Politics

Court nullifies sale of assets recovered by Malami committee

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Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos, on Tuesday nullified the sale of assets recovered by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), under the Asset Tracing, Recovery and Management Regulations, 2019.

The judge gave the ruling in a suit filed by the Incorporated Trustees of the Human and Environmental Development Agenda (HEDA) Resource Centre against the AGF.

He also declared that the Asset Tracing, Recovery and Management Regulations, 2019 as an invalid statutory instrument, saying the powers of the committee headed by Malami were beyond the legal powers of the office of the AGF.

The AGF had on November 9, 2020, inaugurated the Inter-Ministerial Committee on the disposal of assets forfeited to the Federal Government.

The establishment of the committee, according to the minister, was in line with the President’s directive of October 2018 following recommendations of the Presidential Audit Committee on Recovery and Management of Stolen Assets and a need for efficient management of the assets.

But HEDA through its counsel, Omotayo Olatubosun, challenged the AGF’s power to set up the committee, arguing that the regulations conflicted with the Economic and Financial Crimes Commission (EFCC) Act, Trafficking in Persons (Prohibition) Enforcement and Administrative Act, 2015, National Drug Law Enforcement Agency (NDLEA) Act, 2004 and Independent Corrupt Practices Commission Act (ICPC), 2000, among others, on the disposal of forfeited assets.

In filing the suit, the plaintiff sought nine reliefs including the nullification of all disposals of assets by the committee.

In his judgment, Justice Lewis-Allagoa dismissed the AGF’s preliminary objection argued by the committee’s counsel, Tolu Mokunolu, and granted all of HEDA’s reliefs as prayed on the motion paper.

He said: “I am entirely in agreement with the submission of counsels to the plaintiff that the Asset Tracing, Recovery and Management Regulations, 2019 are contrary to the statutory provisions of the Economic and Financial Crimes Commission EFCC Act, Trafficking in Persons Cohabitation Enforcement and Administration Act, NDLEA Act and Immigration Act.

A careful perusal of the above statutory provisions will show the provisions for the Attorney-General of the Federation to make regulations for the agencies for disposal of assets under the various enactments listed above.

“The above statutory enactments are therefore the enabling source of the Attorney-General of the Federation to the regulations.

“Consequently, the administrative powers to be exercised by the Honourable Attorney-General of the Federation must flow from the enabling statutes.

“It is pertinent to state that the powers of the Attorney-General of the Federation do not override the provisions of the enabling statutes stabilising the powers of the law enforcement agencies and anti-corruption agencies and consequently the powers referred to in the commencement clause of the regulations merely are to be exercised in accordance with the Acts not to usurp the mandatory powers vested in the law enforcement agencies and the anti-corruption agencies.”

Politics

Malami dismisses rumours of resignation from Nigerian govt

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The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), has dismissed rumours of his resignation from President Muhammadu Buhari’s administration.

A report emerged earlier in the week that Malami is eyeing the All Progressives Congress (APC) governorship ticket in Kebbi State.

In a statement issued by his media aide, Umar Gwandu, the AGF said he remained committed to discharging his statutory obligations and responsibilities in accordance with the laws.

The statement read: “There is naturally an end to everything. My tenure in office has not yet ended. I pray for a glorious end.”

Politics

Malami dismisses rumours of resignation from Nigerian govt

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The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), has dismissed rumours of his resignation from President Muhammadu Buhari’s administration.

A report emerged earlier in the week that Malami is eyeing the All Progressives Congress (APC) governorship ticket in Kebbi State.

In a statement issued by his media aide, Umar Gwandu, the AGF said he remained committed to discharging his statutory obligations and responsibilities in accordance with the laws.

The statement read: “There is naturally an end to everything. My tenure in office has not yet ended. I pray for a glorious end.”

Politics

Falana accuses Malami of manipulating court over rulings on Electoral Act

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The furore over the amendment of section 84(12) of the Electoral Act 2022 continued on Sunday after a Senior Advocate of Nigeria, Femi Falana, accused the Attorney-General of the Federation and Minister of Justice, Abubakar Malami of manipulating the judiciary on the matter.

Justice Evelyn Anyadike of the Federal High Court, Umuahia, had on March 19 ordered the AGF to delete the contentious section which requires political appointees to resign from their positions at least three months before their parties’ primaries or conventions.

The ruling came a few days after the Federal High Court, Abuja, restrained the National Assembly from taking further action on the electoral law.

In a chat with journalists last week, Malami said the Federal Government had commenced steps on the removal of the section.

Falana, who reacted to the development in a statement, alleged that Malami manipulated the court to issue conflicting orders on the electoral law.

He said: “Malami, who is the defendant in both cases, did not draw the attention of the Ibadan and Umuahia judicial divisions of the federal high court to the fact that the Abuja division of the same court had on March 7, 2022, restrained the AGF, President Muhammadu Buhari, National Assembly and the Independent National Electoral Commission (INEC) from refusing to implement the provisions of the section.

“Malami failed to disclose to the Umuahia judicial division of the federal high court that the Ibadan division had struck out a similar case for want of locus standi.

“In any case, since the case pending at the Ibadan judicial division of the federal high court was well reported in the print and electronic media, the judge sitting in the Umuahia judicial division ought to have struck out the fresh case before her as it constituted a gross abuse of court process.

“It is pertinent to note that while the AGF pretended not to know about the order of interim injunction granted by the Abuja judicial division of the federal high court, he has announced the plan of the federal government to comply with the judgment delivered in the Umuahia case as soon as possible.”

Politics

Nigerians still using Twitter will know the law they’re violating when charged to court – AGF Malami

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The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has said that violators of the Twitter ban will become aware of the law they are breaking when charged to court.

Recall that Malami, on Saturday, ordered the prosecution of Nigerians defying the government’s ban on Twitter, but did not state the specify law that is being violated.

When asked which law he intends to invoke to prosecute alleged offenders, the AGF, who spoke through his media aide, Umar Gwandu, told Premium Times that “the alleged violators would get to know in court”.

He added; “We will invite journalists at the time of prosecution, and they will know which laws are used to prosecute. The point is Twitter has been banned. Anybody should not try to use Twitter.

At the time we are gathering them and assembling them in court, they will get to know which law they are violating. The government has banned Twitter and anybody who uses it will be penalised. The point is they violated the ban. They are violating the federal government laws”.

Politics

Why we won’t return Ibori loot to Delta State –Malami

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The Attorney-General of the Federation, Abubakar Malami, has given a detailed rationale on Tuesday, March 9, as to why the loot recovered from former Delta State Governor, James Ibori will be used for federal projects.

Ripples Nigeria had reported that Malami, earlier on Tuesday with the British High Commissioner to Nigeria, Catriona Laing, announced the return of £4.2 million recovered from Mr. Ibori and his friends.

The funds, set to arrive in the country within two weeks, are expected to be used for the construction of the second Niger Bridge, Abuja-Kano road, and Lagos-Ibadan Express road and not returned to the Delta State Government where it was pilfered from.

The major consideration relating to who is entitled to a fraction or perhaps the money in its entirety is a function of law and international diplomacy,” Mr. Malami said during his Tuesday appearance on Channels Television’s Politics Today.

Furthermore, Malami stated that the law which was alleged to have been breached by Ibori was a federal law and that the parties of interests involved in the repatriation of the funds were national and not sub-national governments.

“All the processes associated with the recovery were consummated by the federal government and the federal government is, indeed, the victim of crime and not sub-national,” he said.

When pressed on whether the British government had insisted that the money be spent on certain projects, Mr. Malami said it was not “a matter of insistence but a matter of negotiation between two sovereign states.”

Ibori was convicted by a UK court in 2012 after pleading guilty to 10 charges of fraud and money laundering.

But the negotiations for the repatriation of his looted assets lasted for over seven years, due to what Mr. Malami described as “judicial processes” which require all appeals to be exhausted before final forfeiture is granted.

“This hampered the speedy recovery of the looted assets,” he said.

Mr. Malami, who also doubles as the Minister of Justice, said the government is pursuing the recovery of other looted assets, including more Ibori assets amounting to over £100 million.

Politics

Malami says Nigerian govt to establish specialised courts, judicial divisions on GBV

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The Federal Government is working towards the establishment of specialised courts and judicial divisions that will focus on sexual and gender-based violence (GBV), Malami revealed.

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN made this known while speaking at a virtual session on `Special Event on Gender Dimensions of Criminal Justice Responses to Terrorism’ on Monday, March 8.

The event was organised by the UN Office on Drug and Crime as part of events commemorating the 2021 International Women Day holding in Kyoto, Japan.

It focused significant attention on the issue of sexual and gender-based violence.

Malami recalled in 2020, he inaugurated the Inter-Ministerial Management Committee on Eradication of Sexual and Gender-Based Violence with the hope that it will be an important tool in helping Nigeria to address gender-based crimes.

He said the Complex Case Group under his office, in collaboration with relevant stakeholders, leads in the efforts to bring suspected terrorists to justice.

‘`We also in collaboration with the military, police, and other security service investigators from the multiagency Joint Investigation Centre, in North-East worked to include sexual-violence related charges against Boko Haram suspects’’.

He said that the current administration knows well that giving a voice to women is an important aspect of development as women are important agents of positive change.

He noted with dismay that terrorist groups continue to kidnap and commit sexual and gender-based violence against women and girls.

Preventing these crimes and bringing those who commit these acts to justice remains a priority of the government of President Muhammadu Buhari.

“Another emerging area of grave concern is the abduction and kidnapping of teenagers in boarding houses for ransom.

“The perpetrators target this group of people possibly to scare them from schooling and this is indeed a sad situation.

“We must work to prevent both male and female perpetrators from carrying out these acts and support those who have been victims,” he said.

Malami assured that the Nigerian armed forces and law enforcement agencies are working day and night to combat insecurity, terrorism, kidnapping and abduction of people in the country.

He added that in partnership with UNODC as well as the European Union, the federal government launched the “Nigeria Training Module on Gender Dimensions in the Criminal Justice: Response to Terrorism”.

According to him, the Module provides practical guidance based on Nigeria’s legal framework as well as international and African regional laws and good practices to support Nigerian officials in addressing the issues of gender in the counter-terrorism context.

He said the Nigerian National Action Plan for Preventing and Countering Violent Extremism” notes the important role women play not only as policy-makers and law enforcement officers but also wives and mothers in preventing violent extremism and in de-radicalisation, rehabilitation and reintegration of offenders.

He said Nigeria also has developed a National Action Plan on the Implementation of Security Council Resolution 1325 on the Women, Peace and Security agenda which he said was relevant to respond to the needs and promote the role of women in efforts to address terrorism.

Politics

‘Fake news’, Akpabio denies giving Malami $5m bribe

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The Minister of Niger Delta Affairs, Godswill Akpabio, has described the report he gave $5 million bribe to the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, as fake news.

The minister was alleged to have bribed Malami and others to facilitate the appointment of a sole administrator for the Niger Delta Development Commission (NDDC), a commission under his ministry.

Malami has since denied the claim.

Also responding to the allegation, Akpabio, in an statement at the weekend through his media aide, Anietie Ekong, said:

The attention of the Honourable Minister of Niger Delta Affairs, Senator Godswill Akpabio has been drawn to a piece of fake news which claimed that Senator Akpabio paid $5 million bribe to the Attorney General and Minister of Justice, Abubakar Malami and others to secure the appointment of a Sole Administrator for the Niger Delta Development Commission (NDDC).

“The story is a desperate attempt by some unscrupulous bloggers to impugn the integrity of the Honourable Minister of Niger Delta Affairs and the Honourable Minister of Justice and Attorney General of the Federation, Abubakar Malami as the claim is not only spurious but utterly ridiculous.”

Akpabio, said that the allegation emanated from people not happy with the NDDC forensic audit and vowed to drag the matter to court.

The allegation was part of events that have trailed the appointment of Effiong Akwa as NDDC sole administrator.

Since President Muhammadu Buhari announced Akwa, who is from Akwa Ibom, the same state Akpabio hails from, the people of Ijaw ethnic group and people from other Niger Delta states have continued to protest against the appointment.

They argue that the appointment was against the principle of rotation of the NDDC leadership among the nine states of the Niger Delta region.

But Akpabio claimed in the statement that Akwa was appointed NDDC’s administrator as a result of a lawsuit against the NDDC.

The fact is that in a suit number ABJ/CS/617/2020 filed by a Civil Society Organization, Forum for Accountability and Good Governance, at a Federal High Court in Abuja, Justice Ahmed Mohammed had granted an order restraining the Interim Management Committee of the NDDC from performing the functions of the board and accessing the Commission’s offices and files.

The Order clearly listed the Managing Director Professor Kemebradikumo Pondei, Acting Executive Director of Projects Dr Cairo Ojougboh, Mrs Caroline Nagboh and Cecilia Akintomide as those restrained. The Order also asked that ‘the most senior civil servant or administrator in the Commission be appointed’ to take charge of the Commission.

It was based on this order that President Muhammadu Buhari approved the elevation of the Acting Executive Director of Finance and Administration, Mr Effiong Akwa, being the most Senior Administrator to take over the headship of the NDDC as an Interim Administrator pending the completion of the Forensic Audit Exercise, the statement read.

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