have, the court can adjourn to enable the lawyer put his stamp on the document. So it makes us happy.
Plateau State Governor Simon Bako Lalong has urged lawyers to contribute to the fight against corruption.
The governor, who vowed to improve the quality of life of Plateau people through a transparent administration, made the remarks while declaring open the 2015 Nigerian Bar Association (NBA) Law week and Justice Dauda Azaki Memorial Lecture at Crest Hotel, Jos, with the theme: Law, Corruption and National Development.
The topic was timely, Lalong said, as it keyed into the change mantra anchored on using the instrumentality of the rule of law to check corruption in public and private life.
“I have said it repeatedly that the Plateau State Government will continue to support every laudable programme that will enhance good governance and by extension catalyse the delivery of the dividends of democracy to our people.
“You will no doubt agree with me, that as we strengthen the law, and fight corruption with the instrument of the law, our development as a nation is guaranteed. It is in this, that I find a charge for you as ministers in the temple of justice,” he said.
Lalong added that Justice Azaki lived a life of sacrifice and service to humanity.
He said: “I am excited by the feeling that, year in – year out, we have used the character of courage, commitment, incorruptibility and the fear of God in the life of this Icon, to encourage the judiciary and legal practitioners to live by their oaths of service and call.
“I challenge society to evolve a mechanism for acknowledging good works when somebody is alive, as Berton Bralley says, ‘now is the time to slip it to him for he cannot read his tombstone, when he is dead’.
He continued: “As we celebrate the life and times of this legal titan and jurist, who was courageous and fearless in the dispensation of justice and contributed in no small measure to the growth of the judiciary in Plateau State, I urge all to emulate his virtues of truth, equity and justice which brought dignity to the Bench and Bar.”
The governor said his administration is committed to enhancing the justice delivery system.
By some stroke of providence, Lalong declared, the activities of government in the last one month have revolved around justice delivery.
“We will do all within our means to complete the High Court Complex under construction. As a practitioner in the temple of justice, I am very conversant with the role of the judiciary in enhancing the practice of democracy.
“Law as the fulcrum upon which democratic principles and practices are accentuated, requires a functional judiciary that gives interpretation to the law and justly dispenses justice according to the interpretation of that same law.”
“We, therefore, will support and strengthen the pursuit of justice across the Bar and Bench.”
