Tag: AGF

We don’t interfere in investigations being conducted by anti-graft agencies – AGF

The Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, says that the present administration will continue to guarantee the independence of the anti-graft agencies in the fight against corruption.

Fagbemi said this while speaking with newsmen on the sideline of a Top Management Retreat of the Federal Ministry of Justice held on Thursday in Ikot Ekpene, Akwa Ibom state.

According to him, the President Bola Tinubu led administration will continue to ensure the independence of the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) in the fight against corruption.

Fagbemi said that the Federal Government does not interfere in any investigation instituted against any person or organisation allegedly involved in criminal activity by the anti-graft agencies.

“We don’t interfere in the investigation of corruption cases by anti graft agencies.

“So, what we do is leave them because they are best suited, they are well organised, and that’s why they are put in place to try and do investigations in respect of an allegation or commission of a crime.

“When they are done with their investigation, we take it up from there and see whether there are gaps or whether there are some other issues to be further investigated,” the minister said.

He said that the constitution guaranteed the independence of the anti-graft agencies and so government could not in anyway interfere in their investigations.

Fagbemi reiterated the present administration’s determination to fight corruption to a standstill to enhance development of infrastructure.

August 22, 2025
EFCC failed to tender some statements I made – Ex-AGF tells court

A former Accountant-General of the Federation (AGF), Ahmed Idris, on Wednesday told an Abuja High Court that the Economic and Financial Crimes Commission (EFCC) failed to tender all the statements he made in their office.

Idris in his evidence in the trial-within-trial ordered by the court following the objection raised by his counsel, Chris Uche SAN to the admissibility of his statements as exhibits, mentioned the three statements he made on the consultancy in question.

The trial-within-trial was on grounds that the former AGF’s statements the prosecution sought to tender on Nov. 23, 2022 were made on the ground of deception and inducement.

The EFCC charged the former AGF alongside Geoffrey Olusegun Akindele, Mohammed Kudu Usman and Gezawa Commodity Market and Exchange Limited with 14 counts, bordering on theft, fraudulent diversion of public fund to the tune of N109.5 billion.

They are being prosecuted by EFCC, before Justice Yusuf Halilu, in the case marked, FCT/HC/CR/199/2022.

The defendants, however, pleaded not guilty to the charge.

Idris testified for himself in the trial-within-trial.

“Apart from the 13 statements brought to court by EFCC, I made a total of 16 statements on different days in the course of investigation,” he told me court..

Led in evidence by Uche, Idris informed the court that he was taken to the procurement unit of the EFCC three times and that he made statements on those times about the consultancy in question and the entire processes involved in the matter.

Three files were brought, marked certified true copies, to the head of the procurement unit.

” I mentioned that the Minister (of Finance) approved the consultancy and that the Federation Account Allocation Committee and the Revenue Mobilisation Allocation Commission and the oil producing state governors were all involved.

“I am surprised that all the three statements were not brought to court, including the rules with the certified true copies” he said.

Idris told the court that his lawyer was not present when he made the statements to EFCC on June 10, 2022, June 27, 2022, July 5, 2022, respectively.

He denied writing any of the cautionary words in the respective statements, adding that the statements were dictated to him by EFCC investigators

“It is not correct that I made the statement in the present of my lawyer, Mr Gbenga Adeyemi. The statement is a dictation.

“None of my written statement written were video recorded by my interrogators,” he said.

After his evidence Halilu adjourned the matter until July 17 for cross examination of the former AGF by the prosecution in the trial-within-trial.

May 7, 2025
Rivers emergency suit: PDP governors yet to serve FG — AGF

The office of the Attorney General of the Federation (OAGF) and the Federal Government may not yet have been served summons on the suit filed by 11 governors of the Peoples Democratic Party (PDP) challenging President Bola Tinubu’s suspension of Rivers State Governor Siminilayi Fubara, according to indications yesterday.

Also being challenged by the PDP governors is the President’s declaration of a state of emergency rule in Rivers.

The AGF and the FG are listed as defendants in the suit, However, sources at the OAGF told The Nation yesterday that the summons were yet to be received by the supposed defendants.

This, sources said, had not enabled the defendants to respond to the issues raised in the suit.

Vice-Admiral Ibok Ibas (rtd), the Sole Administrator appointed by President Tinubu to run the state’s affairs in the absence of Fubara, yesterday explained that his decision to appoint administrators for the 23 local government areas in the state came from his findings when he visited some of the councils.

Also yesterday, hundreds of women in the state took to the streets of Port Harcourt, the state capital, demanding a reversal of the emergency rule in the state.

The aggrieved women marched along the popular Aba Road from Isaac Boro Park to Garrison Junction, displaying placards and chanting solidarity songs.

A senior official in the office of the AGF said of the PDP governors’ suit: “We have read about the suit in the media.

“You in the media are the one telling us that a suit has been filed by some PDP controlled states against the emergency rule declared in Rivers State.

“For now, I can confirm to you that the office of the AGF has not been served. I believe it is this office that will also be served with processes intended for the Federal Government or the President.

“We are waiting. This is our office. If indeed any suit has been filed, we will respond accordingly once we are served as required.”

In the suit, marked SC/CV/329/2025, the Attorneys- General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states are asking the Supreme Court to determine if the President has power to suspend a democratically elected structure of a state.

They also want the apex court to determine if the way and manner the President pronounced the state of emergency declaration in Rivers State was not in contravention of the 1999 Constitution.

Specifically, the plaintiffs are praying the court to determine the following: “Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs States?

“Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 4(6), 11(4) & (5), 90, 105 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend the House of Assembly of any of the component 36 States of the Federation of Nigeria, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of such States, particularly in any of the Plaintiffs States?

“Whether the consequent threat by the first Defendant acting on behalf of the President to the States of the Federation, including the Plaintiffs’ States, to the effect that the offices of the Governor and Deputy Governor of the States can be suspended by the President by virtue of a Proclamation of a State of Emergency, is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and inconsistent with the principles of constitutional federalism?”

Vice-Admiral Ibas at a meeting yesterday with the 23 local government administrators in Port Harcourt said that he realised that he needed people to help him at the grassroots to enable him actualise the mandate given him by President Tinubu.

He advised the LG administrators to work within the principles of accountability, transparency and sense of service to help them build trust and promote sustainable development.

Ibas told them to focus on issues of sanitation, environmental management, primary healthcare, welfare and discipline of local government civil servants, primary education, and youth engagement.

He said such areas would form the basis of assessing their performances in the coming weeks.

He said: “Since resuming this assignment, I have taken time to visit a few local government areas.

“Those visits have afforded me the opportunity to interact with local government civil servants, and it was clear that I needed help with administering the entire state after the emergency proclamation areas which I am responsible for following from Mr. President’s proclamation.

“And So, I went about trying to identify few individuals from which in the 7th April 2025, I selected those seated here today as administrators of the 23 Local Government Areas.

“I expect you all to recognise this moment in history and rise to the occasion as impartial leaders that will help me deliver on the mandate given to me by Mr President to restore peace and stability and work towards returning all democratic institutions in the state.

“Your selection to the important office is not by chance but a recognition of your capacity to lead, your commitment to service and the trust reposed in you to bring governance closer to the people.

“Therefore, you bear the sacred responsibility, a duty to ensure that affairs of your respect councils are managed with the utmost care, respect, and unwavering dedication to the welfare of our people.”

His administration, he said, would not tolerate any form of recklessness, abuse office or misuse of public funds or trust.

He declared that resources allocated to the LGs must be used strictly for the purposes intended.

April 12, 2025
AGF lacks power to prosecute offences under Electoral Act – Court

The Federal High Court in Abuja on Monday, declared that the Attorney-General of the Federation (AGF) and Minister of Justice lacked the power and authority to initiate, maintain and prosecute offences under the Electoral Act, 2022.

In a judgment delivered, Justice Inyang Ekwo held that only the Independent National Electoral Commission (INEC) could initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.

NAN reports that the judgement was delivered in a suit filed by Oladipupo Adebutu, the 2023 Ogun governorship candidate of the Peoples Democratic Party (PDP) and nine others.

The plaintiffs had in the suit marked: FHC/ABJ/CS/1038/23, sued the AGF and Minister of Justice as sole defendant.

The plaintiffs had in their originating summons prayed the court to stop the office of the AGF from prosecuting them over an allegation of vote-buying levelled against them by Gov. Dapo Abiodun of Ogun and the All Progressives Congress (APC).

They prayed the court to hold that the AGF cannot initiate, commence and continue the prosecution of electoral offences under the provisions of the Electoral Act, 2022 in view of Sections 153, 158, 160 and Paragraph 15, Part 1, 3rd Schedule of the Constitution.

They asked the court to determine whether the prosecution of electoral offences under the Electoral Act, 2022, was not the exclusive reserve of INEC in line with Section 145(2) of the Electoral Act and Sections 153, 158, 160 and Paragraph 15, Part 1, 3rd Schedule of the Constitution.

Justice Ekwo, in his judgment, agreed with the plaintiffs that only INEC could initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.

The judge further held that the initiation, commencement and prosecution of electoral offences under the Electoral Act, 2022, by the office of the AGF and Minister of Justice was a violation of Sections 153, 158, 160 and Paragraph 15, Part 1, 3rd Schedule of the Constitution and Sections 144 and 145(2) of the Electoral Act and the Independence of INEC

He said that the action of the defendant by exercising the power to prosecute the plaintiffs, in a manner not in accordance with the law, was ultra vires.

According to him, the power of the AGF to take over any proceedings can be challenged if the exercise of the power is not in accordance with the law.

The court, however, did no grant some of the prayers of the plaintiffs, saying, that would amount to tampering with decisions of courts of coordinate jurisdiction.

He held that the plaintiff had established his case according to the law and was entitled to justice.

The plaintiffs in their suit prayed the court to determine “whether since the facts which formed the fulcrum of charge No. AB/10c/2023 are also the facts which formed the defence and response/allegations of Dapo Abiodun and the APC at the Ogun State Governorship Election Petition Tribunal, the filing of the charge was not subjudice and an abuse of court processes capable of overreaching the tribunal.

“Whether the initiation of criminal prosecution against the plaintiffs, who are PDP members by the AGF, who is a member of the APC in respect of the dispute which emanated from the March 18, 2023 governorship election in Ogun state is not an abuse of power, illegal, invalid and void.”

The plaintiffs prayed the court to declare that, it was out of the power of the AGF to arraign, maintain and continue their prosecution for alleged electoral offences before the Ogun State High Court in charge number: AB/10c/2023.

They sought an order of perpetual injunction restraining the AGF from arraigning and continuing their prosecution for alleged offences created under the Electoral Act in charge before the Ogun High Court.

An affidavit in support of the plaintiffs’ originating summons averred that Dapo Abiodun and the APC, through the Ogun APC chairman, Yemi Sanusi, wrote a frivolous and baseless petition to the AGF, accusing the first plaintiff (Adebutu) of vote buying during the governorship election.

It said that the APC therefore called for his (Adebutu’s) investigation after he had filed his election petition before the tribunal.

It said the AGF, through the Director of Public Prosecution, wrote to the police asking them to investigate the petition of Sanusi, which culminated in the police inviting the first plaintiff to report at their office on May 2, 2023.

The affidavit averred that the AGF used an interim report of an investigation, which had not been completed, to file a charge against the plaintiffs and arraigned them before the Ogun High Court, Abeokuta division.

The affidavit said that the charge alleged the offence of vote buying against the plaintiffs during the state governorship election, even when INEC never wrote to the police to investigate any vote buying allegation against the first plaintiff.

March 18, 2025
AGF, group disagree over proposed expatriates’ tax policy

The Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, and Incorporated Trustees of New Kosol Welfare Initiative have disagreed over the implementation of the proposed expatriates taxation regime.

The AGF, in his preliminary objection to the plaintiff’s suit, told Justice Inyang Ekwo of a Federal High Court in Abuja that the Incorporated Trustees of New Kosol Welfare Initiative, that instituted the case, lacked the locus standi.

The AGF, a 2nd defendant in the suit, also argued that there was no cause of action disclosed in the plaintiff’s suit.

Fagbemi, in the application filed by Maimuna Shiru, Director, Civil Litigation and Public Law, therefore, sought an order dismissing this suit for want of jurisdiction.

But in the plaintiff’s reply on points of law dated and filed March 4 by Paul Atayi, the lawyer cited reasons a court of law is vested with jurisdiction to hear a matter.

The lawyer argued that a court would assume jurisdiction when it is properly constituted as regards numbers and qualifications of members of the bench, and that no member is disqualified for one reason or another.

He also argued that the court would be vested with jurisdiction when the subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the court from exercising its jurisdiction.

He further argued that the court can assume jurisdiction when the case before the court is initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction.

Atayi cited previous cases to back his argument including the Saraki Vs. Federal Republic of Nigeria’s case, 2016.

“My Lord, Section 25 (r) of the Constitution states that the Federal High Court shall have exclusive jurisdiction over any ‘action or proceedings for declaration or injunction affecting the validity of any executive or administrative action or decision of the Federal Government or any of its agencies,’” he said.

According to him, in other words, where an action touches on the executive or administrative action or decision of the Federal Government or any of its agencies, this court will be vested with the requisite jurisdiction to entertain the suit.

The lawyer also argued that a case, being a public interest litigation, the plaintiff had the locus standi (legal right) to file the suit.

He urged the court to dismiss the objection.

The News Agency of Nigeria (NAN) reports that the plaintiff had, in an ex-parte motion marked: FHC/ABJ/CS/1780/2024, sued the Interior Minister, Olubunmi Tunji-Ojo, and AGF as 1st and 2nd defendants.

The plaintiff filed the application through a team of lawyers led by Atayi.

The group sought an order of interim injunction restraining the defendants from implementing the new Expatriates’ Taxation Regime known as the ‘Expatriate Employment Levy (EEL)’ in Nigeria, pending the hearing and determination of the motion on notice.

When the matter was called on Wednesday, no lawyer appeared for the minister.

Atayi, who represented the plaintiff, then informed the court that the minister was represented on the last adjourned date.

He said though the matter was filed by writ of summons, the lawyer said the AGF filed a preliminary objection and that they had responded appropriately.

A.A. Nuhu, counsel to the AGF, confirmed filing an objection to the suit, but said they were yet to be served with the plaintiff’s reply.

Justice Ekwo, who ordered Atayi to serve Nuhu in the open court, adjourned the matter until March 24 for hearing.

NAN reports that the plaintiff’s Programme Implementation Coordinator, Raphael Ezeh, in the affidavit he deposed to, averred that on Tuesday, Feb. 27, 2024, the Federal Government of Nigeria unveiled a set of proposed new taxation policy called the Expatriate Employment Levy (EEL).

“According to KPMG and other online information analysts and dissemination agencies, the Federal Government intends to compel all companies and organisations who engage the services of foreign expatriates to pay tax E.E.L. as follows:

“For every expatriate on the level of a director — Fifteen Thousand United States Dollars ($15,000.00) equivalent to Twenty-Three Million Naira, by the current exchange rates (NW23,000,000.00) per annum.

“For every expatriate on a non-director level – Ten Thousand United States Dollars ($10,000.00) equivalent to Sixteen Million Naira, by the current exchange rates (N16,000,000.00) per annum,” he said.

Ezeh averred that the Federal Government also planned additional regulations consisting of penalties and sanctions for non-compliance with the proposed taxation regime.

According to him, inaccurate or incomplete reporting will attract five years’ imprisonment and/or N1 million.

He said failure of a corporate entity to file EEL within 30 day is to attract a penalty of N3 million, failure to register an employee within 30 days will also attract N3 million, while submission of false information will attract N3 million.

The coordinator said failure to renew EEL before its expiry date by an organisation is to attract a sanction of N3 million.

Ezeh said “the proposed taxation regime is totally an anti-people policy because of its radical effect on different aspects of the Nigerian economy and it works like a choke-hold against the economic growth of the nation.”

March 5, 2025
#EndBadGovernance: Reps Minority Caucus want perpetrators punished, hail Tinubu, AGF for releasing minors

Following the immediate release of about 76 young kids charged for terrorism, treason, and arson by the Nigerian Police Force for participating at the #EndBadGovernance protest, the Minority Caucus of the House of Representatives lauds President Bola Tinubu for being responsive to calls by Nigerians, and the international community.

In a statement jointly signed by all principal officers in the Caucus, Rep Kingsley Chinda, leader, Ali Isa J.C
(Minority Whip)
Hon. Aliyu Madaki
(Deputy Minority Leader) Rep George Ozodinobi
(Deputy Minority Whip) said:

“We commend President Tinubu for his prompt directive, coming few days after the arraignment of the children which led to the Attorney-General of the Federation seeking to assume control, and termination of the suit charge entirely.

“While we extol the President for the timely intervention, the Caucus strongly canvass for the possible investigation, prosecution, and discipline of individuals, and government agencies involved in the despicable, callous, and inhuman action that has led to national disgrace, and global condemnation.

” Anybody, and institution that played roles in the hounding of the children into cells for about 95 days when they should be at their respective schools, trades, and vocations must be brought to book for necessary public umbrage, and punitive measures discharged to serve as deterrent to others.

“Conscious of the psychological trauma, and health challenges the children may have experienced, we appeal that quality reformatory therapy sessions, and medical support be advanced to them as they unite with their respective families.

“Also, we call for immediate reparation packages to the victims and their families to ameliorate the untoward hardship, pain, and emotional torture suffered during the period of unlawful incarceration.

November 6, 2024
AGF faults Kogi, 18 States’ suit querying legitimacy of EFCC, ICPC, NFIU

The Attorney General of the Federation (AGF) Lateef Fagbemi has faulted the suit filed by 19 States including Kogi, querying the constitutionality of the laws establishing the nation’s anti-corruption agencies.

In a counter-affidavit to the suit, the AGF argued that the National Assembly validly enacted the laws establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

The AGF urged the Supreme Court to dismiss the suit on the grounds that issues raised by the plaintiffs have already been resolved before now by the Court of Appeal and the apex court.

Fagbemi also argued, in a notice of preliminary objection, that the Supreme Court lacked the jurisdiction to hear the case because the grievance of the plaintiffs is what only the Federal High Court could adjudicate on.

He argued that the complaints of the plaintiffs are against the the Federal Government of Nigeria and its anti-corruption agencies, but not against the Federal Republic of Nigeria to warrant the invocation of the apex court’s jurisdiction.

In the counter affidavit, deposed to by an official of the Federal Ministry of Justice, the AGF, who is the sole defendant on the suit, said all the facts deposed to by the plaintiffs in the affidavit in support of the amended originating summons are false, misleading and do not reflect the correct position in relation to the subject matter of this suit.

“The plaintiffs’ suit, inter-alia challenges all the anti-corruption laws/statutes in Nigeria and in particular the Nigerian Financial Intelligence Unit (NFIU) guidelines, issued on the 23rd of January, 2023 to strengthen the fight against money laundering, terrorism and related matters.

“The NIFU Guidelines was issued by the Nigerian Financial Intelligence Unit (NFIU) pursuant to its powers under Section 23(2), 3(s) & 1(d) of the NFIU Act, 2018 to combat money laundering, terrorism financing and proliferation financing.

“The Guidelines was necessitated by the result of analysis by the unit (NFIU) on the negative impact of cash flow from public accounts on the discharge of its mandate of combating money laundering, terrorism financing and proliferation financing.

The National Assembly exercises its legislative powers under the Nigerian Constitution with regards to corruption and abuse of office and upon any convention or treaty.

There is no need to seek the concurrence of sub-national whereas (in this case) the National Assembly is acting pursuant to its legislative powers under the Constitution.

The National Assembly does not need the ratification or concurrence of the plaintiffs’ Houses of Assembly to pass the EFCC Act, ICPC Act, NFIU Act, the Proceed of Crime (Recovery and Management) or any anti-corruption Act or statute into Law.

EFCC Act, ICPC Act, NFIU Act are enforceable against any person in Nigeria, including the officials of the plaintiffs and those of Local Government Councils.

The EFCC and ICPC have recovered several misappropriated funds and property of the states and have returned same to those component states.

The Honourable Attorney General of the Federation (defendant herein) has the powers to prosecute any person, including the officials of the plaintiffs if investigation reveals that the person committed an economic crime.

The investigation to expose commission of economic crime by EFCC, ICPC and the NFIU is not an interference with the powers of the plaintiffs’ government or the state House of Assembly.

“The NFIU Act not only empowers NFIU to make Guidelines, but also to strengthen existing measures of combating money laundering, terrorism financing and proliferation financing (AML/CFT/CPF) which is the intendment of the guidelines;

“The issue surrounding the powers of the NEIU to make Guidelines affecting the States has been finally determined by the Court of Appeal in the judgement in Appeal No: CA/ABJ/CV/822/2022 delivered on the 21st day of May, 2024, in a suit instituted by the plaintiffs and other states of the Federation wherein they challenged similar Guidelines before the Federal High Court in suit No: FHC/ABJ/CS/563/2019 and lost.

“The Court of Appeal, affirmed the decision of the trial Federal High Court against all the plaintiffs in that suit, including these present plaintiffs, who have not appealed further.

“The decision of the Court of Appeal is binding on all persons and authorities, including the instant plaintiffs.

“The NFIU Guidelines was issued to the reporting entities, that is financial institutions for compliance. Reference to the tiers of government and other public officials is merely for their attention and noting;

“The claims by the plaintiffs are not in conformity with the principles behind the guidelines initiated by the Nigerian Financial Intelligence Unit (NFIU) aimed at curbing corruption and the menace of Money Laundering/Terrorism Financing in Nigeria and also to bring more fransparency in every’sector of the Nigerian economy in line with global best practices.”

October 23, 2024
We’ve started implementing 300% salary hike for judicial officers-AGF

The Attorney General and Minister of Justice Lateef Fagbemi has said the Federal Government has started the implementation of the 300% pay rise for judicial officers.

Fagbemi said this on Monday at the 12 Convocation ceremony of the Afe Babalola University, Ado-Ekiti (ABUAD) in Ekiti State.

“One ongoing concern before I took office was the poor remuneration of judicial officers,” the AGF said at the event’s grand finale where he was conferred with an honourary doctorate in Law.

“I am again pleased to report that a major intervention of the Tinubu administration in the judiciary is the recent 300% upward review of the remuneration of judicial officers in Nigeria across board. To be true, I can confirm that the implementation of this has begun in earnest.”

He described the move as “an important first step” in the President Bola Tinubu administration’s resolve to “strengthen the judiciary”.

Tinubu had in August signed into law a bill seeking a 300% increase in salaries and allowances for judicial officials.

His comment came months after the Supreme Court recently ruled in favour of local government autonomy in what many have described as a watershed in the nation’s democratic journey.

Earlier in the year, Justice Fagbemi had sued the 36 state governors over alleged mismanagement of local government funds.

Months later, the apex court ruled that it was illegal for states to hold local government funds.

Before the verdict, local government funds were paid into a joint account managed by state governments and LGAs in their domains.

Justice Emmanuel Agim directed that allocation from the federation account should be paid directly to local government areas henceforth, and not to state government coffers.

This is our very modest contribution to the strengthening of our foundation and invariably the country’s democracy,” Fagbemi said.

The AGF also said the Federal Government will be embarking on a holistic review of Nigeria’s laws to respond to the daily needs of the country.

“We have assembled a team of legal luminaries to achieve this within a very limited timeframe,” the minister of justice said.

“This law review intervention will cut across all aspects of our social, economic, and political life.”

October 21, 2024
Record of ex-CJN Onnoghen’s CCT case file declared missing

The office of the Attorney General of the Federation and Minister of Justice (AGF) has declared that it cannot find the case file for the trial of former Chief Justice of Nigeria (CJN) Samuel Walter Nkanu Onnoghen, five years after the conclusion of the trial.

Onnoghen was prosecuted in 2019 by the federal government on charges of false declaration of assets at the Code of Conduct Tribunal, found guilty, and removed from office. He was also ordered to forfeit the undeclared assets to the federal government.

However, at the Court of Appeal sitting in Abuja on Tuesday, the representative of the federal government, Tijani Gazali, informed the court that the AGF office does not have a single paper related to the trial and conviction of the ex-CJN.

Gazali explained that the trial was contracted to a private lawyer, Aliyu Umar, who has since passed away. He appealed to the court to grant an adjournment to enable the government to retrieve necessary documents from the late lawyer’s chambers.

Counsel to the former CJN, Chris Uche, pointed out that some documents were served on the AGF office and acknowledged. He appealed to the court to allow him to move an application for an accelerated hearing, which was granted.

The Court of Appeal has fixed September 19 for the hearing of the appeal.

Onnoghen is praying the court to set aside the judgment of the CCT that removed him from office and ordered the forfeiture of his five bank accounts.

August 20, 2024
Copyright Infringement: Musician kicks as AGF takes over MTN criminal trial

A musician, Maleke Moye has alleged injustice in the directive by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, for a take over of the ongoing trial of MTN Nigeria and its CEO, over alleged copyright Infringement.

The musician said that the minister’s directive for the prosecuting agency, Nigeria Copyright Commission (NCC), to hands off the trial and forward the case file to his (AGF) office portends impending dangerous precedence.

Moye’s position is contained in a press release issued by his lawyer, Rockson Igelige, which was made available to newsmen on Saturday in Abuja.

It will be recalled that NCC filed criminal charges against MTN Nigeria Communications Ltd, Karl Toriola, its Chief Executive Officer (CEO), Nkeakam Abhulimen, Fun Mobile Ltd. and Yahaya Maibe alleging copyright infringement.

In the three-count charge, before a Federal High Court, Abuja, NCC alleged that the defendants, between 2010 and 2017 “offered for sale, sold and traded for business’’, infringed musical works of Moye without his consent and authorisation.

The commission alleged that the defendants used musical works and sound recordings of Moye with subsisting copyright, as Caller Ring Back Tunes, without the authorisation of the artiste.

According to NCC, the alleged offences are contrary to and punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.

At the last hearing in the trial before Justice Inyang Ekwo on June 15, NCC prosecution lawyer, Gladys Ojo had accused MTN Nigeria’s CEO, Toriola, of evading service of court documents

However, in a letter dated June 19, referenced DPPA/JACK/271/24, the AGF, through the office of the Director of Public Prosecution, directed the NCC to “promptly” hands off the trial, forward the case file and court processes to his office.

According to the AGF, the decision was taken, following a petition by MTN Nigeria and its CEO, and in line with Section 174 (1) (b) of the1999 Constitution, relating to entry of “Nolle Prosecui” in a criminal matter.

The section provides: “The Attorney-General of the Federation shall have power – (b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person.”

Section 174 (3) further provides that, “In exercising his powers, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process”.

In a copy of the petition by the MTN Nigeria to the AGF, dated May 14, obtained by the News Agency of Nigeria (NAN), the company alleged that the charge was constituted to smear and embarrass MTN and its CEO.

MTN through its lawyer, Ogden Alade contended that the criminal charge was calculated to “harass embarrass and force the hands of its clients to do the bidding of the musician by paying hundreds of million of Naira for alleged act of infringement”

MTN said it complied with the provision of applicable laws in the musician songs and did not connive with any person to defraud or violate the right of the musician

The company added that it had indicated its goodwill and readiness to settle the case amicably under just and fair circumstances without undue pressure and influence, as well as prejudice to its rights and defence.

MTN said there is an ongoing civil suit on the alleged copyright infringement where the musician is seeking damages of N500 million, before another Federal High Court.

“The prosecution of the case and trial of MTN and its CEO will erode the corporate image of MTN and depletes its profitability, thereby affecting its share price in the Nigeria’s stock market and taxes payable to the Federal Government by the company.

“It will also discourage foreign investment for fear of harassment

“It is in the light of this, that we wish to crave the kind indulgence of your good office in critically examining this matter and exercising your powers under Section 174 of the 1999 Constitution in the overall interest of justice and to prevent abuse of legal process,” the letter read in part.

Reacting to the decision of the AGF to the MTN petition, the musician alleged that the minister used his office ‘as a tool for oppression against an ordinary Nigerian”.

“While we concede that the AGF is empowered under the law as the Chief Law Officer, to discontinue any criminal trial, we also know that the sacred trust vested in the AGF must not be abused.

“The responsibility of entering a ‘nolle prosequi’ must actually be exercised justifiably.

“Sadly in this instance, there is no justification, whatsoever, for the AGF to thwart the prosecution of MTN.

“The case, indeed, serves the crucial purpose of giving justice to Mr Moye who has expended time resources and energy to create a work of art which MTN and its cronies have willfully stolen and appropriated the income to themselves,” Moye’s lawyer said.

He called on the AGF to allow justice to take its course and direct MTN to present its case in court.

According to him, doing otherwise would suggest that the AGF did not trust the Federal High Court, where the matter is pending, to do justice in the case.

NAN

June 22, 2024