The Nation Newspaper

Tag: Malami

  • Why insecurity persists, by Malami, Oyebode, Apata

    The Minister of Justice and Attorney General of the Federation, Abubakar Malami, Professor of Law, Akin Oyebode and the Solicitor General of the Federation, Dayo Apata, on Thursday identified factors behind the intractable security challenges in the country.

    Malami attributed the problem to the rising political activities in the country and activities of treasury looters, who are uncomfortable with the current administration’s anti-corruption efforts.

    Oyebode blamed the problem on inadequate inaction of government and its agencies.

    Apata called for a collaborative effort of all stakeholders to address the security challenges plaguing the country.

    They spoke at an event tagged: “An emergency high level dialogue on law, justice and security in Nigeria,” put together by Federal Ministry of Justice in Abuja.

    The two-day event being attended by states’ Attorneys-General and other stakeholders in the nation’s legal circle, according to Malami, is designed to ensure a more potent legal response to the country’s present security challenges.

    The AGF regretted the negative effect of the incessant killings on the government’s effort to engender peaceful coexistence among Nigerians.

    The AGF said: “As we are all aware, these horrendous incidents in Plateau State were not isolated events but followed a pattern in some other states, notably Benue, Taraba, Zamfara and Adamawa States which has become a deep source of concern to the Federal and State authorities.

    “The statistics of deaths and displacement in these incidents involving various communities are depressing and alarming and appear designed to challenge our common humanity and claims to civilization in the 21st Century.

    “From an informed assessment of the situation, permit me to first situate the apparent upsurge in these incidents to the advent of another political season of elections and the fierce contestation for power which appears to now over-shadow all pretensions to patriotism and respect for human lives, in certain quarters.

    “You will recall that when this administration came to power in 2015, it made security of lives and property a cardinal principle of its governance.

    “Tremendous successes were achieved, particularly in decimating and degrading the Boko Haram terrorist group.

    “As we approach another general election in 2019, it is easy to see the hands of corrupt politicians with contrary positions in our present security problems as they desperately attempt to discredit all the gains made by this administration, for pure political gain. We must resist these negative tendencies.

    “The greater danger to our collective survival remains the fact that we are not fully out of the grip of this corrupt, privileged class, despite the best intentions and efforts of the Buhari administration.”

     

  • Lawmakers can’t threaten President, says Malami

    Attorney-General and Minister of Justice Abubakar Malami (SAN) has faulted the National Assembly over some impeachable issues raised against President Muhammadu Buhari.

    He also said any senator or a member of the House of Representatives accused of any wrongdoing must be investigated by the appropriate agency.

    He said he could not come to terms on why the National Assembly passed a vote of no confidence on Inspector-General of Police Ibrahim Idris.

    Malami bared his mind on Wednesday night while featuring on a Channels TV programme, “The Core”,  anchored by Kadaria Ahmed.

    The AGF said instead of the National Assembly challenging Buhari on insecurity and unemployment, it should realise that it failed to pass the 2018 budget on time.

    He said: “Issues were raised by the National Assembly during their session that they think constituted perhaps misconduct, but then within the context of the issues raised, we need to reassess them. Let us take, for example, the issue of insecurity or perhaps the issue that borders on unemployment, among others.

    “For the past seven months,  for example, the Executive placed the budget before the National Assembly for passage. For instance, you have around N1trillion that was intended to address insecurity but it has just been passed.

    “On unemployment, over N900 billion was embedded in the budget and meant for social investment programme of the Federal Government. Within seven months period, senators, for instance, were taking over N3billion as wages within the seven months while the social security investment meant for the masses was not attended to.”

    On the allegations against some members of the National Assembly by the police and security agencies, Malami said.

    He added: “My immediate reaction to it is that you have to look at the issues and not the personalities. The time is right in this country when we have to start separating individuals from the institutions.

    ”Fundamental issues of consideration when an allegation is made is whether there is indeed an issue or not.

    “If, for instance, someone is alleged to have committed an offence and there are reasonable grounds for suspicion, there should be investigation. Are we now saying that simply because he belongs to the legislature, Senate or House of Representatives, he should not be investigated simply because he belongs to that institution?”

    Malami said oversight responsibility by the National Assembly was not open ended.

    He also said he could not come to terms with the reality of the declaration of the vote of no confidence on the IG by the National Assembly.

    “Before analysing or coming to conclusion as to whether the oversight functions have been properly conducted by the National Assembly, I think the major consideration has to be situated within the context of the constitution. Within the purview of the constitution, if you look at Section 4 of the constitution alongside Section 88 of the constitution, I think the fundamental functions of the legislature is lawmaking within the context and spirit of Section 4 of the constitution and two, is oversight.

    “The oversight function is not open-ended in all sincerity. Within the context of the workings of the ministries, departments and agencies, the major responsibility of the National Assembly is exposing  corruption. That is the bottom line. I cannot in all sincerity come to terms with the reality of the declaration of the vote of no confidence against the IG, where to situate it within the context of the lawmaking responsibility of the National Assembly and within the context of exposing corruption.”

    Malami said: ”We must within the context and spirit of democracy learn to operate within bounds of our respective constitutional rights, responsibilities.”

  • Malami faults NASS on impeachment plot against Buhari

    The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), has faulted the National Assembly over impeachable issues raised against President Muhammadu Buhari.

    He also said any senator or member of the House of Representatives indicted for wrong doing must be investigated by the appropriate agency.

    The AGF said he has not come to terms on why the National Assembly passed a vote of no confidence on the Inspector-General of Police, Ibrahim Idris.

    Malami bared his mind on Wednesday night while featuring on a Channels TV programme, “The Core,” which was anchored by ace broadcaster, Ms. Kadaria Ahmed.

    He had appeared on the programme with the spokesman of the Senate, Aliyu Sabi, the representative of the Inspector-General of Police, DIG Habila Joshak and a human rights activist, Mr. Clement Nwankwo.

    The AGF said instead of the National Assembly challenging Buhari on insecurity and unemployment, it should realize that it failed to pass the 2018 budget on time.

    He said: “Issues were raised by the National Assembly during their session that they think constituted perhaps misconducts but then, within the context of the issues raised, we need to reassess them. Let us take for example the issue of insecurity, or perhaps issue that borders on unemployment among others.

    “For the past seven months, insecurity for example, the Executive placed the budget before the National Assembly for passage. For instance, you have around N1trillion that was intended to address insecurity but it has not been passed.

    “On unemployment, over N900 billion was embedded in the budget and meant for social investment programme of the Federal Government. Within seven months period, senators for instance were taking over N3billion as wages within the seven months while the social security investment meant for the masses was not attended to.”

     

  • Osinbajo meets IGP, DSS chief, AGF in Aso Rock

    Vice President Yemi Osinbajo on Monday met behind closed doors with the Inspector- General of Police, Ibrahim Idris, the Director- General of the Department of State Services (DSS), Lawal Daura and the Attorney General of the Federation and Minister of Justice, Malami Abubakar.

    At the end of the meeting, the IGP declined comment on the outcome of the parley.

    He directed journalists who approached him to meet Osinbajo’s staff on the outcome of the meeting.

    Before the meeting, Osinbajo, Abubakar Malami, and Daura were seen around President Muhammadu Buhari’s office separately.

    The issues discussed at the meeting may not be unconnected with the police invitation of the Senate President, Bukola Saraki, over the Offa bank robbery.

    At a press conference in Abuja on Sunday, the Police Public Relations Officer (PPRO), Moshood Jimoh, said Saraki was linked to the Offa robbery for allegedly supplying arms and vehicles to political thugs who were arrested for their involvement in the bank robbery.

    Saraki had declared the accusation as baseless and another ploy by the police to implicate him by all means.

    However, in a dramatic twist, the police on Monday evening asked the Senate president to respond to the allegations within 48 hours.

  • Onnoghen, Bulkachuwa, Malami, others advocate reform of tax laws

    Chief Justice of Nigeria (CJN) Walter Onnoghen, President, Court of Appeal (PCA) Justice Zainab Bulkachuwa, Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami, Chairman, Nigerian Law Reform Commission (NLRC) Kefas Magaji and others have given  hints  on how the country can raise its dwindling revenue.

    Onnoghen, Bulkachuwa, Malami, Magaji, Director General, Nigerian Copyright Commission (NCC), Afam Ezekude and his counterpart in the National Institute for Legislative and Democratic Studies, (NILDS), Prof. Ladi Hamalai suggested a holistic reform of the nation tax legal regime to ensure more Nigerians are captured within the tax system.

    They are  of the view that a robust and efficient tax legal regime will aid the Federal Inland Revenue Service (FIRS) to effectively apply existing tax laws, which in turn, will result in enhanced tax earnings for the country.

    They spoke in Abuja on Tuesday at the opening session of a workshop on the reform of the FIRS (Establishment) Act, 2007, held by the NLRC.

    The CJN, epresented by Justice Kumai Akaahs of the Supreme Court, noted that the nation urgently needed to diversify its sources of revenue to remain afloat in view of the dwindling income from oil.

    Onnoghen said: “I think it is about time that our tax laws are reformed in such a way that it is not just only wage earners (those who work in the office) that pay tax.

    “We must ensure that everybody, who is engaged in any economic activity also pays his/her tax, ” the CJN said.

    The PCA, who was represented by Justice Emmanuel Agim of the Court of Appeal, Abuja, noted that the success of any reform initiative in the tax sector was dependent on the disposition of the implementing agency.

    Bulkachuwa said: “Law reform must be a continuous process. It helps the laws of the land to meet the change circumstances of the society so as not to render law irrelevant to the new circumstances of the time.

    “The starting point for an effective reform is a demonstrated commitment by the principal enforcing authority to the ethical, transparent, efficient and effective application of the existing law particularly, the underlying principles.

    “Without this, while reform may generate legislative and structural changes, it will not be effective. This will ensure that proposals for reform, which comes mainly from the principal enforcer of the law, are genuine, well informed and experience inspiring,” the PCA said.

    Malami praised the NLRC for the initiative, which he said  was in line with the nation’s need to diversify its revenue sources.

    The AGF, who was represented by the Director, International Comparative Law Department, Mrs. Stella Anuka, urged the workshop participants to ensure that all existing inadequacies in the current FIRS Act were identified and thoroughly addressed.

  • Malami assures forensic auditors of Buhari’s assent to bill

    The Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami, has assured the Chartered Institute of Forensic and Investigative Auditors in Nigeria (CIFIA) that President Muhammadu Buhari will sign the CIFIA Bill once it is passed by the National Assembly.

    The CIFIA Bill is currently before the lawmakers.

    The minister gave the assurance when the association’s  President, Dr Victoria Enape, led a team from the institute  to visit him in Abuja.

    The AGF was also conferred with fellow of the institute.

    The AGF, who said he was optimistic that Buhari would assent the CIFIA Bill, said the institute’s activities were in tandem with the anti-corruption fight of the President’s administration.

    The minister said: “This, indeed, CIFIA is an association that the ministry will be keen and exceptionally interested in partnering with in terms of collaboration, cooperation and working together fundamentally on three plans.

    “CIFIA is an institute that is rooted in the fight against corruption; it is an institute that can help the Federal Government in tackling the menace of insurgency and it can help in rooting out elements of fraud in bureaucratic processes and administration.

    “To that extent, we believe that collaboration with CIFIA will eventually pay off by way of engaging the services being provided by Federal Government and reduce corruption in governance.

    “In relation to the pending bill, it is the desire of the Federal Government, to see to the passage of the bill because of its immense contribution to breaking to associated leakages inherent in our system.

    “The Federal Government will be readily available to support the bill and see to its assent in the context of national interest.”

    Malami said that as far as the CIFIA Bill was concerned, the institute and the Federal Government shared things in common.

    Mrs Enape, had earlier in her remarks, said CIFIA had been desirous of identifying with the AGF because of his sterling performance.

    “We are the one of the world’s leading provider of anti-fraud organisation offering training and education; we offer opportunity for energetic and practical professionals to learn the basic that go beyond knowledge of accounting, auditing and finance.

    “CIFIA strives to promote the need for transparency in advanced audit through certification, training, conferences and seminars in forensic auditing field.

    “We carry out specialised fraud investigation by utilising using specialised forensic audit tools and equipment. Forensic auditors are mainly professionals from accounting background, lawyers, bankers, criminologists, cyber security experts among others.

    “It is not limited to accountants; that is why we are unique.  Our training cuts across all these areas. It cuts across investigation, auditing and accounting; it integrates accounting, auditing and investigative skills in resolving fraud cases.

    “It encompasses litigation support, witness testimony, presentation of expert document that shows fraud- that is why this ministry if very important to the institute,” she said.

     

  • FG accuses banks of shielding owners of accounts without BVN

    The Federal Government on Friday accused commercial banks in the country of shielding owners of accounts without Bank Verification Numbers (BVN) in a bid to frustrate the intention of the policy which is to curb the flow of illicit funds and corruption.

    The federal government stated this at the hearing of the suit filed through the Attorney General of the Federation and Minister of Justice, Abubakar Malami, against the 19 commercial banks and the Central Bank of Nigeria (CBN).

    Lawyer to the federal government, Ade Okeaya-Inneh (SAN), said “our contention is that the banks do not have the locus (legal right) to defend this action (suit).

    “Our contention is that the plaintiff has a public duty to ensure that a law made by the federal government through the CBN is obeyed. The problem is if the directive to have BVN is not complied with, what is the implication? What is before the court is the implementation of a regulation.

    “If the defendants say they did not know who own the money in the accounts without BVN, how can they then come to defend the case?

    “What locus do they have if they did not disclose the owners of the money despite the order of the court to that effect? If they are to be heard, on whose behalf?

    “They (the lawyers representing the respondents) are defending the suit on behalf of the bank, but the action and the order of the court is not against the banks per se, it is against the supposed owners of the funds.

    “The court’s order was for them to verify the owners of the accounts. They have not done that and did not disclose any body as the owners of the accounts.

    “So, we are arguing that they cannot act for unknown persons, whose identities they have not disclosed. If they do not know who their customers are, then they cannot defend the suit.”

    He urged the court to reject all the processes filed by the defendants in the case.

     

     

  • FG pays N135m compensation to victims of DSS killings

    The Federal Government on Thursday paid N135million compensation to 19 victims of the September 20, 2013 shooting by Department of State Services ( DSS ) operatives at an uncompleted building behind the Apo Legislative quarters in Abuja.

    The payment made on behalf of the federal government by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, was in compliance with the 2014 recommendations made by the National Human Rights Commission (NHRC).

    Soldiers and DSS operatives had invaded the uncompleted building and shot eight people dead.

    11 other people were injured in the incident.

    The security agencies had claimed the victims were killed in self defence.

     

  • Group urges Buhari, Saraki, Malami to facilitate CJ’s confirmation

    President Muhammadu Buhari, Senate President, Bukola Saraki and Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami have been urged to hasten the confirmation of Justice Adamu Kafarati’s appointment as the substantive Chief Judge (CJ) of the Federal High Court (FHC).

    A group, the International Human Rights and Anti-corruption Society (IHRAS), made this request after rising from its international council meeting held in Uyo, the Akwa Ibom State capital on April 13.

    The group, in letters of appeal to the leadership of the Executive, Legislature and Judiciary, said its members, observed with dismay the seeming conspiracy to retain Justice Kafarati in an acting capacity.

    It argued that the delay on the part of President Buhari to send Justice Kafarati’s name to the Senate for confirmation did not only amount to abuse of office, it was oppressive and threatens the independence of the Judiciary.

    The Nation recalls that Justice Kafarati, who is the court’s  most senior judge, has been its acting CJ since last September 16, when the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen swore him in as Acting CJ pending the confirmation of his appointment by the Senate as required by the Constitution.

    The National Judicial Council (NJC), empowered by the Constitution to nominate and recommend a fit a proper person for the president’s appointment as the CJ of the FHC has, since last year, recommended Kafarati to President Buhari, a recommendation the President has refused to act on.

    IHRAS argued that since there was no law that allows the President the discretion to withhold NJC’s recommendation for the position of the CJ of FHC, President Buhari would only be acting unlawfully by his continued reluctance to send Justice Kafarati’s name to the Senate for confirmation.

    The group, in its letter to President Buhari, endorsed by its Director-General, Dr. U. O. Udofia and Secretary, M. T. Kachina, argued that there was no justification for the continued non-confirmation of Justice Kafarati’s appointment as a substantive CJ.It contended that since there was no known case of unethical conduct pending against Justice Kafarati, his nomination and recommendation by the NJC was all that was legally required for President Buhari to forward his name to the Senate for confirmation.

    IHRAS said President Buhari’s delay in seeking Justice Kafarati’s confirmation might have been informed by either his belief that he had discretion on the issue or that he has not been properly advised by the AGF.

    Part of the letter reads: “At the international council meeting held on Friday, 13th April, 2018, attended by all  IHRAS’ international directors, the issue of the non-confirmation and swearing in of Justice Kafarati as the substantive Chief Judge of the Federal High Court, without any known justification, was discussed at length by members, who expressed concern.

    “The meeting, therefore, resolved to write and appeal to President Buhari,  AGF, Abubakar Malami (SAN), the Senate President; the Speaker, House of Representatives and the Chairman of the NJC and CJN to act in unison and ensure Justice Kafarati’s confirmation without any further delay.

    “Our position is informed by the fact that  the uncertainty created around the fate of the Acting CJ of the Federal High Court was not only capable of negatively impacting on the moral of other judges of the court, it threatens the independence of the Judiciary.

    “Where judges’career progression is allowed to be dictated by the Executive, it weakens public confidence in the Judiciary and casts doubt on the integrity of the institution in the eyes of the international community.

    “Nigerian leaders, at this critical time, when the country badly requires international investment, cannot afford to be arbitrary and thereby creating an image of instability and uncertainty in the eyes of the civilised world.

    “The President of Nigeria must put his house in order and ensure that Justice Kafarati’s appointment is urgently confirmed.

    “The Legislature, as constituted by the representatives of the people, must prevail on the President and the AGF to perform their constitutional responsibilities in ensuring that the Federal High Court has a substantive Chief Judge.”

  • Fed Govt collaborating with UK to end anonymous company ownership, says Malami

    THE Federal Government is working with the United Kingdom (UK) to end the practice, where companies are registered with fictitious or anonymous identities.

    Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN), who spoke in Abuja yesterday, said the step was necessary because such companies with hidden owners have become tools for capital flight and illicit financial flows.

    He said the Federal Government was working with the UK authorities through the Corporate Affairs Commission (CAC) to ensure that the issue is effectively addressed.

    Malami also said the government has made progress in its effort to establish a public register of beneficial owners of companies.

    The AGF said there was already in place a Memorandum of Understanding on the “co-monitoring” of the spending of the funds looted from the Nigerian treasury by the late former Head of State, Gen. Sani Abacha, and recently repatriated from Switzerland.

    Malami spoke through the Permanent Secretary and Solicitor-General of the Federation, Dayo Apata, who addressed a news conference on the recent election of Nigeria into the ‘global steering committee’ of the Open Government Partnership.

    He said by virtue of its election, Nigeria will now serve alongside France, Argentina and Romania for a period of three years, beginning from October 2018.

    The AGF said the effort by Nigeria to end the era of anonymous company ownership was part of the implementation of activities agreed in the National Action Plan created by government while working with non-state actors and civil society organisations.

    Malami  said apart from the effort towards establishing public register of beneficial owners, a new legislation that would ensure that data was made available to the public had been sent to the National Assembly.

    He said the law “should become enforceable before the end of the year 2018”.

    The AGF said: “As many of you are aware, government has made significant efforts in asset recovery.

    “A recent Memorandum of Understanding on the co-monitoring of the expenditure of Abacha loot repatriated from Switzerland has been described by stakeholders as model for other countries on how best to transparently utilise looted fund when they are returned to their countries of origin.

    “This is in line with our deliberate policy to have clear and transparent guidelines for managing all recovered assets in line with the anti-corruption commitments in the National Action Plan.”

    Also speaking, the Special Assistant to the President on Justice Reform, Mrs. Juliet Ibekaku, said stolen public funds recovered by the Federal Government were being paid into a dedicated account with the Central Bank of Nigeria (CBN), which in turn, transfers such funds into the Federation Account, from where they are utilised to fund the budget.