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Tag: Malami

  • Maina: Malami fails to stop National Assembly’s probe

    Maina: Malami fails to stop National Assembly’s probe

    •Court orders AGF to put respondents on notice

    Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) failed on Monday in his bid to halt the ongoing probe, by the National Assembly, of the controversial reinstatement of former Chairman of the Presidential Pension Task Team, Abdulrasheed Maina.

    Justice Binta Nyako of the Federal High Court, Abuja declined to grant an ex-parte motion by Malami, seeking principally, to stop the National Assembly’s probe of Maina’s controversial reinstatement into the civil services.

    Although the proceedings took place in the judge’s chambers, it was learnt Justice Nyako ordered the AGF to put the respondents on notice, by serving them with court papers, to enable show cause why the motion should not be granted.

    The judge adjourned January 15 for possible hearing.

    The AGF is, by the motion, asking the court to determine if the National Assembly has the right to probe issues relating to the “employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant.

    It is his argument that the power of investigation vested the National Assembly by Section 88 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is limited and could be exercised within the confines of Section 88 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

    Malami argued that, as the nation’s Chief Law Officer and Attorney General of the Federation, it was his responsibility to ensure that  the Federal Government of Nigeria and or any of its cognate organs/agencies comply with the express or implied contents of extant judgements and orders of competent courts in Nigeria.

    He contended that the National Assembly could not constitute itself into a quasi-appellate court, tribunal or panel with a view to reviewing any executive action taken in compliance with the adverse judgment in suit No: FHC/ABJ/CS/65/2013.

    Malami wants the court to among others, declare that: “the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant are matters outside the Exclusive and Concurrent Legislative lists contained in the Constitution of the Federal Republic of Nigeria 1999 (as amended).

    He seeks a declaration that the National Assembly cannot legitimately regulate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant, which are matters exclusively within the purview of the Federal Civil Service Commission under the Constitution of the Federal Republic of Nigeria 1999 (as amended).

    Malami also wants the court to declare that the National Assembly lacks the legislative competence to investigate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant which are matters exclusively within the purview of the Federal Civil Service Commission under the Constitution of the Federal Republic of Nigeria1999 (as amended).

    This suit contradicts Malami’s position in another suit filed before the Federal High Court in Kaduna by Maina, challenging the arrest warrant issued against him by an Abuja court at the instance of the Economic and Financial Crimes Commission (EFCC).

    Malami, in his counter affidavit to the suit, urged the court to dismiss it and allow the EFCC, the government agency that got the arrest warrant, to proceed with Maina’s arrest and prosecution.

    The AGF told the court that granting any of the reliefs sought by Maina in his suit, will do incalculable and permanent damages to the nation’s fight against corruption as well as reverse all gains made so far.

  • Malami, ‘Mainagate’ and Buhari’s integrity

    Malami, ‘Mainagate’ and Buhari’s integrity

    Integrity is President Buhari’s most priceless asset. This has unfortunately come under serious threat in recent times with macabre dance among arms of state security services and the embarrassing role of Abubakar Malami, the Attorney General and Minister of Justice in the unfolding ‘Mainagate’. The President has maintained a dignified silence. And if the public was expecting the president to use the big stick against members of his kitchen cabinet engaged in a turf war capable of denting his image, what they got was loud silence.

    Of course we are now very familiar with the president’s style. He keeps his head when others are losing theirs. It must also be conceded to the president that as a leader that has experienced pains of defeat and suffered pangs of sorrow following betrayal by those who swear by his name during the day and engage in palace coup in a night of long knives. He understands Nigeria and Nigerians.

    As a defeated ANPP presidential candidate in 2003 and 2007, his vice presidential candidates and party chairmen were the first to abandon him while he battled PDP election riggers in courts. As a victorious APC president-elect in 2015, Saraki, Dogara with the active support of Atiku Abubakar, their godfather who crawled back to PDP last week, traded off his victory to the opposition.

    As he valiantly battled inherited decayed infrastructure and economy in recession, those who brought the nation to its knees recommended devaluation of naira in an import-dependent economy, wrote-off his minister of finance as incompetent, and canvassed for a reconstitution of an economic team to tackle the economic crisis.  Suddenly, those we all know as lawyers and human right social crusaders were on television predicting a long-drawn recession while accusing Buhari of harming the banks with the implementation of a policy that hitherto allowed banks to hold on to government funds which they give back to government as loans with high interest rate.

    And perhaps because against predictions of prophets of doom, recession ended within a year and Treasury Single Account has liberated government from being held hostage by banks that sit on government funds which they give back to government as loans with interest, Buhari has come to believe his ‘suru-lere’ (virtue in waiting patiently without doing anything) can be a substitute for governance.

    I think Nigerians want their elected government to govern. They want the president to start by first putting his own house in order.

    First, most Nigerians have come to regard the minister of justice as an embarrassment to Buhari’s government. Junaid Mohammed, who holds no hostages, describes him as “Kano charge-and-bail lawyer’. He insinuated that Malami probably has a secret agenda for embarking on an alleged ‘trip to London for a secret meeting with a fugitive minister’ and for attempting ‘through some subterranean connection to quash the fine imposed on MTN by the government regulator, the National Communications Commission”.

    If there is one area where Junaid sees eye to eye with Buhari’s government, it is on Magu’s competence and integrity in prosecuting the president’s anti-corruption war. Of Magu, he says “I believe from my heart of heart that the Economic Financial and Crimes Commission (EFCC) is doing an excellent job”. Unfortunately, this is one organisation Malami and the DSS seems not to have confidence in.

    For instance, while testifying before Senator Emmanuel Paulker’s committee last week, Malami alleged “Nigerians were “blind folded” from getting answers to: What happened to the monies recovered from the syndicate?  What about the 270 properties comprising of real estate and motor vehicles one of which is a mansion worth N1 billion situated at No 42 Gang Street Maitama Abuja allegedly given to a senior lawyer meant to crave for his “buy in” in maximizing media hype aimed at distracting the attention at the public pension fraud?”

    Concluding he said “These properties are under the custody of the EFCC. The properties as we speak have been shared among top officials of the commission, friends and family members, including lawyers of the agency.”

    He made similar allegation before the Aliyu Madaki-led House of Representatives ad hoc committee investigative hearing on the disappearance, reinstatement and promotion of Maina.

    But denying all, EFCC has said “All the pension fraud assets that are in the recovered assets inventory of the commission were products of independent investigation by the EFCC, for which Maina and his cohorts had no clues. If Maina or any government official witnessed the sharing of any recovered pension assets by any official of the EFCC, they should be willing to name the official, the assets involved; when and where the ‘sharing’ took place”. And hitting Malami below the belt, it says “However, in view of the consistent display of public ignorance about the profile of recovered assets by even those who should know, it is important to state that it is impossible for anybody to share a property that is subject of interim forfeiture by court.”

    Femi Falana (SAN), respected human right crusader has also accused Malami of mischief claiming Malami was trying to malign his name for “joining other well-meaning Nigerians in calling on President Mohammadu Buhari to sanction the members of his administration who had exposed the nation to ridicule”. ‘Contrary to Mr. Malami’s claim, I never bought any property from the Economic and Financial Crimes Commission (EFCC)’, he insisted.

    While the president by his own inaction is providing ammunition to the opposition for the 2019 battle which they will likely lose on account of their baleful legacies even if Buhari contests on a wheelchair, there are however some begging questions that have to be answered before then. “The reinstatement of Maina’’ according to Malami “was done with no strings attached, based on court processes and the fact that none of the parties exercised their rights of appeal. I acted in the best interest of Nigeria, not on any individual’s interest”. How come the minister of justice was more interested in reinstating a wanted fugitive than how a wanted fugitive secured a court judgment?

    Malami claimed he got clearance from security agencies and National Security Adviser Babagana Monguno before his meeting that was arranged through a third party with Maina in Dubai, United Arab Emirate (UAE) where he was availed of further information on recovery drive and individuals involved. Again borrowing from Junaid Mohammed’s probing questions: In what capacity did Malami undertake this trip? Did he at the end of the suspicious trip avail EFCC, an agency he supervises and other security agencies of his findings that “pension fraud was beyond Maina, adding that a syndicate that cuts across all sectors, including serving and retired public officers, including members of the National Assembly, was involved in cornering N3.7b monthly from pension funds.’

    If he got the information that “there were over 116,000 ghost workers responsible for N829m monthly spread across 29 bank accounts”, apparently from Maina the culprit now trying to play the victim, why did he not pass the information to the appropriate body equipped to investigate instead of directing “his office to begin investigation into the pension fraud in some key Ministries, Departments and Agencies (MDA)”? And if as he said that ‘Maina was part of the syndicate until things fell apart between them’, how does his reinstatement become ‘the larger interest of Nigerians’?

    Both the Head of Civil Service of the Federation (HoCSF) Winifred Eyo-Ita and the acting Chairman of the Federal Civil Service Commission (FCSC), Joseph Oluremi confirmed citing the AGF letter requesting Maina to be reinstated, is Malami now the government? His actions seem to fuel the fears expressed by the president’s wife about those trying to hijack her husband’s government several months back.

  • Malami: 222 assets recovered by Maina shared among govt officials, others

    Malami: 222 assets recovered by Maina shared among govt officials, others

    Attorney-General and Minister of Justice Abubakar Malami claimed yesterday that about 222 assets were recovered by the Presidential Task Force Team on Pension Reform.

    They were shared among some highly-placed Nigerians with links to the Economic and Financial Crimes Commission (EFCC), he alleged. The EFCC insists the assets are intact.

    The team is headed by fugitive civil servant Abdulrasheed Maina.

    Malami alleged that his signature on the document that ordered Maina’s reinstatement into the civil service might have been forged because he did not sign such a memo.

    These are among the issues contained in a 13-page memorandum dated November 14 Malami sent to the Senator Emmanuel Paulker-led Senate committee probing  Maina’s controversial reinstatement before President Muhammadu Buhari ordered him to be fired.

    In what is a new twist to the Maina saga, Malami said houses and exotic vehicles that the task force recovered were also shared to some officials of the EFCC.

    He mentioned a property at  42, Gana Street, Maitama Abuja, which he claimed is worth N1 billion. He said it was allocated to a Lagos lawyer to buy.

    The No. 42 Gana Street, Maitama property was said to have been recovered from Dr. Shaibu Teidi, a former Director of Pensions Accounts, Office of the Head of Civil Service of the Federation.

    Malami, who said in the document that Nigerians were “blindfolded” from getting answers to two pertinent questions:

    ”a. What happened to the monies recovered from the syndicate?  What about the 222 properties comprising real estate and motor vehicles, one of which is a mansion worth N1 billion situated at No 42 Gang Street Maitama, Abuja, allegedly given to a senior lawyer meant to crave for his  ”buy in” in maximizing media hype aimed at distracting the attention at the public pension fraud?

    Malami praised the Senate for the opportunity to engage with Nigerians on the matter by “rising above the conspiracy of the pension predators that set in aggressive press negative campaign against me and allowing me an opportunity to address Nigerians, thereby upholding the national interest as against the interest of the chain of pension predators.”

    Sources close to the committee indicated that Malami, who had appeared three times to expatiate on the memo, insisted that he did not sign the memo that ordered Maina’s return.

    The AGF was said to have claimed that desperate people bent on smearing his image might have been behind the alleged forgery.

    In another document also submitted to the committee, a group of concerned pensioners claimed that 270 properties recovered by the Taskforce Team were in the custody of the Economic and Financial Crimes Commission (EFCC).

    Part of the document reads: “These properties are under the custody of the EFCC. The properties, as we speak, have been shared among top officials of the commission, friends and family members, including lawyers of the agency.”

    The group, which went ahead to list over 63 estates and properties with names of the original owners, prayed the Senate to dig deep to unravel how the recovered properties and assets were shared and who got what.

    The Senate mandated its ad-hoc committee i to probe alleged sharing of 222 mansions. It also extended the sitting time for the Paulker  Committee, following a request.

    The mandate followed the alarm raised by Paulker over alleged “re-looting of choice properties recovered by Maina by EFCC officials”.

    Paulker, who raised a Point of Order, told the Senate that about 222 recovered properties, including houses and hotels handed over to the EFCC by Maina before his removal, had been shared by top EFCC operatives and other persons of influence in the EFCC.

    The panel chairman said the committee got wind of the fraudulent sharing of the recovered properties from submissions made to that effect by some of the invited government officials connected with Maina’s reinstatement and promotion.

    Paulker urged the Senate to expand the scope of his committee’s investigation to include tracing those involved in sharing the recovered properties and assets.

    He said: “For this alarming revelation sir, this committee requests the Senate to expand the scope of its investigation on Maina by extending it to the management of assets recovered by him and handed over to EFCC  before his removal as Chairman, Presidential Task Force on Pensions in 2014 and,  by so doing, extend the duration of the assignment .”

    Senate President Bukola Saraki put the request to a voice vote and it was unanimously okayed.

    Saraki said: “This is a very serious matter and more of large scale corruption going on in a forbidden place.  We just hope that it remains at the realm of allegation and not as it is presented.”

  • Malami tells Senate panel: I met with Maina in Dubai

    Malami tells Senate panel: I met with Maina in Dubai

    Justice minister admits writing commission

    ‘Maina ran account through sms, e-mail’

    A clearer picture of  Attorney General of the Federation and Minister of Justice Abubakar Malami’s role in the reinstatement of fugitive civil servant Abdulrasheed Maina emerged yesterday.

    The minister admitted before a Senate ad hoc panel probing Maina’s reinstatement into the civil service and promotion to acting director that he met with Maina in Dubai, United Arab Emirates (UAE)  last year.

    He also said he wrote letters to the Federal Civil Service Commission (FRSC) on the sacked chairman of the Pension Reform Task Team.

    Maina was in 2015 accused of over N2billion pension fraud and declared wanted by the Economic and Financial Crimes Commission (EFCC).

    The EFCC enlisted the International Police (INTERPOL) to trace Maina.

    But he dramatically showed up in the country and was last month reinstated as acting director in the Ministry of Interior.

    An embarrassed President Muhammadu Buhari ordered Maina’s immediate sack and a probe of how he was brought back. The EFCC stepped up its investigation. But Maina has not been seen since then.

    The Senate panel is conducting its probe in camera with a promise to brief reporters at the end of its investigation.

    But a source told The Nation last night that Malami, Interior Minister Abdulrahman Danbazau and Permanent Secretary, Ministry of Interior appeared before the committee.

    The Interior minister and the permanent secretary insisted that they played no role in Maina’s recall that the attorney general admitted writing three letters to the Federal Civil Service Commission (FCSC) on Maina. But he said he did not bring him back.

    Senators reportedly asked the minister questions ranging from the authenticity of the correspondence between him and the FCSC, the constitutionality of his alleged directives to the commission and the extent of his involvement in the reinstatement of the controversial civil servant.

    Another source close to the committee said: “Malami agreed before the parliamentary panel that he held a meeting with Maina in Dubai, although he insisted that he was not responsible for his dramatic return to the service. “

    The source added: “The committee discovered that three letters were written by the Justice Minister asking questions from the FCSC on Maina. There is no record that the questions were answered by the FCSC in any correspondence.

    “The fourth letter was written by the Attorney-general in January as a directive to the Civil Service Commission to reinstate Maina. In the letter, the AG asked for Maina’s status, his position, rank and next rank.

    “There was another letter in February where the AG directed the Civil Service Commission to reinstate Maina. The committee frowned at this because under the constitution, they felt the AG cannot issue that kind of directive.”

    According to the source, the AG wrote another letter in April asking whether the reinstatement had been effected. In that letter, he directed the FCSC to promote Maina to Director.

    The source added: “When committee members asked the AG to react to the allegations that he wrote the letters, the AG agreed that he wrote them, but said he could not remember all that he wrote. He pleaded with the committee to allow him contact his files to ascertain the content. He promised to return tomorrow. The committee agreed.

    The source added: “The committee was satisfied that the Head of Service (HoS) of the Federation documented everything.

    “The Committee observed that she was tidy. It was learnt that at the sitting, the HoS did not release the purported letter written by the Civil Service Commission to Maina. The question the committee will be finding answer to on Thursday is where the Ministry of Interior got the letter it relied upon to reinstate Maina”.

     

  • Malami, Oyo-Ita attend FEC, Danbazzau absent

    Malami, Oyo-Ita attend FEC, Danbazzau absent

    Some cabinet members linked to the recall to service of the former Chairman of the Presidential Task Force on Pension Reforms, Abdulrasheed Maina, attended the Federal Executive Council ( FEC ) meeting on Thursday.
    Maina, who was on the run for alleged N2 billion scam, got back into service without the knowledge of President Muhammadu Buhari.
    The President, on Monday had ordered disengagement of Maina from service and immediate investigation of how he was recalled.
    Those linked to the recall who attended FEC on Wednesday included the Attorney General of the Federation and Minister of Justice, Abubakar Malami.
    Malami, who arrived the Council chamber around 10:53 a.m had discussions with the Minister of Information, Lai Mohammed and the Minister of Education, Adamu Adamu, before the rendition of the National anthem.
    The Head of the Civil Service of the Federation, Mrs. Winifred Oyo-Ita, who was also linked to the issue, arrived the Council chamber around 10:54 a.m.
    But the Minister of Interior, Abdulrahman Danbazzau, whose Ministry Maina was posted to, was absent when the FEC meeting started on Thursday.
    The meeting commenced when President Buhari arrived the Council Chamber around 11 a.m.

    BREAKING: Police, DSS seal off venue of PANDEF’s Assembly in Port Harcourt

  • IYC seeks sack of Malami, Dambazau

    IYC seeks sack of Malami, Dambazau

    The Ijaw Youth Council (IYC) has urged President Muhammadu Buhari to sack Minister of Interior Abdulrahman Dambazau and Attorney General and Minister of Justice Abubakar Malami who have been linked with the reinstatement of former Pensions task Force chief Abdulrasheed Maina into the federal civil service.

    The IYC statement by factional President Eric Omare lamented the development had cast a doubt on the anti-corruption crusade of the Buhari administration.

    “In the view of the IYC, this incident clearly shows that the much-touted anti-corruption crusade of the Buhari administration is mere rhetoric as far as key officers of the administration are concerned. As the saying goes,’’ show me your friend and I will tell you who you are’’.

    “If key officers of the Buhari administration, such as Malami and Abdulraham Dambazau, could be involved in such a despicable conduct, then it is safe to say that the Buhari administration pays lip service to  anti-corruption war.

    “It is on record that the Economic and Financial Crimes Commission (EFCC) and other law enforcement agencies had declared Mr. Maina wanted before now. It is therefore surprising that such as person could find himself back in service under the Buhari administration that professes to be fighting corruption.”

  • Maina: Senate seeks sack of Malami, Danbazau, others

    Maina: Senate seeks sack of Malami, Danbazau, others

    SENATORS resolved yesterday to probe the controversial return of Abdulrasheed Maina to the civil service.

    The Public Service, Anti-Corruption, Interior and Judiciary  committee is to investigate the recall  of the former Chairman, Presidential Task Force on Pension Reforms, who is on the wanted list of the Economic and Financial Crimes Commission (EFCC) for alleged N2 billion pension fraud, among others.

    The committee is to determine how Maina was reinstated and promoted to director.

    The upper chamber said the development became even curious, especially when Maina is wanted for alleged fraud.

    The resolution followed the adoption of a motion of urgent national importance raised by Senator Isa Hamma Misau (Bauchi South).

    Misau said the circumstances of Misau’s return and reinstatement service had become a huge embarrassment to the country.

    Many of the senators who contributed to the debate asked the Senate to resolve to ask President Muhammadu Buhari to sack those linked to the development.

    The lawmakers singled out Attorney-General and Minister of Justice Abubakar Malami and Interior Minister Abdulrahman Danbazzau as two public officials that should be hammered by President Buhari for their alleged roles in the Maina matter.

    Misau said: “Right from day before, you will see the story of somebody who has been declared wanted by the Economic and Financial Crimes Commission (EFCC).  We read how the man who was declared wanted and was said to be abroad came back to Nigeria miraculously.

    “Going by the newspaper publications, somebody wanted by the EFCC left the country for so many years. He was dismissed from the service. He was out for a long time, but smuggled into the service. He left the country as an assistant director. Today, he is a director.

    “We even heard that he goes about with police escort. I wonder how a government that claims to be fighting corruption will be involved in a matter like this. This is a big embarrassment for this country. The people around the President are not helping matters. It appears that the President is the only one talking about corruption. Other people around him are protecting corrupt people.

    “The AGF was mentioned and other people were mentioned. We investigated this case in the 7th Assembly. I am calling on the Senate to investigate this case again.”

    Chief Whip Olusola Adeyeye said: “I remember what happened then. It got to a point when the former President of the Senate, David Mark, told the former President Goodluck Jonathan to choose between Abdulrasheed Maina and loyalty to the country. It got so bad that Maina had over 30 police officers attached to him.

    “It got so bad that he was always on the front row whenever the former President travelled. At some point, we thought that he was being protected. I remember one of us was blackmailed and called names. He was accused of taking billions as bribes. Today, that lawmaker was cleared and he is here.

    “Some principalities in power then ferried Maina to neighbouring countries. There is a procedure when it comes to promotion in the civil service. This is an insult on the part of civil servants who have worked so hard.

    “As a member of APC, it is a sad moment. We cannot say that we want to fight corruption and have this approach. Jesus Christ said it is difficult for a rich man to pass through the eye of a needle.

    “This saddens me and I am sure it saddens all of us. I am glad that following the outrage from the public, the President acted swiftly. We read in the papers that the rules of the civil service were bypassed.

    “It appears there are people in this government who want the President to fail. Every patriot and member of APC in this house must stand out and ensure that the President does not fail.

    “Papers have reported that two Ministers were involved. Those Ministers must be brought to justice. The President must ensure that those Ministers are sacked. Corruption is not only about stealing money. Incompetence too is another form of corruption.

    “I hope that this Senate will not forget its past resolutions on Maina. On it, we still stand. He must be made to stand and face the law. He is not above the law. Steven Oronsaye was accused. He did not leave the country. He stayed back and cleared his name. Maina must do same.

    Senator Kabiru Marafa said:

    “I want to appreciate the person who brought this motion by exposing some dubious people in government. No family can boast of having 100 per cent good people. APC is not an exception. We cannot attribute everything to the President. He should be commended for rising to the occasion.

    “Reinstating Maina is a crime against Nigerians. We should approve a full blown investigation into what happened. We must not allow this thing to go unnoticed.

    Senator Atai Idoko said: “We are looking at the symptoms; we are not looking at the cause. Maina is too small to go back to office. Somebody brought him back to the office. Maina is too small. He is not the issue. We should look at those who returned Maina.

    “As we were told, the person who approved this thing is the AGF. The simplest thing the President could do was to terminate the appointment of Maina. That is not the issue. The AGF brought him back. The AGF has a history of doing things like this. The President should tell us what he will do to the AGF.

    Senator Albert Bassey Akpan would like the Senate to “investigate and bring to book any person who wants to bring this country to disrepute”. “We will stand with the Senate to ensure that the right thing is done,” he said.

    Senator Tayo Alasoadura cautioned his colleagues not to call names of people who have not been indicted. “We should not duplicate. If the executive has set up a committee, we should not do the same thing. We must not set up committees every time”, he said.

    Senator Dino Melaye, “the whole unfolding affair is pathetic”. He said: “Should we continue in sin and ask grace to abound? The AGF time after time has abused his office. Maina did not get himself back. We should talk about the integrity of the AGF and his office. If the number one law officer is breaking the law, where is the hope?

    “The AGF started with the forgery case against Saraki and Ekweremadu. Something happened we have not noticed. Two public officers had issues and the AGF chose to support the Inspector-General of Police against Senator Isah Hamman Misau. Today, it is Senator Isah versus the Federal Government.

    “Tomorrow, if I commit any offence against the friend to the AGF, I will be arraigned. We should not encourage the setting up of investigative committees. The President is surrounded by worms who are bent on destroying the country.

    “There are so many committees that have been set up by the President and the resolutions of those reports may not be implemented until after rapture. Enough is enough. We cannot have this forever. This is wrong. The Senate needs to do something.

    “We must recommend to the President that the AGF has erred in discharging the affairs of his office. If we do not check it, the AGF will plunge us into trouble.

    Senate President Bukola Saraki asked the joint committee to do a thorough job.

    Read Also:Maina: Ex-NBA boss lauds Buhari for immediate disengagement

  • No need to bring back Diezani now – AGF

    No need to bring back Diezani now – AGF

    The Attorney General of the Federation and Minister of Justice, Abubakar Malami, said on Wednesday the Federal Government would not  ask the British authorities to transfer the case of former Minister of Petroleum Resources, Mrs. Diezani Allison-Madueke, to Nigeria.

    Allison-Madueke, who is facing investigation for alleged corruption in the United Kingdom, had urged the federal government to bring her back to Nigeria to face charges.

    But speaking to journalists at the Presidential Villa, Abuja, Malami said that asking for the transfer of Diezani’s case to Nigeria now would jeopardize the investigation being carried out by UK authorities.

    Responding to the claim that the government is not doing anything about the ex-minister’s request, the AGF said: “The truth of the matter is that the government is doing something especially on issues of corruption and litigation in Nigeria and outside the country.

    “Considering the fact that there is an existing understanding between Nigeria and other countries especially UK on the recovery of stolen funds, so you cannot say government is not doing anything.

    “The truth of the matter is that steps have been taken by the UK authorities on issues bothering on corrupt practices involving Nigerians.

    “If Nigeria feels strongly that there is need to bring Mrs. Diezani Allison-Madueke here to face charges of corruption, government will not hesitate to do that.

    “As things are now, there is no need for that since the UK government is already investigating her and government will not take any decision that will jeopardize what the UK government is doing.”

    On fair hearing for the ex-minister, Malami added: “Well, the issue is not about fair hearing now. We are talking about investigation first and it is not within Mrs. Diezani Allison-Madueke power to ask the federal government to bring her to testify in any case in Nigeria.

    “Mrs. Diezani Allison-Madueke is facing charges of money laundering and acquisition of properties in United Kingdom so it is important to face the charges there than for her to come as a mere witness in a case in Nigeria.”

     

  • Kanu: Between Malami and Ohaneze

    SIR: Nnamdi Kanu, the self-acclaimed leader of the Indigenous People of Biafra (IPOB) is on trial for the offence of treason and treasonable felony among other offences. He was granted bail with conditions attached which he has since flouted and continues to do on daily basis. The Attorney General of the Federation (AGF), Abubakar Malami being the Chief Law Officer of the federation is responsible for the prosecution of Nnamdi Kanu. The AGF is within his constitutional duties to request the court to revoke the bail earlier given to Kanu, and this action will in no way be categorized as an attempt to violate Kanu’s fundamental rights as posited by the Ohaneze leader, Chief John Nnia Nwodo, when he granted a press interview recently.

    Fundamental human rights guarantees as enshrined in Chapter 4 of the constitution are not without qualifications. Section 45 is a derogatory provision which qualified all the rights as subject to the overall interest of public peace and order, security and health. In addition to that, where a person is facing a criminal trial, he cannot claim the guarantee of his personal liberty. The relevant security agencies can apprehend a person on suspicion of committing an offence as well as under the orders of a court of law whether for a fresh offence or in pursuit of a bench warrant for flouting bail conditions; all these will not be in violation of a person’s right.

    In fact, the office of the AGF as the prosecutor will be failing in its responsibilities if it were to leave Nnamdi Kanu to continue flouting his bail conditions without drawing the attention of the court through a request for revocation of the bail. This will also set a bad precedence for any person on conditional bail, for there are no two sets of different laws for persons standing trial in Nigeria, and nobody should be above the law no matter how highly placed a person is or how much support he enjoys from the rest of the country. To allow that will be tantamount to an invitation of anarchy.

    There is also the allegation of bias and double standard on the part of the AGF by the Ohaneze leader, Chief Nwodo for the inability of the federal government to arrest the “Coalition of Arewa Youth” that issued a quit notice for Igbos residing in the North to vacate the region before October 1.

    First, it must be noted that the two cases are not the same either in magnitude or in procedural handling. Nnamdi Kanu was already on trial and the AGF was prosecuting him. The Arewa Youth on the other hand were not on trial. They also were smart in their action from the get go, treading a careful thin line between an overt action that can be termed as a crime to that of an advisory position to the federal government, I suspect this may not be unconnected to the reason why they were not arrested and prosecuted in the first place.

    For any person to be prosecuted for his actions or omission, the action must be clearly defined as an “offence” written as a law and its punishment prescribed thereto, hence the latin maxim “Nulla Poena Sina Lege”. This is not in any way an excuse for their actions, but some actions can be morally reprehensible yet not criminal. Perhaps, they could have been arrested and prosecuted for conduct likely to breach public peace or for an offence of incitement to cause violent and intimidation acts, all of which are charges that any defence lawyer could easily debunk. Definitely, a civil action for claim under the enforcement of Fundamental Human Rights could have been brought against them, and what relief could have been sought? An Order of Mandamus compelling them to rescind the quit notice.

    So, to posit that the AGF was biased and has exhibited double standards for not prosecuting the Arewa Youth Group as a reason why the AGF should not pursue the revocation of Kanu Nnamdi’s bail for flouting the attached conditions is to whip up sentiments and almost tantamount to obstruction of justice by the Ohaneze leader.

     

    • Aliyu Abdullahi,

    Abuja.

  • Malami’s twisted logic

    Attorney-General of the Federation, Abubakar Malami must have shocked many last week when he rationalized the inability of the government to arrest and prosecute northern youth leaders who issued quit order to the Igbo. Apparently responding to mounting criticisms over his request for the re-arrest of leader of the Indigenous Peoples of Biafra IPOB, Nnamdi Kanu for allegedly flouting bail conditions while turning a blind eye to the arrest of leaders of the northern youth group, Malami said the inability to arrest the latter was because of its “security implications”

    Hear him “the way the government works is that a lot of consideration naturally comes into play. One is investigation which is not time-bound; two, security considerations; three, consideration of public interest. But one thing that is certain is that the government is ever alive to its responsibilities and whoever is found wanting, regardless of the length of time, will definitely be brought to book”

    On face value, it would appear all is well with Malami’s reasoning. It is hard to fault his conclusions that investigations are not time bound. Also, the place of security consideration and public interest in determining the direction of government action and policy cannot be ignored. Yet this rationalization is patently defective in addressing the issues of bias and double standards thrown up by government’s selective handling of the two groups.

    Worse still, a strict interpretation of the purport of his arguments would not only expose their inherent duplicity but equally portray the attorney-general as a man who spoke from both sides of his mouth. All the issues canvassed as the basis for government’s refusal to arrest the northern youths for their incendiary and inciting statements also apply in the case of the IPOB.

    In effect, security considerations and issues of public interest are also prime factors that should have instructed him against approaching the court to quash the bail granted Kanu sometime ago. Or is he making us to believe that these considerations are only relevant when it comes to dealing with northern youths? If that is the issue being canvassed, he is alone in it as it makes no sense.

    Before now, the view has been copiously canvassed that it was a grave mistake on the part of the government to have arrested Kanu in the first instance for non-violent agitations for self-determination. Much of the interest and followership his campaign generated of late was a consequence of that arrest and incarceration in spite of the bail granted him by the courts. That detention made a hero of a man little or nothing was known about except perhaps, those who were privy to his pirate radio broadcast.

    Thus, canvassing for his re-arrest as Malami has done would not only amount to insensitivity to the mood of the nation but also a caricature of the very reasons he adduced for government’s indifference to the devious antics of the northern youth groups including the hate song that bears their imprimatur. And if one may ask, what further investigations is Malami talking about when the very youths behind the threat have since addressed several press conferences including the most recent in which they purportedly suspended their order? Or is it surprising that a serving governor was handy during that occasion?

    The issue of investigations being open ended as a potent reason for not apprehending those behind that threat and the hate song that corroborates their spurious claims, strikes as a subterfuge for evading the reality. It is unconvincing and cannot survive the rigours of serious scrutiny. It is inherently deficient in explaining the contradictions brought to the fore by the double measures.

    No doubt, there is ample reason for utmost caution in handling the current agitations and restiveness in parts of the country including the ones under focus. But the way to them is not to shut our eyes to the dangerous pronouncements from some sections while others are hounded in very discriminatory manner. That is the issue that has been brought to the public domain by the current posturing of the minister. He will have to contend with subsisting allegations of bias in the manner he handles issues relating to Kanu and the northern youths.

    Incidentally, many do not share the view that the northern youth group should be allowed to walk away with their quit order and threat to confiscate the properties of the Igbo in the north. Not with the domino effect of that order as we have seen in some other parts of the country.

    Perhaps, the gravity of the quit notice and duplicity in government’s inaction was succinctly captured in a recent report by a United Nations human rights group when it called for the prosecution of those behind the ultimatum. The UN body which described the ultimatum as an issue of “grave concern” deplored the hate song and audio message being circulated on the internet and social media targeting the Igbo.

    The human rights crusaders said though some national and local figures have denounced the hate speeches and incitement, they “are deeply concerned that some prominent local leaders and elders have not condemned the ultimatum, hate speech and the perpetrators”.  While calling on the government and well-meaning people to condemn hate speeches and incitement to violence in the strongest possible terms, they also asked it to take urgent steps to address the root of the constant friction between the various ethnic groups that are at the centre of the current pass.

    The position of the UN human rights crusaders underscore the issues that have been raised about the tepid manner the authorities handled the characters behind the quit order and the hate song that have put the lives of a key segment of this country in great jeopardy. They also highlighted the contradictions and limits of the arguments canvassed by Malami for treating the northern youths with kid gloves even when their offence is loaded with the frightening prospects of activating an orgy of genocide in this country.

    Those who have found courage to condemn the hate song were quick to draw a parallel between events that led to the genocidal war in Rwanda and current hate song trending in the internet and social media against the Igbo. Why the government thinks the agitations of Kanu or his alleged flouting of bail conditions are of more grave concern to national survival than the quit notice and the hate song, remains largely illusory.

    In all, if Malami cannot find the courage to bring the northern youths to book; if he is not acting out a script for the powers-that-be, he should tread softly in pressing for the revocation of the bail conditions granted to Kanu. He should listen to the voices of those well-meaning Nigerians who have cautioned against escalating the overheated political tempers in the country.

    The solution to the current agitations and restiveness from across the country does not substantially lie on such arrests and prosecution but in proactive measures to fundamentally address the objective factors that propel and sustain them. That is the issue Buhari has to contend with. It is not enough to rehash such constructs as the unity, indivisibility and non-negotiability of Nigeria. It also makes no sense to give the impression that discussions on how the constituents can live harmoniously have been foreclosed.

    Nigeria was a product of negotiations through the various constitutional conferences that presaged independence. Much of the problems that have continued to stultify nation building and meaningful development were wrought on this country through the arbitrariness of the military sojourn in politics. A government that is genuinely committed to national progress and stability cannot afford to toy with issues of fairness, equity and common sense of belonging as the minimum conditions for peace and co-habitation.