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Tag: Minister of Justice and Attorney General of the Federation

  • Malami: We’ve recovered billions through whistleblower policy

    Minister of Justice and Attorney General of the Federation, Abubakar Malami, SAN has stated that the government through its whistleblower policy have recovered billions of naira.

    He said the recovery was made possible through other measures like the establishment of the Presidential Advisory Committee Against Corruption (PACAC), Executive Order No.6 etc.

    Speaking at the 2nd annual conference/induction ceremony for new members of the Chartered Institute of Forensic and Investigative Auditors (CIFIA), he added that the administration through his office ensures that corrupt individuals are unable to use the money or property obtained through corrupt means.

    Malami also stated that it is the belief of the Buhari administration that those who corruptly enrich themselves with public funds should be jailed to serve as deterrence to others.

    His words, “Mr. President has since assumption of office, through my office as the Honourable Attorney General of The Federation and Minister of Justice introduced a number of measures aimed at preventing culprits of corruption from using money or properties obtained through corrupt means.

    “Some of These measures include the introduction of the whistleblower policy. Executive Order No.6, establishment of the Presidential Advisory Committee Against Corruption(PACAC) just to mention a few.

    “These measures have yielded a number of positive results paticulary in the recovery of proceeds of crime running into billions of Naira through the whistlebIower policy.

    “While such measures would be strengthened to achieve the desired objective, it is the belief of administration that those who corruptly enrich themselves with public funds should not only be denied the benefits of the proceeds their corrupt practices but should be tried in court and where found guilty should be jailed to serve as deterrence to others.”

    President CIFIAN, Dr. Victoria Enape stated that the primary domain of forensic and Investigative auditing is to work within the investigative process from the scene of financial fraud to court.

    Her words “The primary domain of forensic and Investigative auditing is to work within the investigative process from the scene of financial fraud to court, providing information and evidence for administration of justice.

    “This we believe will be a major boost to activities of anti-corruption agencies such as the EFCC, ICPC and CCT.”

  • FG inaugurates Presidential panel on prerogative mercy 

    The Federal Government on Tuesday inaugurated the Presidential Advisory Committee on Prerogative of Mercy.

    The inauguration was done by Secretary to the Government of the Federation (SGF), Boss Mustapha in the SGF conference hall.

    He was represented at the brief ceremony by the Minister of Justice and Attorney General of the Federation, Abubakar Malami, who is the chairman of the committee.

    Read Also:Prerogative of Mercy: Lagos orders release of 18 Kirikiri inmates

    He said “The significance of an occasion like this goes beyond the ceremony itself; it gives a signal for the members so inaugurated to brace up with the responsibility embedded in the assignment.

    “The committee is a four year tenured committee constituted to assist Mr. President in the discharge of his constitutional responsibility of not only granting pardon to deserving prisoners and ex-convicts and reintegrating them into the society but also to work towards decongesting the prisons nationwide.”

    According to him, the inauguration of the committee will go a long way to reduce the congestions in the prisons.

    Stressing that the responsibility of the committee is sensitive and enormous, he said that the purpose for its constitution and its guiding principles must be completely adhered to.

    He said that the terms of reference of the committee are statutory and constitutionally as they are enshrined in Section 175 of the 1999 Constitution.

    “The inauguration today enables you to kick start the processes leading to nationwide prison visits and consequent recommendation of eligible ex-convicts and convicts for presidential pardon.” he stated

    While making an opening remark, a member of the committee and Permanent Secretary in the Special Duties office, Williams Alo, recalled that the President reconstituted the committee on the 19th of June, 2018.

    Section 175 of the 1999 Constitution on Prerogative of mercy reads “(1) The President may (a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions; (b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence; (c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or (d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the State on account of such an offence.

    “(2) The powers of the President under subsection (1) of this section shall be exercised by him after consultation with the Council of State. (3) The President, acting in accordance with the advice of the Council of State, may exercise his powers under subsection (1) of this section in relation to persons concerned with offences against the army, naval or air-force law or convicted or sentenced by a court-martial.” it stated

    The 12-man committee included Abubakar Malami (Chairman), Williams Alo,  Lucy Ajayi, Joshua Abu, John Idoko, the Inspector General of Police, Ibrahim Idris, representative of the Nigerian Prisons Service, representative of the National Human Rights Commission.

     

  • Alleged $1.1bn Malabu scam: Why Adoke must be prosecuted, by Malami

    Alleged $1.1bn Malabu scam: Why Adoke must be prosecuted, by Malami

    The Minister of Justice and Attorney-General of the Federation (AGF) Abubakar Malami (SAN) gave reasons yesterday why a Federal High Court in Abuja should not allow his predecessor’s case, challenging a pending charge against those linked with the alleged $1.1bn Malabu Oil scam.

    One of Malami’s predecessors, Mohammed Adoke (SAN), named with some others in a charge filed by Economic and Financial Crimes Commission (EFCC) is challenging his inclusion as defendant in the charge.

    At the hearing of the suit by Adoke yesterday, Malami argued that since Adoke  cannot hide under the civil suit filed before the court to evade being prosecuted on the pending five-count charge filed against him and others by the EFCC.

    Represented by the Permanent Secretary and Solicitor-General of the Federation of the Federal Ministry of Justice, Dayo Apata, Malami added that his predecessor’s suit could not be used to truncate a criminal trial initiated by the EFCC.

    Malami contended that Adoke’s suit disclosed no reasonable cause of action, adding that it could not be used to stop a criminal case.

    By his suit filed in May 2017, Adoke wants the court to declare illegal, his prosecution by the EFCC in reation to his involvement in the deal between Malabu Oil and Gas Limited and the Federal Government over the oil field covered by the Oil Prospecting Licence 245.

    Arguing the plaintiff’s case yesterday, Adoke’s lawyer, Kanu Agabi (SAN), a former AGF, urged the court to grant his client’s prayers.

    Agabi prayed the court to hold that the plaintiff had not done any wrong for obeying the President’s directive.

    Agabi drew the judge’s attention to paragraphs 2 and 3 of Exhibit 19, a document in which Malami had, in his legal opinion sent to the Acting Chairman of the EFCC, Ibrahim Magu, noted that the proof of evidence in the case file did not link Adoke and other defendants charged to the offences disclosed.

    Apata explained that the letter by the AGF, which also urged the EFCC to carry out further thorough investigations, “does not remove the culpability of the plaintiff”.

    Dated September 20, 2017, the letter cited by Agabi stated, “Having fully examined the entire case file, I am inclined to request you to reconsider the charge in relation to the composition of the parties, the offences, the proof of evidence and the case summary in view of the fact that nothing in the proof of evidence appears to have directly linked the parties to the offences as charged.

    “A curious observation of the entire file, clearly indicates that the proof of evidence is unlikely to support the counts which border on fraud, conspiracy and money laundering.”

    Apata drew attention to the concluding part of the letter which, he said, only called for further investigation, but did not exonerate Adoke.

    The said concluding part of the letter read:  “On the above grounds, I am at the considered view that there is the need to consolidate on the charges and the matter be thoroughly investigated, especially regarding the allegations of wrongdoing in connection with the $1.1bn USD in order to satisfy the constituent elements of offences.

    “You are to also take steps to urgently file an application for a worldwide mareva injunction and or the forfeiture of the assets of the beneficiaries of the $ 1.1bn  pending the conclusion of your investigation in the areas above stated.”

    Trial judge, Justice Binta Nyako has adjourned to February 28 for judgment.

  • I’m yet to be briefed on Innoson Chairman’s arrest – AGF

    I’m yet to be briefed on Innoson Chairman’s arrest – AGF

    The Minister of Justice and Attorney General of the Federation, (AGF) Abubakar Malami on Thursday said that he has not been briefed on why the Chairman of Innocent Motors, Chief Innocent Chukwuma was arrested.

    The Economic Financial and Crimes Commission, EFCC, two days ago had arrested Chief Chukwuma and took him to Abuja for allegedly refusing to honour invitation, which the Innoson Motors boss has denied.

    Briefing State House correspondents after the Federal Executive Council, meeting presided by President Muhammadu Buhari at the Council Chamber,  Presidential Villa, Abuja on Thursday, the AGF said that he was yet to be briefed by the agency responsible for the arrest on the reason behind the action.

    Asked to explain the circumstances behind the arrest of Chukwuma, he said, “Well in all sincerity I wasn’t privy to facts that led the stated arrest. I have not been formally briefed by the relevant agencies.

    “One thing I know about Innoson is the fact that there has been a pending case between him and GTBank which is pending in court and is being prosecuted accordingly. Other than that, I am not privy to the fact and circumstances that led to the alleged arrest Wednesday. So until I am briefed by the relevant agencies, I am not in the clear position to make any disclosures relating to that.”

    On the memo from his office to the Council he said, “Two memos were presented Thursday from the Federal Ministry of Justice and the first memo was a memo relating to copy right bill which is intended to be transmitted by the executive to the legislature which passes it into law.

    “It is a Bill that relates to creative industry; it is designed to accord protection of creative works against piracy and protection of intellectual property rights.

    “The bill was taken and was accordingly approved by the Council; the Attorney General has accordingly been instructed to transmit same to the National Assembly for passage into law and eventual assent if it is eventually passed.

    “The second memo that was taken from the Federal Ministry of Justice was a memo relating to suppression of piracy and maritime offences act. The intention was to accord protection to the maritime industry against pirates and indeed, come up with a comprehensive policy provision accommodated into the bill which is intended to ensure that at the end of the day that the spirit of international conventions that have been ratified by Nigeria over time relating to maritime industry are indeed accommodated into the bill with a view to bring it in line with the international best practices and indeed ensure the protection of our maritime boundary.”

    The bill approved by the Council will be transmitted to the National Assembly for passage and eventual assent by the President.

    Speaking on the persisting fuel scarcity in the country, the Minister of Information and Culture, Alhaji Lai Mohammed said that all the relevant agencies including the Minister of Petroleum Resources, Dr Ibe Kachikwu were working to ensure the end of the fuel crisis.

    Mohammed said, “We just concluded a very marathon Council meeting you take into consideration that it started Wednesday and it just ended this afternoon

    “As for the fuel scarcity, I can assure you that both the Ministry of Petroleum Resources and the Department of Petroleum Resources are working round the clock to ensure that this thing becomes a thing of the past.”

    On his part, the Minister of State for Environment, Ibrahim Jibril said his ministry presented two memos to Council and that one of the memos was taken on Wednesday.

    He said, “The one taken Thursday is a policy memo aimed at seeking Council’s approval for the revision of the National Biosafety Management Agency.

    “The National Bio-Safety Management Agency is an agency under the Ministry of Environment charged with the direct responsibility of monitoring and supervising the use of genetically modified organism in the country.

    “Most of the time, people tend to mix this agency with another sister agency in the Federal Ministry of Science and Technology, that is National Bio-technology Development Agency.

    “While the first one under technology is charged with the responsibility of doing research work and making a breakthrough on many things in the country, the national biosafety under the environment ministry is a regulatory agency with the responsibility of checking the type of fuel that are genetically modified product that could come into the country to ensure that they are safe for consumption either for animals or humans and to ensure also that they do not displace our traditional products that are found locally in the country.

    “This policy memo which was approved Thursday, the first one we had was in 2006 and this predate even the establishment of the agency because the agency was established by an act of parliament in the year 2015.

    “So the policy has been in place before even the enactment of the law to establish the agency and because it has been around for more than a decade, we felt it is necessary to review it and bring it up to date and face the present reality so that as technology is developing rapidly, the policy framework that should be put in place to regulate and monitor effectively to ensure that our citizens are save is what motivated us to bring this and thank God, the Council has approved the policy memo.

    “So we have a new policy and the Attorney General of the Federation will take the necessary steps to bring it into force.

    “The first memo which was taken Wednesday was actually about the hydrocarbon remediation project in River State where approval was given for the engagement of the project management consultants as well as monitoring and evaluation to ensure that proper framework is put in place that will assist in supervising and actualising the clean-up and that was also approved yesterday.

    On Sulphur in fuel, he said; “You are talking about fuel for vehicles which has Sulphur contents. This is something that cuts across two or three ministries and it has to do with Trade, Investments and Industries. It also has to do with Petroleum Resources through the NNPC because the products are brought in by NNPC and it is something that we started with the West African sub-region and agreed that the sulphur content in our fuel is extremely high and is injurious to human health and environment. Unfortunately, the refineries in this country are not designed to have low sulphur content but we are lucky the new refinery coming up from Dangote in Lagos probably this coming year will have the standard but for us we have agreed that we have to give sometime up to about two years for the refineries in this country to upgrade to the level where they can be able produce fuel with less sulphur content but the work is ongoing, we are working closely with the NNPC for they are the people who are directly responsible.

    “We are concerned because we it is part of the pollutant that can pollute the environment and affect human health, that is why we are driving the process to ensure that they comply with regulations and in doing this we are getting support.”

    The Minister of Agriculture, Audu Ogbeh said: “This afternoon we presented a memo to the Council relating to the Veterinary Council of Nigeria which has been in existence since 1953 and under the provisions of the law setting it up, the Council members meet from time to time to improve regulations on veterinary practice so that people not qualified to practice as Veterinary Doctors do not operate in the country.

    “The regulations were made and submitted to Council and Council approved them for Mr. President to endorse so that those regulations can be put in practice with the protection of livestock and the improvement of the breed of livestock in the country.”

  • Military era, bane of Police inefficiency in Nigeria – Oba Akiolu

    Military era, bane of Police inefficiency in Nigeria – Oba Akiolu

    Oba of Lagos, Oba Rilwan Akiolu, Monday said the long years of military rule contributed immensely to why the Police Force is struggling with efficiency and performance stating categorically that, “It was the military that killed the efficiency and performance of police”.

    Akiolu spoke at the opening ceremony of a two-day Stakeholder’s Summit organized by the Lagos State Ministry of Justice at the Eko Hotels and Suites in Lagos, where keynote address was delivered by the Acting President, Prof. Yemi Osinbajo (SAN), who was represented by the Minister of Justice and Attorney- General of the Federation, Mr. Abubakar Malami (SAN).

    The traditional ruler who recalled that he was the head of the police fighting force for years, however, urged President Buhari to ensure he worked with serious and open minded people who would give the Inspector- General of Police free hand to run the Force.

    This is as he said that the call to have community policing established in the country requires dedication, funds and men who were prepared to work.

    Also, he said the issue of police barracks collapsing could only be addressed through adequate funding by the Federal Government.

    “I have listened with rapt attention the argument of the Acting President who was represented by the AGF. And let me tell you the truth. It was the military that killed the efficiency and performance of police.

    “I was the head of the police fighting force for years. I am happy that at this time we have someone who is willing and prepared to assist the Nigerian police.

    “I want to urge the President to work with serious and open minded people who will give the IG free hand to run the force.

    “We are clamouring for community policing at the moment but I must tell you that it requires dedication, funds and men who are prepared to work.

    The reason for police barrack collapsing is that the Federal Government needs to release funds to rehabilitate the barracks in order for the DPO and others top police officers to live within the community they have been assigned to work,” the monarch said.

    Speaking further, Oba Akiolu, while denouncing the Police Service Commission (PSC), describing it is a toothless bulldog, said, it was unfair for someone to sit at the PS and determine who retires from the police.

    The Oba, who said he was a victim, pointed out that that was not how to run a very efficient police force, even as he disclosed that he had asked the officers who took the Federal Government to court over their premature retirement to withdraw the suit and go and claim their benefits.

    “For someone to sit at the Police Service Commission and determine who retires from the police is unfair. This is not how to run a very efficient police force.

    “I remember that I was a victim of that circumstance; then Atiku, Daura and others sat down and advised the president (Obasanjo) that if he wants to win Lagos in 2003, I must be removed. It was written on paper.

    “And in fairness to President Obasanjo, he argued that he knows nothing about it. And he had to send for the IG because the then Chief of Staff challenged the plan to retire me.

    “Also, what they wanted to use former IG, Tafa Balogun for at the end of the day. And that is why Alhaji Gambo is still bitter because he wanted Balogun to disclose what the PDP wanted him to do in 2003.

    “And all those money they alleged he was possessing, it was some of the governors that contributed that money to him. The PSC is a toothless bulldog. I have asked the officers who took the government to court to withdraw the suit and go and claim their benefits,” he said.