TheNewsGuru

Tag: AGF

  • Anti-corruption war: AGF denies rift with EFCC

    Anti-corruption war: AGF denies rift with EFCC

    The Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN), on Thursday denied speculations making the rounds about a rift between him and Acting Chairman of the Economic and Financial Crimes Commission (EFCC) Ibrahim Magu, on the handling of high profile criminal cases.

    TheNewsGuru.com reports that a recent letter from the office of the AGF directed the EFCC to forward files on about 35 high profile cases, involving ex-governors and other prominent individuals to his office for vetting and further directive.

    The directive ignited speculation about a possible rift between the AGF and Magu, with many expressing doubt about the AGF’ true intention. Some even claimed the directive was a prelude to the AGF’s office’s eventual take over of the cases.

    Speaking in Abuja on Thursday, Malami said there was no rift between his office and the EFCC leadership.

    Malami, who was reacting to questions after an event held in his office, said he did not believe the letter to the EFCC was an evidence of a right between his office and the EFCC or that his office intended to take over the cases.

    Malami spoke on a forthcoming “national summit on justice,” slated for August 8 and 10 in Abuja. He also unveiled the upgraded Federal Ministry of Justice’s website and Freedom of Information (FOI) Compliance portal.

    Malami said the summit, to be attended by stakeholders in the justice sector, was intended to consider, adopt and validate the draft National Policy on Justice (NPJ), developed by a technical committee constituted by the Federal Ministry of Justice in 2016.

    On the need for a national justice policy, the AGF said: “Given the challenges militating against an effective administration of justice and the peculiarity of our federal system, there is the need to harmonize and integrate the various reforms initiatives into a clearly articulated National Justice Policy.

    “The policy is expected to clearly define Nigeria’s political philosophy with respect to justice delivery and provide a common direction for the justice sector stakeholders across the nation.

    “The policy, in broad term, is expected to set out a common vision and provide the guidelines for promoting an effective justice system that guarantees the freedom of the people and socio-economic development of the nation.

    “This policy will therefore, serve as a policy framework upon which relevant institutions can situate regulations and legislation in line with best practices and principles,” Malami said.

     

  • Magu: Presidency faults Premium Times’ report of AGF’s points on Osinbajo

    …Says it is misleading

    The Presidency has faulted an online publication, Premium Times, quoting the Minister of Justice, Abubakar Malami, as saying that Acting President Yemi Osinbajo should be held responsible for a statement credited to him by the Senate.

    “”The endorsement by Acting President Yemi Osinbajo of the continuous stay of Ibrahim Magu as EFCC chairman was not a collective decision,” the online publication had quoted the Minister of Justice, Abubakar Malami as saying on Wednesday.

    However, Mr Laolu Akande, the Senior Special Assistant to the President on Media and Publicity (Office of the Vice-President), on his twitter handle, frowned at the publication, saying the minister was misrepresented by the Premium Times.

    He posted on the twitter handle: “”@PremiumTimesng ought to understand a basic fact: Appointments & Nominations are not a matter for Federal Executive Council. They are purely presidential issues.

    “”The Attorney-General’s point is that decisions on Presidential nominations are matters for the Presidency and not the Federal Executive Council.’’

    While briefing State House correspondents alongside the Minister of Information and Culture, Alhaji Lai Mohammed, the Attorney General, dismissed the assertion that the FEC had discussed the issue of confirmation of nominations or otherwise by the Senate.

    Akande said, “Well the fundamental consideration about the alleged statement is the fact that at no point ever the federal executive council sat down to arrive at the decision in one way or the other as far as the issue of nomination or otherwise is concerned.”

    TheNewsGuru.com reports that the Senate on Tuesday frowned at a statement credited to Acting President Yemi Osinbajo that the Upper Chamber had no power to confirm certain political appointments being made by the presidency.

    The Senate, therefore, in a four-prayer motion, resolved to suspend all confirmation requests from the executive until decisions of the legislature is respected by the presidency.

    The decision of the Senate arose from a motion raised by Sen. Sani Yerima, following a letter requesting the confirmation of Lanre Gbajabiamila as Director-General of the National Lottery Commission.

    However, TheNewsGuru.com reports that the Minister of Information and Culture, Alhaji Lai Mohammed has said the fresh crisis between the executive and legislature will be resolved amicably.

     

  • Sagay, Malami disagree over FG’s appeal of Saraki’s acquittal

    Discordant views from the Attorney General of the Federation, Abubakar Malami and Chairman of the Presidential Advisory Committee Against Corruption (PACAC) Professor Itse Sagay, SAN, on review of the federal government’s strategy in combatting corruption following the unexpected triumph of Senate President Bukola Saraki at the Code of Conduct Tribunal (CCT), highlight cracks in President
    Muhammadu Buhari’s anti-corruption crusade.

    Saraki had in the last 21 months been facing trial over false declaration of assets, but the tribunal last Wednesday ruled that he had no case to answer in the 18-point charge brought against him by the federal government.

    Following Saraki’s acquittal, there had been rumble among top echelons of government since the judgement was delivered with some calling for appeal while others are of the view that status quo ante should be maintained.

    However, The Federal Government yesterday appealed the court ruling that acquitted the Senate President, Bukola Saraki, of charges of corruption and false declaration of assets.

    The federal government through Rotimi Jacobs SAN and Pius Akutah, an assistant Chief State Counsel signed, filed eleven grounds of appeal at the Court of Appeal Abuja to challenge the judgment of the CCT.

    However, from a very reliable source, TheNewsGuru.com gathered that a strategic meeting earlier conveyed by some of the frontline Buhari’s anti-corruption aides in order to review the federal government’s strategy in combatting corruption reportedly ended up on a dead end road.

    The meeting was attended by Malami, Sagay and another legal aide in the presidency, Mr. Okoi Obno-Obla.

    Recall that Prof. Itse Sagay had condemned the acquittal saying there was no basis for the position taken by the tribunal, even as he stressed that the prosecution presented enough evidence to secure a conviction..

    In the same vein, the Special Assistant to the President on Prosecutions, Mr. Okoi Obono-Obla, also maintained Sagay’s position that government would appeal the judgement.

    Meanwhile, whereas while the duo are drummed for the appeal of the tribunal’s verdict, Malami, has a contradictory view.

    Malami, it was gathered had disclosed that he would need the advise of President Muhammadu Buhari before a decision on whether to appeal the case or not.

    He also said that FG has not appealed such case in the past and preceedent is law, since there is no such precedence in such high profile case it will be difficult to start it with Saraki’s case.

    At the meeting Malami was quoted as saying, “it is a fruitless journey; we are not willing to embark on that. If we can’t review judgement against Tinubu, then we cannot review case against Saraki as that will appear as double standard”

    When contacted, an aide to the Senate President told TheNewsGuru.com that: “They can go ahead with the appeal but it is just an abuse of court process and we will come out victorious any day.”

    Meanwhile, a chieftain of the All Progressive Congress (APC), in Abuja mentioned that a review of the judgement against Saraki will negatively affect the integrity of the APC.

    “If they can’t appeal the case against Tinubu, then why waste time appealing against Saraki. It is important that our party start thinking about its integrity or we will risk getting booted out in 2019.” The source added

  • AGF arraigns 2 bank chiefs for $166m fraud

    AGF arraigns 2 bank chiefs for $166m fraud

    The Attorney General of the Federation and Minister of Justice has arraigned two bank chiefs for an alleged fraud of $166m before the Federal High Court in Lagos.

    The accused are Simon Akinteye and Gabriel Adepoju.

    Akinteye is the Managing Director of Integrated Microfinance Bank Plc, while Adepoju is his deputy.

    The 10 counts pressed against them by the Federal Government bordered on alleged reckless granting of $166.9m and N33.25m credit facilities to themselves and one Mrs. Temitope Imam without collaterals.

    Akinteye was accused of unlawfully transferring $166m into Imam’s two accounts domiciled at Citi Bank N. A. of Utica/Clarkson, 702, Utica Avenue, Brooklyn New York and Washington Mutual, 391, Eastern Parkway, Belford Avenue, New York, USA.

    He was also accused of diverting a cumulative sum of N11m to his personal company, Deblad Nigeria Limited.

    Adepoju was accused of diverting a total of N22.25m to a limited liability company, Gad Press Limited.

    The prosecutor, Mrs. A. I. Charles-Okoli, said the bank chiefs acted contrary to sections 18 (1)(a) and 18(3) and 15(1)(a)(I) Banks and Other Financial Institution Act, Laws of the Federation of Nigeria, 2004, and are liable to be punished under sections 18(2) and 16(1)(a) of the same Act.

    But Akinteye and Adepoju pleaded not guilty.

    Justice Mojisola Olatoregun had admitted the duo to bail in the sum of N10m with two sureties each.

    The court ordered that the sureties must be persons whose status must not be less than that of an executive director in a commercial bank, with evidence of three years’ tax payment to the government.

    The judge said the accused persons should be remanded pending when they would perfect the bail conditions.

    At the proceedings, lawyer for the accused, Mr. C. O. J. Joseph (SAN), told Justice Olatoregun that his clients found it difficult to get any bank executive director to stand surety for them.

    Joseph pleaded with the judge to vary the terms.

    “The defendants have made efforts in meeting the bail conditions but all to no avail.

    “We plead with Your Lordship to either allow them bail on self-recognisance or to get civil servants instead of executive directors of a bank,” Joseph pleaded.

    The prosecutor, Okoli, did not oppose the application for variation of bail conditions, but urged the court to consider the nature of the charges against the accused before granting the application.

    After hearing both parties, Justice Olatoregun adjourned till June 22 for ruling and commencement of trial.

  • Arms Importation: AGF Arraigns Customs officers, clearing agents

    Attorney-General of the Federation and Minister of Justice yesterday arraigned five men alleged to have imported into Nigeria arms and ammunition without lawful authority before a Federal high court sitting in Lagos southwest Nigeria.

    The accused are clearing agents and customs officers. Their names are Mahmud Hassan, Oscar Okafor, Donatus Achinulo, Matthew Okoye, said be at large, and Salihu Danjuma. They were alleged to have conspired to import 661 pump action rifles into the country.

    In a nine-count criminal charge number FHC/L/190C/17.filed before the court by the office of the Attorney General of the Federation and Minister of Justice, the accused were alleged to have brought the rifles into the country from Turkey through the Apapa Port in Lagos, using a 40-feet container, which they falsely claimed contained steel doors.

    To facilitate the illegal importation, the accused allegedly forged a number of documents including a bill of lading, a Form M and a Pre-Arrival Assessment Report.

    According to the prosecution, in order to evade payment of Customs duty, the accused allegedly forged a bill of lading issued at Istanbul on January 9, 2017, claiming that it was issued at Shanghai, China.

    In the forged bill of lading, they allegedly filled “steel door” as the content of the container instead of rifles.

    It was alleged further that they offered a bribe of N400,000 to an official of the Nigeria Customs Service attached to the Federal Operative Unit to influence the said officer not to conduct a “hundred per cent search on the 40-feet container with number PONU 825914/3.”

    The prosecution also alleged that the first accused, Hassan, corruptly gave N1 million to government officials at the Apapa Port in order to prevent the search of the container by Customs officials.

    In one of the counts, the Federal Government alleged that the defendants had between 2012 and 2016 illegally imported several double-barreled shotguns, pump-action rifles and single-barreled shotguns into the country through Lagos Port.

    The offences alleged to have been committed by the accused persons are contrary to sections 1(2)(c), 1(14) (a)(i) and 3(6) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2014.

    All the accused present in court pleaded not guilty when the charges were read to them.

    Thereafter the prosecuting counsel, K.A. Fagbemi, applied for a date to commence the trial of the accused persons, but urged the court to order that the accused should be remanded in prison custody pending trial.

    In his short ruling, the Presiding Judge, Ayotunde Faji, while adjourning till September 12, 2017 for trial to commence ordered that the accused should be remanded in prison custody.

  • Malabu Oil deal: Adoke sues Malami, says ‘I acted in Jonathan’s directives’

    Former Attorney-General of the Federation, AGF, Mohammed Adoke (SAN), who is facing corruption charges, has asked a Federal High Court in Abuja to declare his prosecution by the Economic and Financial Crimes Commission, EFCC, illegal.

    In the suit asking the court to determine the constitutionality of a serving minister exercising executive power through a presidential directive, Adoke said his involvement in the Malabu Oil deal was limited to carrying out the directive of former president, Goodluck Jonathan.

    His successful, incumbent Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN) was sole defendant in the suit

    The EFCC is accusing Adoke of aiding the transfer of money to his co-defendant, Dan Etete, himself a former petroleum minister and conspiring with him to commit money laundering offences in the infamous $1.1 billion Malabu Oil scam.

    But in originating summons to his counter-suit, which was signed by 11 lawyers led by Kanu Agabi and two other senior lawyers, Adoke asked the court to determine whether by virtue of sections 5(1), 147(1), 148(1) and 150(1) of the 1999 Constitution a serving minister of the country can perform the “executive power of federation vested on the president as directed by the president.”

    Section 5(1) of the Constitution deals with the executive power of the President and how such powers can be exercise or delegated.

    Section 147(1) and 148(1) outlines the duties and responsibilities of ministers and how those responsibilities are exercised in accordance with the wishes of the president while Section 150 (1) specifically deals with the responsibilities of the AGF.

    Adoke prayed the court to declare that his involvement in the negotiation between the Nigerian government and Malabu Oil and gas Limited, Shell, Nigeria national Petroleum Corporation (NNPC) and Agip in the matter of OPL 245 was in “furtherance of the lawful directive/approval of the president in the exercise of his powers.”

    The former AGF also asked the court to declare that any correspondence he had with J.P Morgan (the back which transferred the money to Mr. Etete) and any other entity and ancillary actions and processes taken in respect to the Malabu oil deal was in obedience to the lawful directive of the president in the exercise of his executive power.

    He further asked the court to declare that his prosecution by the EFCC in respect of Malabu deal on the account of carrying out the president’s directive was illegal, null and void and in breach of Section 5 (1) of the Constitution.

    Lastly, he asked the court to declare that he cannot be held personally liable for carrying out lawful directive/approval of the president while he served as a minister.

    In the affidavit filed in support of the originating summons, Mr. Adoke traced the evolution of the deal from 2006 until 2010 when Mr. Jonathan approved the transfer of the oil block to Mr. Etete maintaining that his role in the deal was shaped by former president’s directives.

    “That at all time material the plaintiff carried out the Presidential directive diligently, faithfully, impartially and in good faith and without any personal gain to himself nor to any other person except as was agreed to by the known parties to the parties.

    “The plaintiff verily believes that he did not exceed the directives/ approval given to him by the President and did nothing wrong to warrant his prosecution on account of the implementation of the Settlement Agreement,” the affidavit stated.

     

  • Alleged N3.9b fraud: Suswam withdraws N10bn suit against DSS, AGF

    Alleged N3.9b fraud: Suswam withdraws N10bn suit against DSS, AGF

    A Federal High Court in Abuja on Wednesday struck out a N10bn fundamental human rights enforcement suit filed by a former governor of Benue State, Gabriel Suswam, against the Department of State Service, DSS, its Director-General, Lawal Daura, and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN).

    Justice Gabriel Kolawole struck out the case following an application by Suswam’s lawyer, Mr. Joseph Daudu (SAN) for the withdrawal of the suit.

    Counsel for the defendants, Mr. C.D Akpe,said he had no objection to the withdrawal.

    TheNewsGuru.com reports that Suswam, who was arrested on February 25, 2017 released from DSS custody on Sunday after spending about 70 days in detention, was present in court on Wednesday.

    Suswam, who is being prosecuted by the Economic and Financial Crimes Commission before Justice Ahmed Mohammed of the same Abuja Division of the Federal High Court, was absent from court on health grounds on Tuesday, which had been scheduled for the continuation of his trial.

    He was, in the case, charged along with his then Commissioner of Finance, Mr. Omadachi Oklobia, with diversion of about N3.9bn belonging to the state when he was governor.

    Suswam, alongside Oklobia, and the then Accountant, Benue State Government House Administration, Mrs. Janet Aluga, is also scheduled to be arraigned by Office of the Attorney-General of the Federation before Justice Kolawole on Thursday.

  • Warn police against treating courts with levity, Judge tells AGF

    A Federal High Court in Abuja on Thursday directed the Attorney General of the Federation (AGF), Mr Abubakar Malami, to warn the police on the consequences of treating courts with levity.

    Justice Gabriel Kolawale who issued the directive said that police as an institution established by law must subject itself to constituted rules.

    Kolawole’s reaction followed the failure of the police to appear in a case of enforcement of fundamental human rights instituted against it and four others by the Incorporated Trustees of the Peace Corps of Nigeria.

    At the resumed hearing of the suit, the Inspector General of Police and the Nigerian Police Force, who are the major defendants in the court action, were not in court and gave no cogent reason.

    The AGF, the National Security Adviser, Department of State Services and its Director-General, who are the other defendants in the suit, were represented by Mr Terhemba Agbe.

    Mr Kanu Agabi, (SAN), Counsel to the Peace Corps and its National Commandant, had urged the court for an order restraining the police from further taking steps against the plaintiffs in the pending court action.

    Agabi had specifically pleaded with the judge to order the police to vacate the corporate headquarters of the Peace Corps in Abuja, which had been sealed off since Feb. 28.

    He also asked for an order of court to facilitate the release of the vehicles and other properties of the corps carted away by the police when the office was invaded.

    Agabi urged the court to allow hearing of the parties in the matter before giving any order.

    Justice Kolawale expressed displeasure over the absence of the police in court without justifiable reason.

    The judge said that the police who were the antagonist in the matter ought to have realised that a case for the enforcement of fundamental human rights ought to be treated with deserved urgency.

    “It is an affront to the court for a party in a pending court action to take any further step in such a manner that may affect the foundation of the case.

    “To take a further step in a pending court matter outside the court is nothing but self help and the consequence of such action is contempt of proceedings,’’ Kolawole said.

    According to him, it would not be in the interest of justice for any of the parties in the matter to resort to self help or impose a “fate accompli” on the court.

    Specifically, the judge said that his ruling should be served on the police through the office of the AGF to enable the police realise the consequences of treating the court with levity.

    He therefore, ordered the AGF and three other defendants to file processes within five days in response to the originating summons of the Peace Corps.

    The court adjourned hearing in the matter until May 15.

     

     

    NAN

  • BREAKING: $1.3bn Malabu Oil deal: EFCC raids ex-AGF, Adoke’s home

    The Economic and Financial Crimes Commission, EFCC on Wednesday raided the Kano home of the former Attorney-General of the Federation, Mr. Mohammed Adoke (SAN), as part of investigations into the $1.3bn Malabu scam.

    According to Adoke, the operatives of the EFCC stormed the residence and broke down the doors without a search warrant.

    Adoke said the officials, however, found nothing at the residence after the search.

    The statement read in part, “Some EFCC operatives today raided the house of former AGF and Minister of Justice, Mr. Mohammed Adoke (SAN). They found nothing after breaking down the doors of his residence in Kano.

    “There was no evidence of a search warrant but they broke down some doors, searched everywhere and the roof. No information on the actual mission of the operatives. This invasion is without deference to the ongoing cases in court against the ex-AGF.”

    The EFCC spokesman, Mr. Wilson Uwujaren, however confirmed to newsmen that operatives of the Commission conducted the search.

  • Court refuses to order AGF to investigate EFCC chairmen

    Court refuses to order AGF to investigate EFCC chairmen

    An FCT High Court, Jabi, has struck out an application seeking an order to compel the Attorney-General of the Federation (AGF), to investigate former EFCC chairmen for alleged corruption.

    Justice Abba-Bello Muhammad, struck out the application after listening to the submission of the applicants’ counsel, Mr Frank Tietie.

    Plaintiffs in the matter with suit number M/4853/17 were George Uboh and George Uboh Whistleblower Network.

    Muhammad struck out the suit on the ground that the applicants lacked the locus standi to compel the Attorney- General to investigate past chairmen of Economic and Financial Crime Commission (EFCC).

    According to the judge, the applicants have no power under the provisions of the law to decide for the AGF who to prosecute.

    “I have examined the application of the applicants seeking an order of the court to commence an action of mandamus on the respondents.

    “Applicant must have a locus standi before such an application can be granted,’’ the judge said.

    According to Muhammad, a private legal practitioner has no locus standi to compel the AGF to prosecute a person.

    The judge added that Section 383 of the Administration of Criminal Justice Act (ACJA) was specific on when a private legal practitioner could compel the AGF to investigate an individual
    The applicants had prayed the court, to exercise its powers under Section 174 of the 1999 Constitution and order the AGF to investigate and prosecute former and present EFCC chairmen.

    Those listed for investigation were Mallam Nuhu Ribadu, Mrs Farida Waziri, Mr Ibrahim Lamorde, Ibrahim Magu and Access Bank Plc.

    They averred that the EFCC chairmen were fraudulent, and refused to account for recovered money in accordance with Section 15, 16, and 17 of the EFCC Act.
    The plaintiffs said that the respondent owed them a duty to prosecute the EFCC chairmen.
    They said that available evidence showed that Ribadu, Waziri, Lamorde, Magu and Access Bank had committed; “serious acts of fraud and corruption.’’