Tag: Abubakar Malami

Court of Appeal nods over appeal against judgment mandating AGF to delete Section 84 (12) from the amended Electoral Act

The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami and others have been restrained by the Court of Appeal from taking steps to frustrate the hearing of an appeal against a judgment mandating the AGF to delete Section 84 (12) from the amended Electoral Act.

A three-member panel of the court, led by Justice Rita Nosakhare Pemu, in a ruling, granted the Peoples Democratic Party (PDP) permission to appeal, as an interested party, against the March 18, 2022 judgment by Justice Justice Evelyn Anyadike of the Federal High Court in Umuahia.

The Appeal Court, in the ruling delivered by Owerri division on April 7, 2022, an enrolled copy of which The Nation sighted in Abuja on Sunday, also granted accelerated hearing in the appeal.

The ruling was on a motion marked: CA/OW/87m/2022 filed by the PDP, with Chief Nduka Edede (plaintiff in the suit decided by Justice Anyadike) and the AGF as respondents.

It reads: ” Leave is hereby granted the applicant (PDP) to appeal as person interested in this appeal – CA/OW/87/2022.

“Due to the exigencies of this appeal and its constitutional colourisation, there is need to hear this matter expeditiously.

“Accordingly, the appellant is hereby given up to Tuesday 12th of April, 2022 to file its notice of appeal and the parties are to file their respective briefs of arguments within three days from the date of service of the notice and record of appeal on the respondents.

“Parties should desist from taking any step to frustrate the hearing of the appeal.

“The matter is adjourned to the 4th of May, 2022, for the hearing of the appeal.

“Fresh hearing notice to be issued on the 2nd to the 12th respondents.”

The National Assembly has also indicated its intention to formally appeal the judgment by Justice Anyadike.

Justice Anyadike had, in the March 18 judgment in the suit by Edede, marked: FHC/UM/CS/26/2022 held that Section 18(12) of th amended Electoral Act is unconstitutional and should be struck down.

The judge noted that sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that government appointees seeking to contest elections are only to resign at least 30 days before the election.

She held that any other law that mandates such appointees to resign or leave office at any time before the 30 days provided in the Constitution was unconstitutional and void to the extent of its inconsistency with the clear provisions of the Constitution.

Justice Anyadike then ordered the AGF to delete the said Section 18(12) from the amended Electoral Act.

Section 84(12) of the Electoral Act provides: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

The PDP has already filed a separate suit before the Federal High Court in Abuja in which it is challenging among others, President Muhammadu Bujari’s request that the National Assembly alters the provision of Section 84(12) of the Electoral Act.

The case marked: FHC/ABJ/CS/247/2022, now before Justice Inyang Ekwo has been adjourned till April 28 for hearing.

April 10, 2022
AGF to serve extradition suit to Kyari by March 24

Justice Inyang Ekwo has adjourned till April 27 for hearing, as Pius Akutah, lawyer to the Attorney General of the Federation (AGF), Abubakar Malami SAN, informed the court that service on the extradition suit would be effected on the suspended Deputy Commissioner of Police (DCP), Abba Kyari, by March 24.

The non-service of the application by the AGF on Kyari on Wednesday stalled hearing in the extradition proceedings against him.

The extradition suit was filed at the Federal High Court in Abuja by the AGF.

At the mention of the case on Wednesday, lawyer to Kyari, Nureini Jimoh (SAN), told the court that his client was not yet served with the extradition application filed by the AGF.

AGF’s lawyer, Pius Akutah, the Head of the Central Authority Unit (CAU) at the Federal Ministry of Justice, confirmed that the applicant was yet to effect service on the respondent.

Akutah said the applicant could not serve before now because of Kyari’s involvement with the National Drug Law Enforcement Agency (NDLEA).

He assured the court that the applicant would effect service on the respondent (Kyari) by March 24 and prayed the court for an adjournment.

Jimoh, who did not object to the application for adjournment, said he was entitled, under the court’s rules to, 14 days from the date of service, file a response.

Justice Inyang Ekwo then adjourned till April 27 for hearing.

March 23, 2022
Senate to debate court ruling on Section 84 (12) of Electoral Act

The Senate will on Wednesday, debate the ruling of a Federal High Court sitting in Umuahia, Abia, which nullified the controversial Section 84 (12) of the amended Electoral Act.

This followed a point of order raised by Sen. George Sekibo (PDP-Rivers) during plenary on Tuesday.

The section requires ministers, head of agencies and other political appointees to resign before participating in primaries, convention and other electoral activities.

The court had on March 18, nullified Section 84(12) of the newly amended Electoral Act, saying it was a violation of the provisions of the Constitution.

The court, in a judgment delivered by Justice Evelyn Anyadike, held that the section “was unconstitutional, invalid, illegal, null, void and of no effect whatsoever”.

Sekibo, while invoking Senate Orders 10 and 11 which is on privileges said the electoral law emanated from the National Assembly, therefore the parliament should be joined as a party in the suit.

“What the judge relied on is not interpretation of the Constitution. The Constitution defines for us who is a civil servant and who is a public servant.

“It does not include political appointees. Moreso, Section four gives us powers to make laws.

“If in the course of doing our job we find Section 84(12) as enshrined in the Electoral Act just assented to is for the good interest of the people, I don’t think somebody should go to court without joining the Senate or the House of Representatives where this law emanated from.

“So if you think it is faulty, you take us to court. We did not know, we were not told they just went there and got a judgement destroying our work over one year.”

He, therefore, moved that the issue be discussed during plenary today (Tuesday) to avoid setting a bad precedence on laws enacted by the federal parliament.

The motion was supported by Sen. Chukwuka Utazi (PDP-Enugu).

However, the Deputy Senate President Ovie Omo-Agege who presided over plenary, suggested that the debate on the issue be postponed to Wednesday since the Senate President Ahmad Lawan and many other lawmakers were absent.

The section says: “No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”.

Justice Anyadike further stated that Sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election and that any other law that mandated such appointees to resign or leave office at any time before that was unconstitutional, invalid, illegal null and void to the extent of its inconsistency to the clear provisions of the Constitution.

While signing the Electoral Bill into law in February, President Muhammadu Buhari had asked the National Assembly to delete section 84 (12).

President Buhari had argued that “Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election”.

However, the Senate refused to consider the president’s request and threw out the bill seeking the amendment of the section, with lawmakers stressing that an amendment would be going against the civil service norms and would be injurious to the well-being of the society.

On Wednesday, Justice Minister Abubakar Malami, SAN, said following the Senate’s refusal, the Federal Government will consider all other options available to it before a position will be taken.

Malami further explained that even though it is the responsibility of the lawmakers to legislate, if it becomes necessary, the government will exploit other options which will include either putting forward another request to the parliament for reconsideration, approaching the court, or accepting the law just as it is.

The Judge, thereafter, ordered the Attorney General of the Federation to forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act, 2022.

March 22, 2022
Malami makes further clarifications on DCP Abba Kyari

Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, has made further clarifications on investigations concerning the suspended Deputy Commissioner of Police, Abba Kyari.

Malami fielded questions from State House correspondents after the Federal Executive Council (FEC) meeting presided by Vice President Yemi Osinbajo on Wednesday at the Presidential Villa, Abuja.

He said it was mischievous to insinuate that he was trying to exonerate Kyari as he only requested an enhancement of investigations.

He added that Kyari is facing trial before Justice Inyang Ekwo of a Federal High Court in Abuja on charges of illegal drug business.

“Starting with the issue of Abba Kyari as raised, may be, by way of an insight into the workings of the Office of the Attorney-General and Federal Ministry of Justice, you need to understand that it is not, and has never been the functions and duties of the Office of the Attorney-General to conduct investigations

“So, generally speaking, when issues are raised that have some criminal undertones; the responsibility of the Office of the Attorney-General is to refer same to the relevant agencies of government that are saddled with the responsibility of investigation inclusive of perhaps, the Police, ICPC, EFCC, among others.

“So, with that in mind, during the course of investigation, there is naturally a need for correspondents and exchange of mutual correspondents between the offices.

“Fundamentally, after the investigation, when report is presented to the Office of the Attorney-General, the Attorney-General will review same to see whether there is need for enhancement of investigation along the line as it relates to certain key elements of the offence.’’

He said that it was the aforementioned that one needed to understand what actually transpired in the case of Kyari.

Malami said that allegations were made, investigations were conducted, and then requests for further enhancement of investigation were indeed made by the Office of the Attorney-General.

“For the purpose of covering the field in arriving at an informed decision one way or the other.

“So, while this process of correspondence between the Office of the Attorney-General and indeed, the Police is ongoing, it is indeed, a work-in-progress and never a conclusive position.

“So, that is what I can tell you clearly; there was indeed a request for investigation; interim investigation report was presented to the Office of the Attorney-General; and the Attorney-General requested for further enhancement into the investigation, and highlighted some areas in respect of which enhancement of investigation is required.

“So, it is indeed premature or perhaps, mischievous for any conclusion to have been driven in the direction of exonerating or otherwise of the reliability or responsibility relating thereto.’’

On the electoral bill, Malami said that as far as legislative process was concerned, the Constitution was clear.

He said the constitution was clear in the sense that it was the responsibility of the National Assembly to legislate and functions associated to enactment, laws and legislations are exclusive to the National Assembly.

“National Assembly has taken a position, and if the government is in anyway of the opinion that there are certain conflicts associated with the constitution, in terms of breaching the provisions of the constitution relating to law-making, the government has a lot of options to consider and exploit.

“One of the options is to request or demand the National Assembly to consider; the other option, if the government feels strongly about it, it may consider the judicial option which is equally available and open to all.

“And then, the third option is to look at the law within the context and spirit of the law to see what it can do; and all these options are on table.

“No position has been conclusively taken on the part of the government; the government is reviewing; the government is looking and the government will come up with a position at the appropriate time if the need for further action is required; if there is no need for such action, the government will take as presented.’’

He said, however, that no position had been taken by the executive on what needed to be done on the issue in respect to the stance of the National Assembly.

March 17, 2022
LEGAL ADVICE: There was no link between Kyari and the Hushpuppi gang- Malami SAN

Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, in his latest legal advice dated February 4, 2022, with reference number, DPPA/LA/814/21, has sought to exonerate the former Commander of the Police Intelligence Response Team, Abba Kyari, saying there was no link between Kyari and the Hushpuppi gang.

This advice contradicted his January directive that Kyari should be probed for money laundering and for receiving 33 proceeds of crime.

According to the letter written on behalf of the AGF by the Director of Public Prosecutions, Ministry of Justice, Mohammed Abubakar, the evidence contained in the case diary “was not sufficient to indicate or show that the said monies (N279mn) were laundered directly or indirectly by Kyari to disguise their origin.”

The new position of the attorney-general was contained in a letter titled, ‘Re: Forwarding of the investigation report of the Nigeria Police Force Special Investigation Team and request for legal advice with regards to allegations of criminal conspiracy, aiding and abetting Internet fraud, wire fraud, identity theft and money laundering against DCP Abba Kyari.”

The letter addressed to the IG, read in part, “I am directed to inform you that after a careful study of the said response wherein you stated that ‘the monies have been traced to Zenith Bank account no. 2255416115 belonging to Usman Ibrahim Waziri; Guaranty Trust Bank account no. 0130665392 belonging to Adekoya Sikiru; Zenith Bank account no. 2080537566 belonging to Hussein Ala and other funds went to Sharon Festus. The monies were withdrawn and utilised by the aforementioned account holders and the lady.

“It is our view that the above response has not linked the suspect, DCP Abba Kyari, to the offence of money laundering as the evidence contained in the case diary is not sufficient to indicate or show that the said monies were laundered directly or indirectly by Kyari to disguise their origin, more so that the aforementioned recipients or receivers exonerated him in their statements as having nothing to do with the monies.”

The justice minister said the police might wish to explore their internal disciplinary measures against Kyari through the Police Service Commission for breaching the code of conduct for law enforcement officers by hobnobbing with suspected fraudsters and people of questionable means in his capacity as a senior officer and head of the IRT.

Malami also said Kyari could be sanctioned for violating the social media policy of the police by responding to the Federal Bureau of Investigation’s indictment on Facebook; breaching the Police Code of Professional Ethics by accepting complaints and acting on such without recourse to established protocol and detaining a suspect, Vincent Chibuzor, for over a month without a valid court order and regards to his fundamental human rights.
According to the DPP, the AGF’s new position was based on the police report, noting that the police failed to probe the gaps identified in their investigation by the ministry.

Abubakar insisted that the ministry did not say there was no evidence of money laundering against Kyari.
The DPP stated, “We said in the absence of the evidence, further investigation is needed and they should go ahead to try him on the administrative offences they have identified. We said they (police) should establish linkages – the money trail.

“Instead of them to go and investigate further the gaps we identified, they didn’t. They just wrote back to say ‘check paragraphs so and so’. We are saying no, those paragraphs did not sufficiently establish the things we say you should establish.”

Meanwhile, the police have yet to submit a fresh report on Kyari as directed by the Police Service Commission, PSC.

The commission had rejected the police investigation on Kyari carried out by the SIP led by DIG Joseph Egbunike. It ordered a fresh one, which should have been submitted on February 25.

March 13, 2022
BREAKING: FG approves Abba Kyari’s extradition to U.S.

The federal government of Nigeria has approved the extradition of the suspended Commander of the Police Intelligence Response Team, Deputy Commissioner of Police (DCP) Abba Kyari to the United States of America (USA).

TheNewsGuru.com (TNG) reports the approval was given after the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) filed an application for Kyari’s extradition before the Chief Judge of the Federal High Court in Abuja.

Recall that in April 2021, a jury filed an indictment against Kyari with the approval of a U.S. District Court and demanded Kyari stand trial for conspiracy to commit wire fraud, money laundering and identity theft.

Kyari was accused of conspiring with a United Arab Emirates (UAE)-based Nigerian, Ramon Abbas, aka Hushpuppi to commit the crime. The crime amounts to about $1.1million wire fraud perpetrated by Hushpuppi and 4 others

Consequently, the US Embassy requested for Kyari’s extradition. The AGF said the application marked: FHC/ABJ/CS/249/2022 was filed under the Extradition Act, and that it followed a request by the Diplomatic Representative of the U.S. Embassy in Abuja.

The request is “for the surrender of Abba Alhaji Kyari, who is a subject in a superseding three counts indictment,” Malami said, adding that he was satisfied that the offence in respect of which Kyari’s surrender is not political nor is it trivial.

The AGF also expressed satisfaction that the request for the surrender of Kyari was not made to persecute or punish him on account of his race, religion, nationality or political opinions but in good faith and the interest of justice.

He said Kyari, “if surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions”.

The AGF said having regard to all the circumstances in which the offence was committed, it will not be unjust or oppressive, or be too severe a punishment, to surrender him.

Malami said he was also satisfied that Kyari has been accused of the offence for which his surrender is sought. He noted that there was no criminal proceeding pending against Kyari in Nigeria for the same offence.

March 3, 2022
How Buhari’s posture of silence is endorsing NDDC’s financial recklessness

President Muhammadu Buhari’s posture of silence might be him endorsing the gross financial recklessness happening in the Niger Delta Development Commission (NDDC), a benefit transfer mechanism for the people of the Niger Delta that has become a conduit pipe for a majority few.

Findings by TheNewsGuru Centre for Investigative Journalism (TNGCIJ) reveals that the Ijaw Youth Council (IYC) Worldwide only recently alleged that the NDDC forged the signatures of some former executives to pay the sum of N20 billion to ghost contractors over the last three months, fresh allegations the Commission has denied.

Spokesman for the IYC, Ebilade Ekerefe accused the interim administrator of the NDDC, Effiong Okon Akwa of forging the signatures of former acting Managing Director of NDDC, Nelson Brambaifa and former Executive Director (Projects), Samuel Adjogbe to give credence to the payment of the ghost contractors between N300 million and N400 million in the last three months.

Ekerefe, while making the revelations, urged President Buhari to order a probe by the Economic and Financial Crimes Commission (EFCC) into the financial transactions of the NDDC during the months under review.

“If the President, Muhammadu Buhari and those in the presidency do not investigate the allegation brought forward by the council, it means they are all involved in the ongoing fraud in the NDDC,” the group spokesperson said.

Reacting, the Commission described the allegation as “spurious lies masterminded, fabricated and orchestrated by persons who are positioning their relatives and associates for ultimate appointment into the Board of the NDDC”.

Director, Corporate Affairs of the NDDC, Ibitoye Abosede, added that the call for probe was “laughable and most unfortunate”, insisting that the monies were never spent by the Commission in the first place.

“The Commission for the umpteenth time states without mincing words that it never paid N20 billion naira to any ghost contractor and therefore challenges the authors and fabricators of these malicious allegations to come out with proof or name the Companies of these “ghost contractor,” Abosede said.

Numerous unresolved corruption at the NDDC

TNGCIJ reports the NDDC has been entangled in several corruption scandals that have questioned the sincerity of the anti-corruption fight of the Buhari-led administration.

For example, the 2018 report released by the Auditor-General for the Federation accused management of the Commission of mismanaging N698 million on regional security for services that were never rendered.

The money as alleged in the report was paid to private security outfits owned by retired Generals through a bidding process that was not open to competition, in contravention of the Public Procurement Act of 2007.

According to the report, relentless efforts by the audit team to cite the contract files of the security consultants with the view to verifying the term of engagement proved abortive, and the NDDC management was directed to ensure that the consultants refund the sum of N689 million, as well as provide evidence of recovery to the office of the Auditor-General for the Federation for the purpose of authentication.

Meanwhile, in August 2019, TNGCIJ reports the House of Representatives initiated an investigation into the alleged abandonment of disposable capital projects by NDDC littered in Abia, Akwa Ibom, Bayelsa, Cross River, Delta and Rivers states, but abandoned the enquiry citing lack of funds.

The Governor of Edo State, Godwin Obaseki, accused contractors of delivering sub-standard projects, which caused flooding in parts of the state and called for a probe into the utilisation of the N20 billion emergency funds allegedly expended on projects.

“This kind of action is embarrassing to our administration and causing us political problems as our citizens are confused about the roads we are constructing and the sub-standard roads executed by NDDC contractors.

“I have instructed the state’s Solicitor-General to begin the process to take legal action against NDDC contractors, who execute sub-standard work in the state, particularly the contractor who handled the project on Apostolic Street off Sokponba Road, which led to flooding in the area. We will blacklist them,” Obaseki said.

N2.5 billion goes missing chasing N6 trillion NDDC spending

In response to the call for the audit by the people of the Niger Delta region to address the huge gaps between resources invested in the region vis a vis the infrastructural, human and economic development, the Federal Executive Council (FEC) approved the engagement of Ernst & Young, a lead forensic auditor, as well as 16 reputable Audit Firms to conduct the audit exercise at the whooping cost of N2.5 billion.

Last year, the Minister of Niger Delta Affairs, Godswill Akpabio, while submitting the forensic audit report on the NDDC, which covered a period of 18 years, said over 13,000 projects were abandoned in the region, which remained backwards since 1958, despite various interventionist programmes and projects, as much of the allocations were diverted into private pockets.

The Nigerian government accused the NDDC of operating a total of 362 bank accounts, leading to a lack of proper reconciliation of accounts, and promised to apply the law to remedy the deficiencies outlined in the audit report, as well as to recover funds that were not properly utilized for the public purposes they were meant for.

“It is on record that between 2001 and 2019, the Federal Government has approved N3,375,735,776,794.93 as budgetary allocation and N2,420,948,894,191.00 as income from Statutory and Non Statutory Sources, which brings the total figure to the sum of approximately Six Trillion Naira given to the Niger Delta Development Commission,” Nigeria’s Minister of Justice and Attorney-General of the Federation, Abubakar Malami, disclosed while receiving the report on behalf of President Buhari.

However damning the report, President Buhari, the acclaimed anti-corruption czar has remained largely silent on the developments. No further action has been taken by the government since the submission of the forensic audit report on the NDDC, even when there have been calls to make the content of the report public to justify the N2.5 billion taxpayer’s money spent on the investigation and ensure that no one indicted by the report is spared.

President Buhari has also been urged to swiftly inaugurate the substantive board of the NDDC, as administering the NDDC with interim managements/sole administrator for a prolonged period is in breach of the NDDC Act establishing the Commission.

February 22, 2022
Justice Dispensation: I didn’t blame Judiciary – Malami

Justice Minister Abubakar Malami, SAN, says he didn’t blamed the judiciary for delays in prosecution of high profile cases.

Malami made this known in a statement by Dr Umar Gwandu, his Special Assistant on Media and Public Relations in Abuja on Wednesday.

Malami was reacting to the press statement by the Chief Justice of Nigeria (CJN), which in turn was a reaction to suggestions that the Judiciary was responsible for delays in prosecution of high profile cases.

Malami said the President Muhammadu Buhari-led Government accords respect to the democratic provisions of the doctrine of separation of powers among the three independent and separate arms of government.

The minister noted with dismay the way his response to a question in a recent interview was construed to evoke an unintended and non-existing inferences which some mischief makers projected him as blaming the judiciary.

“It was an innocent statement aimed at showing and re-enactment of tripartite division of powers and responsibilities among the Executive, Legislature and Judiciary,” he said.

Malami said the Federal Government maintained the sanctity of the provisions of sections 4, 5 and 6 of the 1999 Constitution of the Federal Republic of Nigeria that delineate the roles and responsibilities of the executives, legislature and judiciary.

“It is on this note that the Federal Government supported the review of Section 121(3) of the Constitution of the Federal Republic of Nigeria to accommodate the provisions for financial autonomy of the state legislature and judiciary.

“In addition to the Constitutional provisions, the Federal Government also came up with the Executive Order 10 to enforce the provision of autonomy of State Legislature and Judiciary.

“It is on the record that the Buhari-led Federal Government has a record of non-interference with or meddling into the affairs of the legislature and judiciary”.

He said that it was within the context of the quality and feature of non-interference by the Buhari-led Federal government and for the avoidance of sub-judice that he responded that high-profile cases were presented by the Federal Government for prosecution and the government came out with initiatives in its efforts to support speedy determination of justice.

“This position was in consistent with the decision of the Court of Appeal in Hon. Abdullahi Maccido Ahmad v. Sokoto State House of Assembly & Anor, (2002) 44 WRN 52 where the Court Per Salami JCA held inter alia that;

“The doctrine of separation of powers has three implications: that the same person should not be part of more than one of the arms or division of government;

“That one branch should not dominate or control another arm. This is particularly important in the relationship between (the) executive and the courts;

“That one branch should not attempt to exercise the function of the other…”

The Minister said in view of the crucial role of the judiciary as an essential element of democratic system, the Federal Government gives attention to the budgetary provisions of the Judiciary in addition to welfare-packages meant to enhance their operations.

February 10, 2022
SERAP sues Buhari, others over ‘missing N3.1bn in Finance Ministry’

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari “over his failure to probe allegations that over N3bn of public funds are missing from the Federal Ministry of Finance, and to ensure the prosecution of those suspected to be responsible, and the recovery of any missing public funds.”

The suit followed the grim allegations by the Office of the Auditor-General of the Federation in the 2018 and 2019 annual audited reports that N3.1bn of public funds are missing, misappropriated or unaccounted for.

In the suit number FHC/L/CS/148/22 filed last Friday at the Federal High Court in Lagos, SERAP is seeking: “an order of mandamus to direct and compel President Buhari to ensure the investigation of the alleged missing N3.1bn of public funds, the prosecution of anyone suspected to be responsible, and the recovery of any missing public money.”

In the suit, SERAP is arguing that: “The allegations that over N3bn of public funds are missing amount to a fundamental breach of national anticorruption laws and the country’s international obligations including under the UN Convention against Corruption to which Nigeria is a state party.”

According to SERAP, “Investigating and prosecuting the allegations, and recovering any missing public funds would serve the public interest, and end the impunity of perpetrators.”

SERAP is also arguing that, “The consequences of corruption are felt by citizens on a daily basis. Corruption exposes them to additional costs, and undermines economic development of the country, trapping the majority of Nigerians in poverty and depriving them of opportunities.”

Joined in the suit as Respondents are Mr Abubakar Malami, SAN, Minister of Justice and Attorney General of the Federation; and Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning.

SERAP is arguing that, “It is in the interest of justice to grant this application. The suit is in keeping with the Nigerian Constitution of 1999 [as amended], particularly the provisions on oath of office by public officers, and section 15[5] which requires the authorities to abolish all corrupt practices and abuse of power.”

SERAP is also arguing that, “Complying with constitutional requirements and international standards on transparency and accountability would ensure effective and efficient management of public resources, and put the country’s wealth and resources to work for the common good of all Nigerians.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “The failure to investigate the allegations of grand corruption in the Ministry of Finance constitutes a grave violation of the duty placed on the authorities to take appropriate measures to promote transparency and accountability in the management of public finances.”

“President Buhari’s constitutional responsibility to ensure the investigation and prosecution of allegations of corruption, as well as recovery of any missing public funds is contained in Section 15[5] of the Nigerian Constitution, which provides that ‘the State shall abolish all corrupt practices and abuse of power’, and in the Oath of Office in the Seventh Schedule of the Constitution.”

“The Oath of Office of the President is considered of such importance that section 140 of the 1999 Constitution provides that the President cannot perform his or her respective official functions as President without taking the oath of office.”

“Granting the reliefs sought would help to address the adverse consequences of alleged diversion of public funds on the human rights of poor Nigerians.”

“Mandamus is a high prerogative writ which lies to secure the performance of a public duty. It gives command that a duty of a public nature which normally, though not necessarily is imposed by statute but is neglected or refused to be done after due demand, be done.”

“If there is a discretion to perform the duty, the court has the power to examine whether the discretion to refuse to act has been properly exercised.”

“Transparent and accountable public financial management is a key pillar of good governance, and of vital importance to create and maintain fair and sustainable economic and social conditions in the country.”

“Articles 5 and 9 of the UN Convention against Corruption impose legal obligations on the Buhari administration to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.”

“According to the report of the Auditor-General for 2018, the Ministry of Finance spent N24,708,090.00 on pre-retirement training but without any document. The consultant hired also failed to quote any price as cost of the training but the Ministry paid N5,670,060.00 to the consultant.”

“Request for payment from the consultant was dated 20 January 2017 while the first payment voucher in his favour was dated 13 January 2017 (7 days before his request).”

“The Ministry also reportedly failed to account for N2,885,772,493.27 released to the Ministry from the Service Wide Vote to take care of estacodes and other allowances for representing the Federal Government in meetings, and contribution to Organization for Petroleum Exporting Countries (OPEC).”

“The money was spent without approval, and any documents. The Auditor-General is concerned that the money may have been mismanaged.”

“The Ministry also reportedly awarded a contract on 17th May 2017 for N98,540,500.00 without any document, contrary to the Public Procurement Act. The project was not also budgeted for. There was no evidence of performance of the contract. The Ministry also deducted N9,354,809.52 as WHT and VAT but without any evidence of remittance. The Auditor-General wants the money recovered.”

“The Ministry also reportedly spent N98,759,299.20 between January–December 2017 without any document, contrary to Financial Regulation 601.”

“According to the 2019 report of the Auditor-General, the Ministry paid N20,466,744.00 as cash advances to staff of ‘You-Win’ between 8 February and 18 December, 2018 but the Ministry has failed to retire the money.”

“The advances were granted for the purchase of store items, repairs and other services that would have been made through the award of contract. Government lost N2,046,674.40 which would have accrued as taxes had these jobs been undertaken through award of contracts. The Auditor-General wants the money recovered.”

“The Ministry also reportedly paid N15,471,850.00 to two consultants for capacity building in Kano and Adamawa States but without any supporting document, contrary to paragraph 603 (1) of the Financial Regulations. The Auditor-General is concerned that the money may have been diverted, and wants it recovered.”

No date has been fixed for the hearing of the suit.

January 30, 2022
Why killer Fulani herdsmen are terrorists – By Sonnie Ekwowusi

By Sonnie Ekwowusi

Recently the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) invoked the law and declared the bandits operating in Nigeria are terrorists. Because President Buhari has been running a totalitarian Fulani hegemonic regime that provides cover for killer Fulani herdsmen, he and Malami are turning a blind eye to the unspeakable acts of terrorism being committed in Nigeria by the killer Fulani herdsmen in violation of the Terrorism (Prevention) Act 2011, Terrorism (Prevention) (Amendment Act) 2013, Criminal Code Act Cap C38 Laws of the Federation of Nigeria 2004 and the international anti-terrorism instruments. Why shield criminals?. Sad. Last Sunday about five villagers were killed in a fight between the Fulani herders and local farmers in Idofa area of Imeko-Afon Local Council, Ondo State. The farmers accused the herders of destroying their farm lands through open grazing of their cows.

It is noteworthy that much of the international law of terrorism are in the form of multilateral treaties. These multilateral treaties include the International Convention Against the Taking of Hostages, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents. Now, the aforesaid treaties other treaties on terrorism contain several important provisions in combating terrorism. These provisions which include articles that define particular acts of terrorism as criminal offenses for the purposes of the treaties oblige states parties to make the offenses punishable by appropriate penalties under their domestic laws. In Nigeria, the extant domestic laws under which terrorism is defined and punishable are the Terrorism (Prevention) Act 2011, Terrorism (Prevention) (Amendment Act) 2013), the Criminal Code Act Cap C38 Laws of the Federation of Nigeria 2004. Section 1 of the Terrorism (Prevention) Act 2011 states that— “A person who knowingly— (a) does, attempts or threatens to do an act preparatory to or in furtherance of an act of terrorism; (b) commits to do anything that is reasonably necessary to promote an act of terrorism; or (c) assists or facilitates the activities of persons engaged in an act of terrorism,, commits an offence under this Act.

Section 2 of the Act defines “act of terrorism” to mean as act which is deliberately done with malice, aforethought and which : (a) may seriously harm or damage a country or an international organization ; (b) is intended or can reasonably be regarded as having been intended to— i (unduly compel a government or international organization to perform or abstain from performing any act; (ii) seriously intimidate a population ; (iii) seriously destabilize, or destroy the fundamental political, constitutional, economic or social structures of a country or an international organization ; or, (iv) otherwise influence such government or international organization by intimidation or coercion; and (c) involves or causes, as the case may be—, (i) an attack upon a person’s life which may cause serious bodily harm or death: (ii) kidnapping of a person ; . (iii) destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss; (iv) the seizure of an aircraft, ship or other means of public or good transport and diversion or the use of such means of transportation for any of the purposes in paragraph (b ) (iv) of this subsection; (v) the manufacture, possession, acquisition, transport, supply of weapons, explosives or of nuclear, biological or chemical weapons as well as research into, and development of biological and chemical weapons without lawful authority; (vi) the release of dangerous substance or causing of fire, explosions or floods, the effect of which is to endanger human life ; (vii) interference with or disruption of the supply of water, power or any other fundamental natural resource, the effect of which is to endanger human life

Under the watch of the Buhari government the killer Fulani herdsmen have been committing unspeakable acts of terrorism in Nigeria and getting away with them. Apart from killing, maiming, kidnapping and raping their victims to death, the killer herders, in conspiracy with their cohorts from Niger Republic, have been aiding and abetting mutinous acts, threatening to levy war against Nigeria, forcing and compelling President Buhari and the National Assembly to change their measures and policies, destroying, encumbering and confiscating farmlands across Nigeria (resulting in the scarcity of foodstuffs and soaring prices of foodstuffs in Nigeria) in violation of Nigeria’s territorial sovereignty which is contrary to section 2 (a) (b) (i) (ii) (iii) (iv) and c (i), (ii) (iv) (vii) of the Terrorism (Prevention) Act 2011 (as amended). Nnamdi Kanu is being charged under sections 1 and 2 of the Terrorism (Prevention) Act 2011 (as amended) and sections 41, 44, 45 and 375 the Criminal Code Act for alleged acts of terrorism. Just last week they slammed terrorism charges against the Oyo traditional ruler Oba Solomon Akintola and 10 of his High Chiefs for allegedly invading Aagba Community in Oyo State and kidnapping three persons and injuring others. The pertinent question remains: Why is this Buhari government charging Nnamdi Kanu, Oyo Chiefs and others to court for alleged acts of terrorism while exonerating the Fulani herdsmen who have inciting the public in order to destabilize, or destroy the fundamental political, constitutional, economic or social structures of our country?

Explaining why the bandits were declared as terrorists, Malami, said, inter alia, “our assessment took into consideration that they are causing a major threat to territorial peaceful co-existence and causing a major threat to lives with weapons.” Are the murderous Fulani herdsmen not causing a major threat to Nigeria’s territorial peaceful co-existence? If the answer is in the affirmative, why are President Buhari and Malami conspiring to exonerate them from the heinous act of terrorism? Why have the duo acquiesced in the endless massacre of the innocent Nigerian citizens by the AK-47-carrying Fulani pastoralists and Miyetti Allah their sponsors? For example, in the aftermath of the massacre of about 200 villagers in Riyom, Barkin Ladi and Jos South local government areas of Plateau State in June 2018, Miyetti Allah quickly issued a statement accepting responsibility for the massacre. It admitted that it carried out the massacre in retaliation for alleged Fulani herdsmen who had been killed in the area. According to the then Chairman of the North Central zone of Miyetti Allah Danladi Ciroma, “These attacks are retaliatory Fulani herdsmen have lost about 300 cows in the last few weeks — 94 cows were rustled by armed Berom youth in Fan village, another 36 cows were killed by Berom youth. In addition to that, 174 cattle were rustled and the criminals disappeared with them to Mangu [Local Government]…Since these cows were not found, no one should expect peace in the areas”. Why didn’t the most excellent Abubakar Malami SAN and most righteous President Buhari dispatch the DSS to arrest or interrogate Ciroma for uttering the aforesaid inflammable terrorist statement in violation of sections 1 and 2 of the Terrorism (Prevention) Act 2011 (as amended) and sections 41,44, 45 and 375 the Criminal Code Act?.

Anyway, whether Buhari and Malami like it or not, the Global Terrorism Index (GTI) rates the Fulani herdsmen militia as the fourth deadliest terrorist organization in the world. The GTI has ranked Nigeria, for the sixth consecutive time since 2015, as the third country with the most impactful deadliest terrorist organization. The GTI says that in 2018 the killer Fulani herdsmen killed more Nigerians than Boko Haram. So why is the Buhari government refusing to tag the killer Fulani herdsmen as terrorists and treat them as such?

January 19, 2022