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Tag: AGF

  • Old Notes: AGF asks Supreme Court to dismiss suit challenging February 10 deadline

    Old Notes: AGF asks Supreme Court to dismiss suit challenging February 10 deadline

    The Attorney-General of the Federation (AGF), Abubakar Malami, has appealed to the Supreme court to dismiss the suit filed by three state governments challenging the naira redesign policy of the Central Bank of Nigeria (CBN).

    According to the Malami and his team of lawyers, the Mahmud Magaji and Tijanni Gazali, the Federal Government argued that the Supreme Court does not have the  jurisdiction to entertain the suit.

    In court filings dated February 8, 2023, the AGF contends that “the plaintiffs have equally not shown reasonable cause of action against the defendant.”

    The AGF and his men are of the opinion that Supreme court should strike out the suit for lack of jurisdiction.

    Citing grounds in support of the objection, they argue that the State Governments’ suit challenges the Federal Government through its agency, the CBN, to withdraw old banknotes from the financial system and introduce new ones.

    With reference to Section 251 of the Constitution, the defence lawyers argue that the suit falls within the exclusive jurisdiction of the Federal High Court in matters of monetary policy of an agency of the Federal Government.

    “The claims or reliefs are not against the federation, but the Federal Government and its Agency, the Central Bank of Nigeria.

    “The Federal Government of Nigeria is distinct from the Federation or the Federal Republic of Nigeria. The Plaintiffs have no grievance whatsoever against the Federation of Nigeria.

    “This suit has disclosed no dispute that invokes this (Supreme) Court’s original jurisdiction as constitutionally defined,” the AGF added.

    Recalled that three state governments – Kaduna, Kogi and Zamfara –  had sued the Federal Government over the naira redesign policy of the CBN.

    In the suit filed on February 3, the states urged the Supreme Court to compel President Muhammadu Buhari, the CBN and commercial banks to rescind the February 10 deadline for the old N200, N500 and N1000 banknotes as Nigeria’s legal tender.

    Ruling on an ex parte request by the plaintiffs, the Supreme Court, ordered the Federal Government to halt the implementation of the currency redesign policy pending the determination of the substantive suit.

  • Supreme Court re-adjusts hearing date for Senator Peter Nwaoboshi’s appeal

    Supreme Court re-adjusts hearing date for Senator Peter Nwaoboshi’s appeal

    The Supreme Court of Nigeria on Thursday in Abuja granted a reprieve to jailed Senator Peter Nwaoboshi by reversing the downward hearing date in the appeal challenging his seven years imprisonment for corruption.

    The initial hearing date in his appeal against the conviction was slated for November 24, 2024, it was, however, on Thursday brought down to February 9, 2023, by the apex court following an application to that effect.

    Nwaoboshi, through his counsel, Kanu Agabi SAN, a former Attorney General of the Federation, AGF, had made a passionate appeal to the Supreme Court to fast-track the hearing of his case against his imprisonment.

    Agabi, while arguing the application, informed the panel of justices of the court led by the Chief Justice of Nigeria, CJN, Olukayode Ariwoola that his client is a current Senator of the Federal Republic of Nigeria.

  • Alleged drug trafficking: CSO drags NDLEA, AGF to court demanding immediate prosecution of Tinubu

    Alleged drug trafficking: CSO drags NDLEA, AGF to court demanding immediate prosecution of Tinubu

    A Civil Society Organization, CSO, under the aegis of Centre for Reform and Public Advocacy has dragged the National Drugs and Law Enforcement Agency, NDLEA, the Minister of Justice and Attorney General to the Federation, Abubakar Malami to immediately start prosecution of APC’s presidential candidate Bola Ahmed Tinubu over alleged money laundering and drug trafficking.

    In suit number FHC/Abj/CS/2237/22 dated December 2, 2022, sighted by TheNewsGuru.com, (TNG) the group wants the court based on the certified judgment of a US Court start prosecution of the presidential candidate of the ruling party on money laundering and drug trafficking.

    TNG recalls that the latest certified copies of the court case, obtained on August 10, showed Mr Tinubu and two others named K.O. Tinubu and Alhaji Mogati were involved in banking proceeds of illicit drugs and money laundering with Heritage Bank and Citibank. It was not immediately clear whether or not ‘Alhaji Mogati’ was a misspelling of Alhaja Abibatu Mogaji, Mr Tinubu’s foster mother, who passed on in 2013.
    The U.S. government had in July 1993 sought forfeiture of proceeds of narcotics Mr Tinubu was accused of laundering. The matter was resolved in a compromise between the Tinubus and the U.S. authorities, with the Tinubus being asked to keep the money in the Heritage Bank account while the $460,000 in the Citibank account was forfeited.

    In the originating summons, the plaintiff demanded for a declaration that the first and second defendants are bound by the constitution of the Federal Republic of Nigeria by Section 4 of the Act and establishing NDLEA and Section 3 of the Justice Criminal Administration Act, 2015 to prosecute the 3rd Defendant under Section 18 of the Money Laundering Act, 2022 in that on October 4, 1993 the United States District court Northern District of Illinois, Eastern Division in case number 93C4483, United States of America -Plaintiff V funds in account 263226700 held by First Heritage Bank in the name of Bola Tinubu.

    The plaintiff to this end asked the court to determine whether the 1st and 2nd Defendants are, on the basis of the allegation in the complaint lodged by the Plaintiff in the letters attached to this process as exhibits
    “A” and “B”, bound by the 1999 Constitution, Section 4 of The National Drug Law Enforcement Agency Act and Section 3 of the Administration of Criminal Justice Act, 2015 to prosecute Senator Bola Ahmed Tinubu, the 3rd Defendant .

    Also whether Section 4 in the Act establishing the NDLEA Act is mandated to prosecute the the 3rd defendants among others as expressly stated in the originating summons.

  • FG/ASUU: Appeal Court gives parties 24hrs to resolve dispute amicably out of court

    FG/ASUU: Appeal Court gives parties 24hrs to resolve dispute amicably out of court

    The Court of Appeal in Abuja has given the Federal Government and the striking Academic Staff Union of Universities, ASUU, twenty-four hours to resolve their dispute amicably out of court.

    According to the Appellate Court, on Wednesday, the two parties are to have a rethink, sit down and come out with a resolution that would make Nigerians happy.

    Justice Georgewill Biobele Abraham threw the challenge when the Federal Government and ASUU appear before for a hearing in the appeal instituted by ASUU against the judgment of the National Industrial Court.

    Specifically, Justice Georgewill tasked counsel to the Federal Government, James Igwe (SAN) and that of ASUU, Femi Falana (SAN), to first sit down as lawyers, take a patriotic position and convey the position to their clients.

    The judge said, “There is time for everything, time for war, and time for peace. As Ministers in the temple of justice, we want to see the two of you as senior lawyers encourage and explore amicable settlement of this dispute.

    “In fact, we expect to return to this court on Thursday with the good news that the dispute has been thrashed out and all the appreciation of Nigerians will go to you.

    “So, talk to your clients to take the interest of the nation into consideration for the sake of our children. As you leave here, go and sit down and talk and resolve the matter.”

    Counsel to the Federal Government, James Igwe thanked the Justices for the admonitions and promised to look into the counseling with his colleague.

    Falana said that he had initiated something similar and would be happy to do more on the way out of the strike.

    He, however, restated that an amicable resolution of the matter would involve give and take from the two parties.

    Meanwhile, the court presided over by Justice Barka Hamma Akawu has fixed October 6 for hearing in a motion filed by ASUU for a stay of execution of the judgment of the Industrial Court which ordered the striking lecturers to go and resume work pending the resolution of their dispute with the Federal Government.

    During Wednesday’s proceedings, Falana had sought to move the motion but the Federal Government lawyer objected on the ground that he had not been served with the motion dated September 28.

    The record of the court however revealed that the motion was served on the office of the Attorney General of the Federation AGF.

    Following this, the government lawyer sought a short adjournment to enable him to respond to the motion.

    Justice Akawu subsequently fixed October 6 for hearing of the motion.

  • GARNISHEE: Court to rule on N25m fine awarded to PUNCH, against AGF

    GARNISHEE: Court to rule on N25m fine awarded to PUNCH, against AGF

    Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos, has adjourned ruling till Oct. 10 on the case of N25 million fine awarded to PUNCH newspaper 28 years ago, against the Attorney-General of the Federation, AGF.

    The judgment creditors/applicants, PUNCH Nigeria Limited and Bola Bolawole (then Editor, PUNCH Newspaper) while the judgment debtors are the Attorney-General of the Federation, Inspector-General of Police, Commissioner of Police (Lagos State Command), State Security Service, and Chief of Army Staff.

    On July 29, 1994, Justice Odunowo of the Federal High Court gave judgment in favour of the judgment creditors/applicants the said sum respectively as damages for illegal and unconstitutional sealing up, invasion, subsequent stoppage, and or disruption of lawful activities of the first applicant as well as damages for unlawful detention of the second applicant and cost of the action to the judgment creditors/applicants against the judgment debtors.

    The AGF, on behalf of the other judgment debtors, dissatisfied with the court’s judgment, appealed the judgment at the Court of Appeal but on March 18, 2004, the court dismissed the appeal of the judgment debtors.

    Again, the AGF on behalf of other judgment debtors still dissatisfied with the judgment of the Court of Appeal further appealed to the Supreme Court and the apex court on June 14, 2019, dismissed the appeal of the judgment debtors, in which the AGF was represented by C. I. Okopko, SAN.

    While trying to enforce the judgments of the courts, the judgment creditor, through its lawyer, Clement Onwuenwunor, started garnishee proceedings to demand the immediate payment of the said sum.

    The garnishees are the Central Bank of Nigeria, Diamond Bank Plc, Ecobank Plc, Union Bank Plc, Skye Bank Plc, Nigerian International Bank Ltd (CITIGROUP), Standard Chartered Bank Plc and Fidelity Bank Plc.

    Others are First City Monument Bank Plc, Stanbic IBTC Bank Plc, Wema Bank Plc, Sterling Bank Plc, Zenith Bank Plc, Guaranty Trust Bank Plc, First Bank of Nigeria Plc and United Bank for Africa.

    However, the judgment creditors wrote three unreplied letters to the AGF for the satisfaction of the judgment debts.

    On May 30, 2022, the court granted an order nisi against the first garnishee, directing it to show cause why the order should not be made.

    But on July 18, 2022, the first garnishee served the judgment creditors counsel an undated notice of preliminary objection where it raised a lone issue that the consent of the AGF who is the first judgment debtor in the case is necessary before the first garnishee can comply with the judgment of the Federal High Court, Court of Appeal and the Supreme Court.

    At the hearing of the garnishee proceedings on Friday before Justice Ambrose Lewis-Allago, the first garnishee represented by U. F. Adigun, in a preliminary objection, prayed the court to set aside the order made by the court.

    She said the first garnishee/applicant is a public officer and it is required by law that the consent of the AGF be first sought and obtained before the court may make a garnishee order nisi against the first garnishee/applicant.

    She said, “The judgment creditors failed to seek and obtain the prior consent of the AGF order nisi to attach the monies purportedly accruing to the judgment debtors in compliance with the provisions of Section 84 of the Sheriffs and Civil Process Act.

    “In the instant case, My Lord will find on the record that the consent of the AGF was neither sought nor obtained before the grant of the garnishee order nisi by this court to attach the sums in the custody of the garnishee which is a public officer.

    “This we submit, in the light of the above authorities, renders the garnishee order nisi granted in favour of the judgment creditors against the first garnishee/applicant a nullity, same having been granted without the requisite jurisdiction.

    “We are also praying this court to discharge the first garnishee from this suit and strike out the name of the first garnishee/applicant from the proceeding as the court lacks the jurisdiction to entertain the garnishee proceedings against the first garnishee/applicant.”

    In his response, Onwuenwunor argued that the above premise directing the applicants to obtain consent from the AGF, “who has frustrated enforcement of this court’s judgment for 28 years by its oppressive appeals up to the Supreme Court and refusing to respond to the applicants’ solicitors’ letters in exhibit C01, C02 and C03 will be permitting the AGF to be a judge in his case. This cannot be.”

    He also submitted that the cause of action, in this case, shows that the AGF and other parties perpetrated dastardly acts of destruction, looting, oppression, and unjustifiable detentions against the judgment creditors, and the court found so.

    He said, “My Lord will not permit the AGF to benefit from his wrong by granting the application of the first garnishee.

    “The first garnishee, by this application and argument, has become a mercenary fighting a proxy war for the judgment debtors, in this case, this must not be allowed.

    “We urge Your Lordship to dismiss this application and make the order nisi absolute against the first garnishee.” After listening to the arguments of both parties, Justice Lewis-Allago adjourned the case till October 10, for a ruling.

  • Audit Report: Reps summon Ag AGF, MDAs over financial accounts

    Audit Report: Reps summon Ag AGF, MDAs over financial accounts

    The House of Representatives has summoned the Acting Accountant General of the Federation, Mr Okolieaboh Sylva for failing to lay the 2020 audit reports of Ministries, Department, and Agencies (MDAs) of Government.

    Rep. Oluwole Oke, Chairman, Committee on Public Accounts, issued the summoned on Tuesday in Abuja at the resumed hearing of the Committee on queries against MDAs by the office of Auditor General of the Federation.

    Oke frowned at the development and declared that this was affecting the work of the parliament at looking into the financial transactions of MDAs which would no longer be tolerated.

    “As the  9th Assembly is winding down, we need to redouble our efforts at looking into all the reports already laid before the House.

    “We have completed work on those from 2017 and our reports are already in the press after which we will lay the reports before the whole House for official consideration.

    ”This is why we are inviting the Accountant General of the Federation to come before this committee to tell us while he is yet to lay the  2020 audited reports of MDAs before the Parliament.

    ” We need to listen to him to know where the problem is coming from so that we can wade in to resolve whatever hindrance affecting the presentation,” he said.

    He said that the Minister of Finance had said that the nation’s expenditures surpased its income and the ICPC also confirmed that the 2022 budget was padded by the executive arm by several billions of Naira

    He said that what the country needed was to redouble its efforts at revenue generation and as well check the books of the MDAs.

    He warned all heads of MDAs who had refused to appear before it over audit queries raised against them to retrace their steps and do the needful in thier own interest.

    He said that the committee would have no other option than to effect the arrest of the defaulters or relocate its sitting to the premises of such MDAs

    He said that there was a need to look for the needed money to finance the 2023 budget to cater for the needs of the entire populace.

  • Lawyer drags Buhari, AGF, Umana to court over alleged unlawful interference in NDDC

    Lawyer drags Buhari, AGF, Umana to court over alleged unlawful interference in NDDC

    Nigeria’s President, Muhammadu Buhari, Attorney General of the Federation, AGF, Abubakar Malami, and Niger Delta Affairs Minister, Umana Umana, have been dragged before a Federal High Court in Abuja, by a lawyer, Oladimeji Felix Ekengba, over alleged unlawful interference in the operations and management of the Niger Delta Development Commission (NDDC).

     

    In the suit filed before the Federal High Court in Abuja, Ekengba accused President Buhari, the AGF and Umana of flouting the NDDC Act in recent appointments and actions.

     

    The lawyer claimed that Umana unlawfully assumed the position of the Managing Director of the intervention agency in the running of its affairs, contrary to the provisions of the law that established it.

     

    In an affidavit supporting the suit, the plaintiff averred that the President, having sworn to uphold the provisions and tenets of the Constitution, is under obligation to ensure the enforcement and compliance with all Acts of the National Assembly, including that of the NDDC.

     

    He added that Umana was aiding and abetting the President in allegedly breaching the provisions of the Constitution by seeking to interfere or usurp the powers of the board and management of the NDDC, contrary to Section 4 of the 1999 Constitution and Section 2 of the NDDC Act.

     

    The plaintiff asserted that President Buhari, by administrative fiat, allegedly amended the provisions of Section 2 of the NDDC Act by appointing the Niger Delta Minister, Niger Delta Ministry and the Permanent Secretary in the ministry as governing board members of the commission without amending the law to accommodate them.

     

    He added that in carrying out the unconstitutional fiat, Umana and the Permanent Secretary in the Ministry of Niger Delta Affairs wrote a letter to the NDDC, seeking to interfere and usurp the powers of the board on August 8, 2022, by requesting for personnel audit and bio-data of the commission.

     

    The plaintiff also averred that Umana, the ministry and its Permanent Secretary inaugurated a committee on the compressive staff audit of the NDDC via a letter, dated August 15, 2022.

     

    He added that Umana, on August 17, issued directives on the day-to-day running of the NDDC, contrary to the clear position of the law.

     

    Ekengba prayed the court to restrain the defendants from further interfering or issuing directives to the management and workers of the NDDC, arguing that doing so violates Section 4 of the 1999 Constitution, among others.

     

    On why he sued, Ekengba, who claimed to be an indigene of Imo State, said s a stakeholder, he was affected by the mismanagement of the NDDC.

     

    The lawyer stressed that he is not being sponsored by anybody or group, saying “as a lawyer, it was incumbent on me to ensure that the Constitution is complied with by all.”

  • Alleged 109.5bn fraud: Court adjourns trial of ex-AGF Idris until Oct 4

    Alleged 109.5bn fraud: Court adjourns trial of ex-AGF Idris until Oct 4

    An FCT High Court on Wednesday adjourned until Oct 4 trial of suspended Accountant-General of the Federation, Ahmed Idris, and three others for alleged N109.5 billion fraud.

    Other defendants are Olusegun Akindele, Mohammed Usman and Gezawa Commodity Market and Exchange Limited.

    The Economic and Financial Crime Commission (EFCC) charged the defendants 14 counts of alleged misappropriation of N109.5 billion.

    Justice O. Adeyemi Ajayi fixed the date after listening to the submissions of all the counsel in the matter.

    The counsel to Idris, Chief Godwin Uche ,SAN, told the court that he and other defendants’ counsel had not been able to meet with their clients yet on the statements all of them made at the EFCC office.

    Ajayi granted their prayer and adjourned until Oct 4 for further hearing.

    Earlier, the judge revoked Usman’s the bail over his failure to arrive in court on time.

    His counsel Ibrahim Ishaku, SAN, though notified the court that his client was held up in a gridlock.

    The Prosecution Counsel, Mr Rotimi Jacobs, SAN however, told the court the defendants sent someone to the EFCC asking for a plea bargain.

    The EFCC alleged that between February and December, 2021
    Idris accepted gratification from Akindele, a gratification to accelerate the payment of 13 per cent derivation to the nine oil producing Sates, through the office of the Accountant General of the Federation.

    It also alleged that N84. 3 billion was converted from the federal government’s account by the former accountant general and second defendant between February and November 2021.

    The EFCC said the offence contravenes the provisions of sections 155 and 315 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria 1990.

    The defendants pleaded not guilty to the charge.

  • Court fixes date to deliver judgment on Abba Kyari’s extradition

    A Federal High Court in Abuja, will on Aug. 29 deliver judgment in the extradition suit filed by the Attorney-General of the Federation (AGF) against the suspended DCP Abba Kyari, over his alleged link with Ramon Abbas, aka Hushpuppi, an alleged internet fraudster held United States.
    Justice Inyang Ekwo fixed the date after counsel for the parties in the suit adopted their processes and presented their arguments in the matter.
    Newsmen reports that the Federal Government has sought for Kyari’s extradition to the U.S. to answer a case over his alleged linked with Hushpuppi.
    The Federal Government, through the Office of the AGF, had filed the application marked: FHC/ABJ/CS/249/2022.
    The suit, titled: “Application for the Extradition of Abba Kyari to the U.S.,” was dated March 1 and filed March 2.
    While the AGF is the applicant, Kyari is the respondent in the application.
    Kyari formerly headed the Inspector-General of Police Special Intelligence Response Team (IRT).
    The application was filed under the Extradition Act, as part of Nigerian government’s approval of the request by the U. S. for Kyari’s extradition.
    Newsmen also reports that Kyari and six others are currently facing a separate trial on allegations bordering on drug trafficking before a sister court presided over by Justice Emeka Nwite.
  • Extradition: Abba Kyari disagrees with AGF over late filing of court process

    Extradition: Abba Kyari disagrees with AGF over late filing of court process

    Suspended DCP Abba Kyari on Thursday told a Federal High Court, Abuja that the Attorney-General of the Federation (AGF)’s response to his counter-affidavit was an abuse of court process.

    Kyari, in a notice of preliminary objection marked: FHC/ABJ/CS/249/2022 dated and filed on May 19 by Chief Kanu Agabi, SAN, before Justice Inyang Ekwo, said the AGF’s reply was filed out of time and without leave of court first sought and obtained.

    According to Agabi, Order 4 Rule 3 of the Extradition Act (Modification Order, 2014 & Federal High Court (Extradition Proceedings) Rules, 2015 specify that “..upon being served with the counter affidavit of the fugitive, the applicant may file a reply on point of law within 48 hours.’’

    The senior lawyer argued that the AGF, who was the applicant, did not file a reply; but a further and better affidavit.

    “The applicant’s further and better affidavit has no iota of law supporting it.

    “The further and better affidavit filed by the applicant is incompetent and ought to be struck out,” he said.

    In a written address in support, Agabi stressed that the AGF defied the rules of the court by not filing their response within stipulated time,

    He said: “By the counter-affidavit dated the 6th April, 2022 filed by the respondent (Kyari), the applicant (AGF) ought to have filed their reply on point of law on the 8th April, 2022 as provided by the rules but the applicant went extra miles to wait until 19th April, 2022 before they filed their further and better affidavit.

    “Consequently, the further and better affidavit having no backing of law, constitute an abuse of court process and liable to be dismissed,” citing previous cases to back the submission.

    When the matter was called on Thursday, Nureni Jimoh, SAN, who appeared for Kyari, informed that he had an application seeking for leave to file a further affidavit to the AGF’s response to their preliminary objection which they had earlier countered.

    Jimoh said a copy of the further affidavit had been served on Pius Akutah, counsel for the AGF.

    Akutah, who acknowledged the service of the further affidavit on him, opposed Jimoh’s move to seek court leave to allow him filed the further affidavit.

    He described the action as an attempt to attack their own counter affidavit filed against the motion.

    But Justice Ekwo ordered Kyari’s lawyer to move the application.

    Moving the motion, Jimoh said he filed an application on May 19 for leave to file a further affidavit, urging the court to grant the request.

    But Akutah opposed the application, saying a counter-affidavit dated May 26 and served on the respondent had been filed in the regard.

    “We equally have a written address dated May 25 and filed May 26,” he said, urging the court to refuse the application.

    Ruling, the judge held that granting an application was at the discretion of the court.

    “I am minded that this application be granted on its merit so that the matter could be heard and moved forward,” he said, granting all Kyari’s prayers.

    After the ruling, Akutah indicated his intention to respond to the further affidavit.

    Justice Ekwo adjourned the matter until June 3 (Friday) to allow the AGF’s lawyer filed a reply to Kyari’s preliminary objection, ordering all processes to be filed and served for all the applications to be heard on the adjourned date.

    Justice Ekwo had, on April 27, fixed today for hearing of all the applications.

    The Federal Government had sought for Kyari’s extradition to the United States (U.S) to answer a case over his alleged linked with the fraudster, Ramon Abbas, aka Hushpuppi.

    The Federal Government, through the Office of the AGF, had filed the application marked: FHC/ABJ/CS/249/2022.

    The suit, titled: “Application for the Extradition of Abba Kyari to the U.S.,” was dated and filed March 2.

    While the AGF is the applicant, Kyari is the respondent in the application.

    Kyari was formerly the head of Inspector-General of Police special Intelligence Response Team (IRT).

    The application was filed under the Extradition Act, as part of Nigerian government’s approval of the request by the U. S. for Kyari’s extradition.

    Kyari and six others are currently facing a separate trial on allegations bordering on drug trafficking before a sister court presided over by Justice Emeka Nwite.

    NAN