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Tag: Mohammed Adoke

  • Rivers crisis: AGF drafts Bayelsa Chief Judge to swear-in Wike

    Rivers crisis: AGF drafts Bayelsa Chief Judge to swear-in Wike

    Following a constitutional crisis in River State, the Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN), has drafted the Chief Judge of Bayelsa State to inaugurate the Governor-elect of Rivers State, Barrister Nyesom Wike, on May 29.

    He said where there is vacuum in the Office of the Chief Judge of Rivers State or the Office of the President of the Customary Court of Appeal, the constitution empowers any person to administer an oath of office on a Governor-elect.

    The AGF made the announcement in a statement in Abuja against the backdrop of the constitutional challenge in Rivers State.

    The statement said: “It will be recalled that Barr. NyelsonEzenwo Wike, was declared the Governor-Elect of Rivers State following the Gubernatorial and Houses of Assembly Elections conducted by the Independent National Electoral Commission (INEC) on 11th April 2015.

    “It is therefore expected that he will be sworn into Office on 29th May 2015 in accordance with the provisions of section 185(1) of the Constitution of the Federal Republic of Nigeria, 1999.

    “It is however pertinent to draw public attention to the existing vacuum in the Office of the Chief Judge of Rivers State, as well as, the Office of the President of the Customary Court of Appeal, Rivers State which has made strict compliance with the requirements of section 185(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, virtually impossible.

    “In order to avert a likely constitutional crisis in Rivers State on 29th May 2015 when the Governor-Elect, is expected to be sworn as Governor of Rivers State, I have requested the Chief Judge of Bayelsa State to administer the Oath of Allegiance and Oath of Office on the Governor-Elect of Rivers State in accordance with section 185(2) of the Constitution of the Federal Republic of Nigeria, 1999, which provides as follows:

    “The Oath of Allegiance and the oath of Office shall be administered by the Chief Judge of the State or Grand Khadi of the Sharia Court of Appeal of the State, if any, or President of the Customary Court of Appeal of the State, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any State.”

    “The general public particularly the Government and People of Rivers State are hereby invited to take note of this development and appreciate the fact that the invitation extended to the Chief Judge of Bayelsa State to administer the Oath of Allegiance and Oath of Office on the Governor-Elect of Rivers State on 29th of May 2015 is in accordance with the Constitution and should therefore be respected by all and sundry.”

  • Boko Haram displaces 1.65m Nigerians – AGF

    Boko Haram displaces 1.65m Nigerians – AGF

    The Attorney-General of the Federation, Mr. Mohammed Bello Adoke(SAN), on Tuesday said the Boko Haram insurgency has displaced about 1, 650,000 Nigerians.

    He said he has also issued advisory to Boko Haram and all those involved in the conflict on the legal consequences of the unlawful use of children in armed conflict.

    He said the Federal Government would hold accountable all those found culpable for this crime and other crimes such as abduction, rape, maiming, forced displacements and sexual slavery.

    He, however, said the nation’s general election was shifted to March 28 because of the need for adequate security and in order not to disenfranchise 24million Nigerians.

    Adoke, who made the submissions in an address at the 28th Session of the United Nations Council on Human Rights in Geneva, said the government was disturbed about the increasing use of child soldiers and under-aged female suicide bombers.

    The text of the AGF’s address was made available by his office to journalists in Abuja.

    He said: “Nigeria’s experience in combating terrorism and insurgency perpetrated by the Boko Haram sect in North-Eastern Nigeria and our common borders with Chad, Niger and Cameroon, clearly demonstrates the relevance and potency of international cooperation and solidarity in tackling this scourge.

    “Since the insurgency began, close to 650,000 Nigerians have been internally displaced in the North Eastern part of Nigeria and another one million, as refugees in neighboring countries of Cameroon, Chad and Niger. This situation has posed grave humanitarian situations in the affected areas including the neighboring countries.

    “We note with satisfaction the recent successes achieved by security forces and the increased level of cooperation at regional and sub-regional level to raise a multi-national force of 8,700 involving Chad, Niger, Cameroon and Benin by the African Union, with support from our global partners.

    “My delegation believes that this initiative offers valuable lessons for the global community. In this regard, I cannot overemphasize the need for increased financial and material support for the multi-national force as well as the internally displaced persons and refugees.”

    He said the Federal Government was worried about the increasing use of child soldiers and under-aged female suicide bombers.

     

  • No provision for ING in 1999 Constitution – AGF

    No provision for ING in 1999 Constitution – AGF

    The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), has said that there is no provision for Interim National Government in the 1999 Constitution.

    He asked those behind the contraption to forget the idea because it cannot work.

    Adoke, who made the clarification in a statement in Abuja, said ING was alien to the constitution.

    He said: “My attention has been drawn to recent calls in the media by some Nigerians for the constitution of an Interim National Government to ostensibly mid-wife the 2015 general election to usher in a new democratic government.

    “While I recognize and appreciate the inalienable right of Nigerians to freely express themselves and proffer solutions to perceived national challenges, I am deeply concerned that some undiscerning Nigerians are being unwittingly led to believe that a certain prescription, which is totally alien to the constitution, can be adopted as viable solution to our national challenges.

    “It has therefore become necessary to correct this misconception and refocus the citizenry on the path of constitutionalism and democratic tenets consistent with our quest for democratic consolidation in Nigeria.

    “For avoidance of doubt, it is pertinent to state that the framers of the Constitution of the Federal Republic of Nigeria, 1999 did not envisage the constitution of Interim National Government to superintend over the affairs of government. It is therefore not surprising to observe that no provision for Interim National Government was made in the constitution.

    “The contraption called ‘Interim National Government’ is therefore alien to Nigeria’s constitutional framework and the arrangement should not be promoted by well–meaning Nigerians under any guise or circumstance.

    “Nigerians are therefore enjoined to continue to rely on the constitution, which contains adequate provisions on how the democratic process can be activated to elect their leaders from time to time.”

  • Alleged theft: AGF takes over prosecution of Cross Country boss

    A Lagos High Court, Ikeja, on Wednesday heard that the Attorney General of the Federation and Minister of Justice, Mohammed Adoke, has directed the Economic and Financial Crimes Commission (EFCC) to hands off the prosecution of Cross Country Transport Limited boss, Bube Okorodudu.

    Okorodudu is standing trial before Justice Lateef Lawal-Akapo, alongside his firms, Cross Country and Car Link Limited, for allegedly stealing N82.8 million by fraudulently selling 17 ‎units of Volkswagen transporter buses belonging to AG Moeller Limited and one Adeloye Olukemi.

    ‎At the resumed hearing on Wednesday, a counsel from the office of the AGF, D.E. Kaswe, told the court that the EFCC was no longer prosecuting the matter.

    ‎He said the AGF took over the matter from the EFCC on September 8, while the court was on vacation‎, adding that the case was taken over because of a sister criminal case before a Federal High Court in Lagos.

    ‎Praying the court for an adjournment to enable the AGF office collect the original file it requested from the EFCC, Kaswe said it would enable them examine the files and reach conclusion.

    On his part, the defence counsel, Taiwo Taiwo, said Okorodudu had voluntarily submitted himself to the police as directed by the court on July 1.

    “The first defendant (Okorodudu) was in their custody and came to court on July 14 but the court could not sit due to the strike by judiciary workers.

    “He was thereafter granted administrative bail by the police and the reason he is not here today is because I was not aware that the matter will be coming up today,” Taiwo stated.

    After hearing the submissions of both counsel, Justice Lawal-Akapo observed that the practice directive by the National Judicial Council was that judges should give priority to high profile criminal cases.

    He said:”I am not in any way impressed with the explanation given by the prosecution counsel that the AGF office is still trying to take over the original case file from the EFCC since September 8.

    “Counsel from both sides should assist the court in dealing speedily with this matter.”

    He held that the bench warrant issued against Okorodudu on July 1 was still in force.

    Lawal-Akapo ordered the police to arrest and produce him in court at the next adjournment fixed for December 2.

  • Adamawa: FG orders Ngilari’s inauguration as governor

    Adamawa: FG orders Ngilari’s inauguration as governor

    The Federal Government on Wednesday ordered the Chief Judge of Adamawa State to immediately swear-in Barr. Bala Ngilari as the governor of the state.

    The Federal High Court on Wednesday declared Ngilari’s resignation as unconstitutional, null and void.

    The court also nullified the swearing in of Ahmadu Umar Fintiri as Acting Governor of the state.

    In a statement released to State House correspondents, the Attorney General of the Federation and Minister of Justice, Mohammed Adoke, said the Independent National Electoral Commission has been accordingly advised to stop all arrangements put in place for the Saturday’s governorship bye-election in the state.

    The statement signed by the Chief Press Secretary in the ministry, Adedeji Ajibade, reads: “The attention of the Office of the Attorney General of the Federation and Minister of Justice has been drawn to the judgment of the Federal High Court, Abuja, delivered by Hon. Justice Adeniyi Ademola on October 8 in respect of the above matter.

    “The Federal High Court by its judgment under reference nullified the swearing in of Ahmadu Umar Fintiri as the Acting Governor of Adamawa State and declared the resignation of James Bala Ngilari as unconstitutional, null and void.

    “In obedience to the judgment of the court and the need to avert a vacuum in governance and possible constitutional crises, the Honourable Attorney General of the Federation and Minister of Justice, Mohammed Adoke, hereby calls on the Chief Judge of Adamawa State to immediately swear in Barr. James Ngilari as Governor of Adamawa State.

    “The Chairman, Independent National Electoral Commission is also called upon in obedience to the judgment of the Federal High Court to keep in abeyance all the arrangements made for the conduct of the bye-elections scheduled to take place in Adamawa State on Saturday, October 11, 2014,” it stated.

     

     

  • Crime pays

    Crime pays

    •That is the import of the FG’s pact with the Abacha family on our looted funds

    The Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke, has come out strongly to defend the Federal Government’s pact with the Abacha family, concerning the recovery of the funds looted by the late maximum ruler, General Sani Abacha. Under the pact, which terms are shrouded in secrecy, the Federal Government withdrew the criminal charges against the son of the late dictator, Muhammed Abacha, in exchange for a portion of the nation’s stolen wealth in custody of Abacha’s estate. Many have questioned the rationale for that procedure, particularly the issue of transparency.

    In his defence of the Federal Government at the Nigerian Bar Association general conference, in Owerri, Imo State, the minister contended that the ‘freedom in exchange for cash’ procedure “is a fitting testimony to the strenuous effort being made to ensure the sufficient disgorgement of the proceeds of crime to serve as deterrence”. While berating his colleagues and other commentators for what he called ‘ill-informed’ criticisms, the minister claimed that “the settlement has received commendation across the globe and is being used as a case study for stolen asset recovery”. The minister also claimed that the entire process was transparent and was done in the national interest.

    While we concede the minister his right to laboriously defend a policy he supervised, we disagree entirely with his assertion that the process was transparent. Except of course he mistook opacity for transparency. Indeed, if there is any reason to question the entire deal, it is because his ministry was the initiator, executor and auditor of the entire process. In such a circumstance, it is difficult to authenticate the transparency that the minister is claiming. For instance, Adoke has not told Nigerians basic transparency information concerning the deal, such as how much was stolen by the late dictator and how much is the Federal Government conceding in exchange for freedom.

    The claim of transparency should also involve Nigerians knowing whether the Federal Government employed agents to broker the deal, and if there were such third parties, who recruited them and on what terms. Indeed, considering that the minister is an appointee of the Federal Government, the federating units should also worry, if their interests were appropriately represented, considering that the stolen money belonged to the federation. Again, the minister’s claim that the settlement has received recommendation across the globe is unbelievable, except of course he is referring to rogue nations, where criminal actions of high profile individuals are often met with arranged state pardons.

    Many Nigerians are also of the opinion that if our country is to be taken seriously about the fight against corruption, there should have been no deal with the Abacha family. Rather, the Federal Government should have pursued the recovery process to its logical conclusion, to send out the message that crime does not pay. Now, with the family keeping part of the criminally acquired wealth, and suffering no punishment for that, would it not send the message that crime pays? In our opinion, a full exploitation of our criminal justice system would have been more salutary for our nation’s beleaguered image.

    Nigerians are also genuinely worried that even the monies agreed to be refunded to the federal coffers may never get there. As we have harped on severally on this page, there have been many instances of officials looting recovered funds. Considering our experience with brokered deals in exchange for criminal indictment of treasury looters, we hope this case will not go the way of former Inspector-General of Police, Tafa Balogun. The National Assembly and the civil society should demand for details of this transaction.

  • Defection: Senator urges Adoke to withdraw suit against Tambuwal

    Defection: Senator urges Adoke to withdraw suit against Tambuwal

    The senator representing Zamfara Central in the National Assembly, Kabiru Marafa, yesterday urged the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN), to withdraw the suit he filed against the leadership of the House of Representatives.

    Marafa told reporters in Abuja that Adoke needs to withdraw the suit within two weeks, to show that he is not supporting the interest of the Peoples Democratic Party (PDP).

    The senator advised the AGF to join the lawmakers who defected to the PDP, if he wanted to prosecute the suit against Tambuwal.

    He said: “Within the next two weeks, I urge the Attorney-General of the Federation to withdraw this suit against the Speaker or join the other colleagues in the House of Representatives who also defected from other political parties to the PDP.

    “It is when he does so we will call him the Attorney-General of the Federation and not the Attorney-General of the PDP.

    “He should withdraw this suit within these two weeks.

    “If he fails to do so, I urge my brother and Commander-in-Chief to show the AGF the way out (of the cabinet) and to assure House members that they can investigate ministers or any other government functionary as part of their oversight responsibility, as enshrined in the Constitution.”

    Marafa stressed that his colleagues “will not hesitate, on resumption (on June 24), to invoke the necessary or relevant sections of the constitution to defend the masses, the Constitution and the National Assembly”, if the AGF fails to do the right thing.

    “I think it is enough of this impunity. Nobody should stop us from doing our work. We should be allowed to carry out our work, as enshrined in the Constitution. Whoever feels otherwise is free to come to the National Assembly.”

    The senator said there was a possible connivance between the Judiciary and the Executive on the matter.

    He said: “The Judiciary, as an institution, comprises great men and women of proven integrity.”

    Marafa said there might be some “bad eggs” within the system.

    The senator said he was confident that the Nigerian Judicial Council (NJC) members would do the right thing.

    “I think it is time for their own leadership to call this type of judges to order,” he said.

    Marafa warned that failure to do so “could lead to anarchy, especially when you start overstepping into someone else’s responsibilities; you are just calling for trouble”.

    The senator decried the attitude of some government officials who usually rush to court or tell their cronies to go to court and stop the National Assembly from carrying out its oversight functions.

    He added: “That practice is unconstitutional and it can lead to a lot of consequences. But I don’t see the connivance between the two institutions. They are responsible institutions of the federal republic and I cannot see them conniving to deny another organ doing its work. But I feel this is the time for it to rise and be counted.”

    Adoke, on April 22, sued Tambuwal to compel him to enforce the judgment of an Abuja Federal High Court, which declared vacant the seats of some defected lawmakers from the PDP to the All Progressives Congress (APC).

    The minister also drew Tambuwal’s attention to the judgment of Justice J. Ademola, delivered on March 31. The judgment declared that the defected lawmakers had no business in the House of Representatives and should resign their seats.

    The AGF, through his counsel –  Ade Okeaya-Inneh, (SAN), Dr. Fabian Ajogwu (SAN) and Solomon Umoh (SAN), insisted that based on Sections 68(1) (g), 68(2), and 49 of the 1999 Constitution (as amended) and the decision of the Supreme Court in the case of Oloyo v Alegbe (1983), SCNLR 35, as well as the decision of the Federal High Court per Ademola, J. (in the absence of any order of court to the contrary), the House of Representatives was not properly constituted and/or lawfully composed as envisaged by Section 49 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

    They maintained that the House could not continue to lawfully exercise its legislative powers and functions under Section 4 of the Constitution (as distinct from proceedings) based on its current arrangement.

    The suit also prayed the court to declare that the defendants could not lawfully count the votes in the presence of the lawmakers affected by the Federal High Court judgment, to determine if a bill is carried or not, and for forming a quorum of the second defendant or its committees (under Section 62 (2) of the Constitution).

    The plaintiff also prayed the court for an order of perpetual injunction restraining the Speaker from permitting the affected lawmakers, who defected by reason of the decision of the Federal High Court from the PDP to APC, from further participating in the activities of the House of Representatives.

    The defendants are the House of Representatives and the Speaker.

     

     

  • Adoke failed Jonathan on corruption, emergency rule – Clark

    The Minister of Justice and Attorney General of the Federation, Mr. Mohammed Adoke, has been accused of being the weak link in President Goodluck Jonathan’s anti-corruption drive.

    He has also been fingered as the minister that misadvised the President on the partial declaration of state of emergency in the three troubled states of Adamawa, Borno and Yobe.

    Ijaw leader and one time Federal Commissioner of Information, Chief Edwin Clark, made these allegations on Tuesday in Abuja while briefing journalists on the state of emergency in the three states.

    Clark noted that after watching the minister for a while, he came to the occlusion that he has not done enough in the fight against corruption, stressing that as the attorney General of the federation, he ought to strengthen the judicial process.

    He said: “Before I took this decision, I have been too patent. I have watched him for so long. In most cases he has not done well. He has not given the President good advice. On the issue of corruption, he has not done well.

    “A good attorney General would give strength to the administration by ensuring that corruption cases are fully prosecuted.”

    On the role of the minister on the declaration of partial state of emergency in the Boko Haram burdened states, the elder statesman  said, the minister misadvised the President by citing the case of Governor Joseph Dariye of Plateau State.

    According to Clark, the Supreme Court did not condemn former President Olusegun Obasanjo for suspending the democratic structures in Plateau State when he declared emergency rule in the state contrary to what the minister made the President to believe.

    He pointed out that Adoke ought to have done his check well before advising the President Jonathan on partial state of emergency.

     

  • NBA, Adoke, Aturu pay tributes

    NBA, Adoke, Aturu pay tributes

    The Nigerian Bar Association (NBA); the Attorney-General of the Federation (AGF), Mohammed Adoke (SAN) and rights activist, Bamidele Aturu, paid tributes yesterday to the late Justice ChuKwudifu Oputa.

    They described him as one of the finest legal minds that ever emerged from the nation’s Judiciary.

    In a statement yesterday, NBA President Okey Wali (SAN) noted that with Justice Oputa’s demise, the legal profession and the nation had lost a rare gem.

    “On behalf of the NBA, I hereby give our condolences to the Judiciary and his family, while praying for the repose of his soul. I also pray that God will give the family, the Bench and the Bar, the fortitude to bear the loss,” Wali said.

    Adoke, in a statement, said the deceased was one of the country’s foremost legal icons who served the legal profession, the country and humanity with characteristic candour, courage and dedication.

    “On May 4, 2014, the legal community received the news of the sad loss of Honourable Justice Chukwudifu Oputa, CON, JSC (rtd), a former Justice of the Supreme Court of Nigeria. Honourable Justice Oputa was, until his death, one of Nigeria’s foremost legal icons who served the legal profession, the country and humanity with characteristic candour, courage and dedication.

    “The legal profession and the country will surely miss him. My thoughts are with the Oputa family at these difficult and challenging moments. I hereby join millions of his well-wishers across the length and breadth of this country and beyond, in praying to the Almighty God for the repose of his soul. I also pray the Almighty God to grant the family the fortitude to bear this irreparable loss,” Adoke said.

    Aturu, also in a statement, said anyone who had read Oputa’s judgments and opinions would agree that he was one of the finest jurists that ever lived.

    Aturu said: “His knowledge of the law is sound, deep and catholic. Not once has anyone – litigant or counsel – challenged Justice Oputa’s judgment on the ground of corruption. Of course, there were many decisions he gave that one could disagree with.

    “Even then, one cannot but recognise that he approached his work with unparalleled zeal and uncommon honesty. We have the onerous duty to do all in our power to ensure that traders or mercantilists of the worst hue are no longer appointed to the Bench to desecrate it.

    “This duty is for all Nigerians and cannot be left to lawyers and judges alone. May his vibrant and rigorous soul rest in peace.”

  • Jonathan okays judges, sack

    Jonathan okays judges, sack

    President Goodluck Jonathan yesterday approved the National Judicial Council’s (NJC’s) recommendations for the compulsory retirement of two judges.

    The NJC last month recommended the compulsory retirement of Justice Gladys Olotu and Justice Ufot Inyang over alleged gross misconduct.

    The Minister of Justice and Attorney General of the Federation, Mohammed Adoke told State House correspondents yeseterday that the President has approved the NJC recommendation.

    The NJC said the decision to recommend the retirement of Olotu of the Federal High Court and Inyang of the FCT High court was taken at the Council’s meeting of Feb 26.

    He said the NJC’s findings were necessitated by petitions on allegations of gross misconduct levelled against them.