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Tag: Abubakar Malami

  • Why House is probing Special Presidential Investigation Panel – Dogara

    Speaker of the House of Representatives, Yakubu Dogara, has explained why the House is investigating the Special Presidential Investigation Panel to ascertain where it got the powers to investigate public officers as it is not listed among the agencies listed to discharge that function in the constitution.

    Dogara said while speaking at a public hearing on the Legality and Modus Operandi of the Special Presidential Investigation Panel in the National Assembly on Thursday, that the probe became imperative because of the confusion of roles which has been identified by the Executive branch itself.

    He noted that the Constitution which is the supreme law governing affairs in Nigeria has vested the respective powers of investigation and eventual trial of public officers who are in breach of the Code of Conduct on the Code of Conduct Bureau and the Code of Conduct Tribunal, in addition to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) which were established by two extant laws and copiously vested with powers and jurisdiction to investigate allegations of crime and to charge possible offenders to the Federal High Court.

    Speaker Dogara added that while it is undeniably the responsibility of the Judiciary to give final interpretation on the legality or otherwise of any question of law, it is also the constitutional responsibility of the National Assembly to make laws, or to plug defects in any existing law, or to amend any laws as it deems fit, especially to protect Nigerian citizens from the possibility of double jeopardy of facing different laws and different judicial and executive agencies on the same subject matter.

    He stated, “This investigation is further strengthened by the confusion of roles which has been identified by the Executive branch itself. It is public knowledge that the Attorney General of the Federation, Abubakar Malami, SAN, had waded into these matters in a letter titled, ‘Re: Directive in Respect of Chief Okoi Obono-Obla, Chairman of the Special Investigation Panel on the recovery of public property’, which has not been denied. According to Malami’s letter to Obono-Obla: “I have received a letter Ref. SH/OVP/DCOS/FMJ/0424 dated 20th October, 2017 in respect of the above subject from the Office of the Vice President. In the said letter, the Vice President expressed his concerns on the activities of the Special Investigation Panel on the Recovery of Public Property which runs contrary to the enabling Act establishing it. He also noted that the activities of the Panel run foul or contrary to established administrative procedures and protocols in the Federal Civil Service Structure”.

    Hon Dogara continued, “The spirit, if not the letter, of Section 36(9) of the Constitution guaranteeing a right to fair hearing and outlawing double trial by Courts or Tribunal set up by law, should guide our attitude on this matter, especially now that the Supreme Court has decided that the Code of Conduct Tribunal has a quasi criminal jurisdiction.

    “While we recognise the need to tackle the problem of corruption with renewed vigour in our society, as we fully subscribe to the dictates of the Constitution which enjoins the State to ‘abolish all corrupt practices and abuse of power’ Section 15(5), we must, however, be conscious of doing things and implementing our laws in such ways and manner that will portray us as a democratic society conscious of the Rule of Law and Fundamental human rights.”

     

  • Omo-Agege’s suspension: APC chieftain wants AGF to intervene

    A chieftain of the All Progressives Congress (APC) in Delta State, Prince Christopher Agaga has taken the Attorney General of the Federation and Minister of Justice, Alhaji Abubakar Malami to task over the violations of the country’s constitution that led to the suspension of Senator Ovie Omo-Agege from the Senate.

    Agaga in a statement made available to the press condemned the Senate’s decision to suppress the right of Senator Omo-Agege to expression. He said the decision meant that the Urhobo ethnic group has been left without representation.

    “For as long as the Minister of Justice does not rise to the occasion to proactively stop the constitution from being desecrated and shredded so long shall we have this regime of impunity that has now become the forte of the leadership of the Senate and House of Representatives as a cog in the wheel to the growth of democratic culture, governance and development of the country,” Agaga said.

    He went further to say that “Now we are having on our hands a repeat too many to condone, in the latest imperial action of the Senate, in suspending an elected senator who is the voice and mouthpiece of more than two million people of Delta Central Senatorial District with a backlash that could debilitate the weak fabric of our federation especially with the perception of constituents hard hit by the suspension order that they are being technically excised from Nigeria, there cannot be a more apposite time than this for the Minister to rise up to the challenge by initiating legal measures to arrest the ugly and disgusting situation with a view to reassuring the people of Delta central senatorial district who have vowed to protect their rights recognized by the Constitution of the Federal Republic of Nigeria and Africa Charter on Human and people’s right that they are valued and recognized as an integral part of the Federal Republic of Nigeria”.

    “In the past that was the trend that helped grow democratic culture and values as witnessed by instituting of court cases by state governments against federal government and vice versa on issues they considered as encroachment on constitutional provisions.

    “This is the time to go back to the regime of deploying legal measures to curb the excesses of people and organs/ institutions of government. This option is far more rewarding than the Gestapo approach of using anti corruption agencies to harass and intimidate people the hallmark of president Obasanjo’s government still flickering in this government with little success to show for it because President Muhammadu Buhari is not gifted with a sadistic temperament for such abusive actions.

    “Nigerians can still remember the number of Senate presidents, governors and PDP national chairmen illegally removed from office by Obasanjo’s barbaric practices. We therefore call on the Attorney General to always do the needful to protect our democracy and restrain people from advocating and calling for autocratic measures of Obasanjo that should be trashed forever,” the statement further read.