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Tag: Mr Abubakar Malami

  • AGF calls on INEC to allow Zamfara APC field candidates for elections

    The Attorney-General of the Federation, Mr Abubakar Malami, (SAN) has asked the Independent National Electoral Commission, (INEC) to allow the All Progressives Congress (APC) Zamfara, field candidates for the general elections.

    Malami, who doubles as the Minister of Justice, made the call in a letter to INEC dated Feb. 13, and made available to the News Agency of Nigeria (NAN).

    The minister said that INEC could not foreclose the right of a political party to participate in elections without recourse to the Act.

    “My office received a petition from the firm of M. A. Mahmud, (SAN) & CO, in respect of the need to urgently consider Sections 38 and 39 of the Electoral Act and extend the time for the APC Zamfara to field a gubernatorial candidate in the light of a Zamfara High Court judgment in suit No.ZMS/GS/52/2018.

    “The letter was requesting that the subsisting judgment in the suit be upheld and respected by INEC, as the Court of Appeal has upheld the appeal with No. CA/S/23/2019; thus effectively annulling the grounds upon which the purported cancellation of the APC Primaries in Zamfara by INEC was based.’’

    Malami, in the letter invited INEC to comply with the judgment of the Court of Appeal by admitting the results of the APC Zamfara primaries.

    He also invited INEC to comply with the provisions of Section 38 of the Electoral Act, which empower the commission to postpone the election for the governorship, National Assembly and House of Assembly elections.

    He said this was in view of the fact since the Court of Appeal had upheld the primaries as valid, the APC in Zamfara would need a little time to catch up with its contemporaries in the election.

    “Granting them this concession is not necessarily a favour but a right that inures to all contestants under similar circumstances.”

    The AGF maintained that by the doctrine and principle of judicial precedence, the appeal superseded the Federal High Court’s position which foreclosed APC Zamfara from fielding candidates in the Feb. and March general elections. (NAN)

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

    Maina: Senate seeks sack of Malami, Danbazau, others

    The Senate Tuesday mandated its joint committee on Public Service, Anti-Corruption, Interior and Judiciary to investigate the circumstances surrounding the controversial return of former Chairman, Presidential Task Force on Pension Reforms, Abdulrasheed Maina to the country.

    The committee is also to determine how Maina was reinstated into the civil service and handed enhanced promotion to the position of director.

    The upper chamber said that development became even curious especially when Maina is on the wanted list of the country for alleged fraudulent activities.

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

    Misau said that the circumstances of Misau’s return and reinstatement into the civil service had become 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, Mr. Abubakar Malami and the Interior Minister, Abdulrahmane Danzabau as two public officials that should be hammered by President Buhari for their alleged roles in the return and reinstatement of Maina.

    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.”

    Senate Chief Whip, Senator Olusola Adeyeye in his submission 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 roll 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 eyes 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 on his part 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 said:

    “The Senate must 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.

    Senator Tayo Alasoadura on his own cautioned:

    “The President has set up a committee to investigate the matter. We should not 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.

    Senator Dino Melaye said:

    “The whole unfolding affair is pathetic. 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, Abubakar Bukola Saraki asked the joint committee to do a thorough job.

    Chairmen and deputies of the four committees were appointed to form an adhoc committee to investigate the issue.

    Saraki concluded: “We are all very disturbed. I want the committee to work hard and bring this matter back to us. We need to investigate the breech in our security and how the anti-corruption war is going.”

  • AGF’s directives create tension in the EFCC

    AGF’s directives create tension in the EFCC

    There were fears yesterday over the future of the Buhari administration’s anti-corruption war, following a letter from the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN).

    The AGF is demanding for the outcome of some investigations and recommendations on such cases  from the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu.

    The letter is suspected to be a booby trap for Magu to show whether or not he will disrespect the directive of the AGF.

    At the EFCC, officials are concerned that the AGF may use his constitutional powers to determine which cases to prosecute or discontinue.

    It was learnt that the Presidency may, however, wade into the crisis of confidence between the AGF and the Acting EFCC chairman.

    The AGF, in an August 1 letter (titled Compliance with the Economic and Financial Crimes Commission  (Enforcement) Regulations 2010) signed by Abiodun Aikomo Esq, directed Magu to ensure “compliance going forward”. There was no timeline for the submission of the reports on serious cases. Besides, such cases are not listed.

    The letter said: “I am directed by the Honourable Attorney- General and Minister of Justice to refer to the Economic and Financial Crimes Commission  (Enforcement) Regulations 2010 (the Regulation) published in the Federal Republic of Nigeria Official Gazette No.61 Vol. of 21st September 2010, particularly the obligations of the Economic and Financial Crimes Commission  (EFCC/the Commission)thereunder.  The said Regulation is attached herewith for ease of reference.

    “I am directed to refer specifically to Section 10 (1) which mandates the Commission to forward to the Attorney- General, in respect of a case of complaint which is serious or complex within the context of the Regulation, the outcome of its investigation(s) with its recommendations on whether there are sufficient grounds to initiate prosecution.

    “The Honourable Attorney-General observes that the Commission has been in breach of the above cited provision of the Regulation for some time, hence this reminder to the Commission to ensure compliance going forward.

    “Accept please, the assurances of the best of the Honourable Attorney General.”

    The AGF’s directive has created some tension in the EFCC because it appears that the Minister has drawn a line.

    A source, who spoke in confidence, said: “We suspect that the AGF now wants to determine which serious cases to prosecute and those to discontinue.

    “This is a replica of what we experienced about 10 years ago when a former Attorney-General of the Federation and Minister of Justice, Mr. Mike Aondoakaa(SAN), was trying to exercise his prosecutorial powers by cutting the former EFCC Chairman, Mallam Nuhu Ribadu, to size.

    “We are all downcast because what we consider good cases might be rejected by the AGF. Yet, the Acting EFCC chairman cannot disobey the AGF.

    “This is the second time the EFCC will go through this type of hurdle during the tenure of Magu. At a point, the National Prosecution Committee demanded for similar case files but we could not afford such a risk.”

    The source added: “We are expecting that the Presidency will intervene to manage the crisis of confidence between the AGF and the Acting Chairman of EFCC.

    “Magu has nothing against the AGF but some forces are just creating bad blood between them.”

    The office of the AGF said yesterday that it had no plan to take over high profile criminal cases from the prosecuting agencies handling them.

    AGF spokesman Salihu Isah told The Nation that a letter from the Federal Ministry of Justice, requesting some prosecuting agencies to update the ministry with development in such cases was not an attempt to take over the cases.

    He said such information was required by the National Prosecution Coordination Committee (NPCC) to enable it assess the cases, plan and offer strategic advice where necessary.

    Isah, who also acts as the spokesman for the NPCC, which resides within the Federal Ministry of Justice, noted that the committee was empowered to seek such information from the various prosecuting agencies to enable it perform its responsibility of advising the AGF.

    He said: “The letter did not say they should hand over the cases to us. The committee wants to know the status of the cases so that they will know what to do to assist. It is not that we are taking over. The media appears not to understand what we are doing.

    “You should know that the Federal Ministry of Justice, being the supervisory ministry for these prosecuting agencies, deserves to know the status of these cases. So, that is why we want them to furnish the ministry and the NPCC with information about the status of these cases.”

    Isah drew attention to a statement he issued late last year at the inauguration of the NPCC, explaining the responsibilities of the committee.

    Isah, in the statement issued last November, said the 19-man NPCC “is charged with ensuring the efficient, effective and result oriented prosecution of high profile criminal cases in the country.

    “The Committee is also to guarantee prompt contact and synergy between investigators and the prosecutors of high profile criminal cases, manage information to the public on such cases as well as to ensure strict compliance to the Administration of Criminal Justice Act (ACJA), 2015.

    “For its terms of reference, the NPCC is to advise the HAGF on the exercise of his prosecutorial powers in Section 150 and 174 of the 1999 Constitution, prepare the policy strategy document for the coordination of investigation and prosecution of high profile criminal cases in Nigeria and to also collate the list of such cases as well as assigning them to prosecution teams.

    “The Committee will scrutinise the proof of evidence and charges in high profile criminal cases in the country before arraignment. In addition, it will receive and analyse reports from the investigation and prosecution teams engaged to handle such cases.”

  • Lawyer urges Nigerians to stop celebrating corruption

    Lawyer urges Nigerians to stop celebrating corruption

    A Legal Practitioner, Mr Stanley Dien has called on Nigerians to stop celebrating each time the Federal Government loses its case against alleged corrupt individuals in court.

    Dien made the call in an interview with the News Agency of Nigeria (NAN) on Monday in Abuja against the backdrop of corruption cases the Federal Government has been losing in courts.

    According to him, “I shudder at the rate at which some Nigerians celebrate people that were alleged to have made away with the country’s money.”

    He called on the citizenry to have a sober reflection on the way they celebrate allegedly corrupt people whenever they won their cases in court.

    He said that such could send the wrong signal to the international community.

    The legal practitioner said that though the decision of the court had been very worrisome, especially in the fight against corruption by the administration of President Muhammadu Buhari, the law must however be allowed to take its course.

    Dien said that there was no point to celebrate such losses, adding that since Nigeria operates a democratic government, the rule of law must be allowed to prevail.

    He said that a situation where the court would keep relying on technicalities to rule on a case would not augur well in the fight against corruption.

    He said that the judge handling the case involving Justice Adeniyi Ademola should have gone into a full trial, adding that the justice should have been allowed to state how he came about the money

    The legal practitioner said that the judge should have allowed the case to go on its merit and people should not be allowed to celebrate it.

    The News Agency of Nigeria, (NAN) recalls that an FCT High Court in Abuja had on April 5, dismissed the 18-count criminal charges brought by the Federal Government against Ademola of the Federal High Court and his wife.

    Also, the Federal High Court sitting in Lagos on April 3 ordered the unfreezing of the account of Lagos lawyer, Mike Ozekhome (SAN), with a sum of N75million professional fee paid to him by Governor Ayo Fayose of Ekiti State.

    The Economic and Financial Crimes Commission (EFCC) had alleged that the money was proceeds of corruption.

    The initial forfeiture of the sum of 900,000 dollars found in an account of former First Lady, Mrs Patience Jonathan was similarly reversed on the order of another court.

    Former Minister of Niger Delta, Elder Godsday Orubebe was also discharged and acquitted on offence bothering on corruption after the Attorney General for the Federation, Mr Abubakar Malami told ICPC that the case filed against Orubebe did not exist.

  • Nigeria, UK sign MoU on return of stolen assets

    Nigeria, UK sign MoU on return of stolen assets

    The Federal Government has signed a Memorandum of Understanding (MoU) with the British Government on the modalities for the return of Nigerian stolen assets.

    The Attorney-General of the Federation, Mr Abubakar Malami, signed on behalf of the Federal Government in Abuja on Tuesday.

    Malami said that the MoU reflected the desire and willingness of both countries to continue cooperation and mutual support.

    Malami said that this was in the responsible and transparent return of all recovered assets.

    He outlined the objectives of the MoU to include the fact that the processes of returning stolen assets was a partnership recognising the interest of both countries and based on mutual understanding, confidence and trust.

    “That both countries recognised that they have a mutual interest in ensuring that returned assets are not at risk of being misappropriated again.

    “And that both countries recognised they have obligations toward their own citizens for providing such assurances.

    “That both countries recognised the importance of ensuring that the highest possible standard of transparency and accountability are applied for the return of assets.”

    He gave the assurance to the international community that all funds recovered would be judiciously utilised for projects that would benefit the poorest segment of the Nigerian society.

    Earlier, leader of the UK delegation, British Minister of State for Immigration, Robert Goodwill, said that the MoU provided the mechanism by which monies could be returned.

    Goodwill, who is also a member of the British Parliament, noted that there was no safe place for stolen assets in the UK.

    “Our ability to recover and return stolen assets should send a clear message to all who may seek to habour such assets that there is no safe haven in the U.K,” he said.

    According to him, the British government is committed to the return of all funds looted from the Nigerian State.

    “We are keen to do this as soon as the necessary legal process allow.

    “As outlined at the summit, we will be taking steps to accelerate the procedures for identification and confiscation of illegally acquired assets.”

    He said that they were as committed as Nigeria in ensuring that beneficial ownership of assets was made available to relevant authorities so they know who the real owners of assets held in the UK are.

    “Forty jurisdictions, including British Overseas Territories and Crown Dependencies announced that they will automatically share beneficial ownership information relating to companies, trusts, foundations, Shell companies and other relevant entities and legal arrangements.

    “It is important that everyone can see how returned assets are used to benefit Nigerians. We have therefore agreed in this MoU to be fully transparent about this.”

    The signing of the MoU is a follow up to the agreement reached at the London anti-corruption summit in May.

  • Forgery case: Melaye alleges attempts to tamper with evidence

    Forgery case: Melaye alleges attempts to tamper with evidence

    The Senator representing Kogi West, Dino Melaye, yesterday claimed that unnamed individuals have concluded plans to doctor the Police report on the investigation of allegation of forgery leveled against the leadership of the Senate.

    Melaye who is also Chairman, Senate Committee on Federal Capital Territory (FCT), alleged that the plan was aimed to indict Senate President, Abubakar Bukola Saraki and his Deputy, Senator Ike Ekweremadu.

    The Kogi West Senator in a statement circulated in Abuja claimed that “those behind the sinister plot are scheming to forge a police report different from the one signed by DIG Dan’Azumi J. Doma in other to justify and prove a case of forgery against the Senate President and the Deputy president.”

    He said it was necessary for members of the public to be aware of the ‘unlawful plan’.

    He said, “We have our own sources and we have been reliably informed that the prosecution having realised that there is a big hole in their case against Saraki and Ekweremadu who were not mentioned in the police report, are now trying to doctor the report and include the names of both presiding officers of the Senate

    “We are aware of that development and we want members of the public to know the level of desperation that these people are ready to go to nail the Senate President and his Deputy.

    “It is because of this plan that they refused to include the police report in the process they filed in court.

    “We have said it repeatedly that the government and specifically, the Attorney General of the Federation (AGF), Mr. Abubakar Malami has no case against our presiding officers.

    “They filed the case to distract the two men, embarrass them, force a change of leadership and eventually cow the Senate, in particular, and the National Assembly, in general.

    “The forgery case is the height of desperation by some elements to bring down the legislature. Malami has a personal agenda to achieve an objective for which he has been hired as a counsel by a few aggrieved Senators.

    “Now, a court has affirmed our claim that he is abusing his office and that there is a conflict of interest involving him.

    “The said police report is already in the public space. The media has published it verbatim. We will be watching them to see how they will smuggle Saraki and Ekweremadu’s names into it.

    “This is the height of desperation and we will continue to monitor developments on it. It is clear those who initiated this forgery suit against the leadership of the Senate know that they have made a mistake. They should cut their losses and discontinue the error.

    “To think that they will now use forgery to justify a false case of forgery, further their abuse of the court process as well as abuse of office and think we will be looking at them will not be possible.

    “We will call on the courts to continue to play their role as the last resort for every man who wants justice at all times and in all circumstances.”

  • Osinbajo urges business practitioners to embrace arbitration

    Osinbajo urges business practitioners to embrace arbitration

    The Vice President, Prof. Yemi Osinbajo, has urged business practitioners to embrace commercial arbitration for the desired speed in dispute resolution to attract international investors.

    Osinbajo made the plea in a message to the opening of the First International Chamber of Commerce (ICC) Regional Conference on Monday in Lagos.

    The vice president, who was represented by the Minister of Justice and Attorney-General, Mr Abubakar Malami, said that dispute resolution mechanism was a factor in all investments’ decisions.

    He said that dispute resolution constituted a significant determinant of a country’s ranking in doing business, adding that disputes were common in business environment.

    “Every prudent society must design and constantly draw the processes through which disputes could be resolved in an amicable manner.

    “In the world of today, commercial arbitration is now recognised as a preferred method of solving several commercial disputes.

    “Arbitration is now seen as not only possessing the desired speed but also aggregating competency and often times, relationship is tied to this process,“ Osinbajo said.

    He, however, urged conference participants to take time in addressing critical issues which would expand legal arbitration as a desired tool for dispute resolution in Nigeria.

    Also speaking, the President, of ICC in Paris, Mr Alexis Mourre, commended Nigeria for hosting the first Africa Regional Arbitration Conference.

    Mourre said that with more engagements and interactions on arbitration, commercial practitioners would recognise the arbitration; just like common law and civil laws.

    He said that ICC was one of the institutions which adopted arbitration, adding that 70 per cent of world arbitration came from ICC.

    Mourre said that more people were needed in Africa to adopt arbitration.

    “Arbitration is booming in Africa. No future of arbitration without African arbitration. Yet it is still difficult to find good arbitrators in Africa.

    “We hope that at the end of the conference, we will be seeing more arbitrators in Africa,“ the News Agency of Nigeria quotes Mourre as saying.

    The Chairman, Planning Committee, Nigeria ICC, Mrs Dorothy Ufot, said that the theme of the three-day event, scheduled to hold from June 19 to June 21, is “Arbitration and Africa: Prospects and Challenges’’.

    She said that the planning committee came up with the idea as a result of Africa being the next major destination for Foreign Direct Investments (FDIs) by the international community.

    Ufot urged the international community to support Africa’s efforts to promote economic growth and investments.

    She said that the interest of investors across the continent was so numerous that oil mining companies were looking forward to developing natural resources.

    “The investors are also interested in infrastructure, technology, agri-business, consumer goods and manufacturing companies that would create sustained growth and create jobs and improved livelihood.

    “There is no how commercial disputes will not arise during the processes and the conference aims at setting background for their resolution,’’ Ufot said.

    According to her, ICC Nigeria is an affiliate of ICC Headquarters in Paris.
    She said that ICC in Paris had ICC International Court of Arbitration as one of its operational arms.

    Ufot recalled that ICC was established in 1919 in Paris, which was one of the largest business organisations in the world with over six million companies and chambers of commerce and business associates in more than 130 countries including Nigeria.

    She said that the conference had been taken all over the world, adding that Nigeria was grateful to host the First ICC Regional Conference.

    Ufot also commended the president of ICC International for ensuring that the conference holds in Nigeria.

    “All countries in Africa are busy trying to attract foreign investments. You will agree with me that without international arbitration, there cannot be foreign investors.

    “In any jurisdiction, arbitration is one of the viable components of attracting foreign investors,’’ she said.

    Ufot, however, commended organisations that supported the Nigeria ICC Conference such as Global Network, Dangote Company, NBA, Nigerian Shippers’ Council, Nigerian Ports Authority, among others.

     

  • Reps summon AGF, IGP over Kogi Assembly

    Reps summon AGF, IGP over Kogi Assembly

    The House of Representatives on Tuesday, summoned the Attorney General of the Federation, Mr Abubakar Malami, to appear before its Committee on Judiciary over his alleged role in the Kogi House of Assembly crisis.

    This followed a point of order moved by Rep. Nicholas Ossai (Delta-PDP), who cited the Attorney General’s instruction to the Inspector-General of Police to reopen the assembly for proceedings.

    Ossai described the move as unwarranted and unlawful.

    In his contribution, the Majority Leader of the House, Mr. Femi Gbajabiamila, described the actions of the Attorney General as sad.

    He said that the resolution of the house to seal Kogi assembly was based on Section 11 of the house’s rules.

    Pally Iriase, who led the chamber’s delegation to Kogi, said that the matter was not in court when the house passed a resolution to take over legislative functions of Kogi assembly as provided by the Constitution.

    The Speaker of the House, Mr Yakubu Dogara, said that sensitive matters like that should be treated with seriousness.

    On his part, Rep. Muhammadu Bago (Niger-APC) called for the Attorney General’s resignation, saying that he lacked the power to instruct the reopening of the assembly.

    The legislators, however, resolved to summon the Inspector-General of Police and Malami to appear before their relevant committees.

    They also constituted a 22-member Ad hoc Committee headed by the majority leader to investigate the matter and report back in two weeks for further legislative attention.

    The News Agency of Nigeria (NAN) reports that the house resumed plenary on Tuesday after two weeks recess for the Easter celebration.