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Tag: AGF

  • Hushpuppi: Court fixes date to hear suspended DCP Kyari’s extradition suit

    Hushpuppi: Court fixes date to hear suspended DCP Kyari’s extradition suit

    A Federal High Court, Abuja, on Wednesday, fixed June 2 for hearing of the extradition suit filed by the Attorney-General of the Federation (AGF) against suspended DCP Abba Kyari.

    Justice Inyang Ekwo fixed the date after counsel for the AGF, Pius Akutah, applied for more time to enable parties respond to processes served on each other by Mahmud Magaji, SAN, lawyer to Kyari.

    Akutah informed that though the court, in the last adjourned date, fixed today for hearing in the matter, he had a motion for extension of time dated and filed on April 19.

    After the application was not opposed by Mahmud Magaji,, SAN, counsel to Kari, Justice Ekwo granted the order as prayed.

    The judge then adjourned the matter until June 2 for hearing.

    The hearing in the suit was, on March 23, suffered a setback.

    The development occurred when Nureni Jimoh, SAN, who appeared for Kyari then, told Justice Ekwo shortly after the matter was called for mention but he was yet to be served with the AGF’s processes.

    On March 9, reported that the court had fixed today, March 23, for the hearing of the extradition application.

    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.

  • Osinbajo declined Obasanjo’s offer to become AGF in 2005–Ogunsakin

    Osinbajo declined Obasanjo’s offer to become AGF in 2005–Ogunsakin

    Mustapha Ogunsakin, a veteran journalist, has disclosed that Vice President Yemi Osinbajo declined former President Olusegun Obasanjo’s offer to become Attorney-General of the Federation in 2005.

    Ogunsakin’s revelation, was made available to newsmen on Friday in Abuja, following mixed reactions over Osinbajo’s declaration to run for the post of president in 2023.

    There have been personal attacks on the vice president by some political opponents trying to brand him a betrayer because of his presidential ambition.

    “In 2005, President Obasanjo invited Osinbajo to take appointment as the Attorney-General of the Federation after Chief Akin Olujimi left office.

    “Obasanjo saw the sterling qualities and performance that Osinbajo had as Attorney General of Lagos.

    “ The president without informing Bola Tinubu, the then Lagos State Governor, offered the post to Osinbajo who was then Lagos State Attorney-General.

    “ The first thing Osinbajo did was to inform his principal, Tinubu, who gave him a free hand to take his decision,” Ogunsakin said.

    He said that Osinbajo made a request to Obasanjo to release Lagos State Council funds.

    ” Obasanjo replied that Osinbajo should first take the appointment and then advise him as Attorney-General of the Federation on the matter.

    “Osinbajo went underground and for weeks Obasanjo could no longer reach him.

    “It was obvious to the then president that Osinbajo deliberately avoided him; he went on to appoint Chief Bayo Ojo as his Attorney-General of the Federation and Minister of Justice.

    “Osinbajo rejected the position of Attorney-General of the Federation and Minister of Justice and stayed with Tinubu; nobody complained then,” he said.

    Ogunsakin said Osinbajo not only stood with Tinubu, but stayed loyal to Lagos State, adding that ” he did not betray Tinubu then.’’

    He cautioned those calling Osinbajo a betrayer.

    “But now when it is convenient for them, some political and religious bigots are shouting betrayal!

    “Everyone knows that if you want to hear the story of how your father met your mother, join politics,” he said.

    He urged anyone criticising Osinbajo over his presidential ambition to do so based on valid facts and ” not lazy, religious and political lies that reveal your foolishness and hatred for a man who is doing his best to make his country and people better.”

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

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

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

  • Electoral Act: Senate, Reps to appeal court judgment deleting Section 84(12)

    Electoral Act: Senate, Reps to appeal court judgment deleting Section 84(12)

    Lawmakers in the Senate and House of Representatives are now on one page as they resolved to appeal judgement which directed the Attorney General of the Federation (AGF) to delete Section 84 (12) of the newly signed Electoral Act.

    This followed a deliberation on the court order during Wednesday’s plenary in both chambers of the National Assembly in Abuja.

    At the Senate, Senator George Sekibo and scores of other senators sponsored a motion on the urgent need to appeal the judgement of the Federal High Court in Umuahia on the suit on the controversial section of the Act.

    In seconding the motion, Senator Sabi Abdullahi described the move as a timely intervention, saying its content was straightforward.

    Senator Gabriel Suswam, who also supported the motion, believes time is of the essence and the motion is straightforward for the appropriate channel to appeal.

    “In making an appeal, we do not necessarily need the guidance of the Committee on Judiciary, Human Rights and Legal Matters,” he said. “I think we should just go ahead and pass this motion as presented.”

    The lawmakers, in their resolution, agreed to appeal the judgement in suit marked FHC/MU/SC/26/2022 to set aside the decision of the court.

    For members in the lower chamber, the clause in question is directed at political appointees and not civil servants.

    They insisted that the court passed a judgement on a matter which was not included in the Electoral Act passed by the National Assembly.

    They also questioned why the National Assembly was not joined as a respondent to the suit, stressing that the action of the judge was an ‘aberration’.

    While the lawmakers hinted at writing a petition to the National Judicial Council (NJC), the Speaker of the House, Femi Gbajabiamila, said he would not allow the National Assembly to be ridiculed.

    Just like his colleagues, he queried why the judgement was obtained in faraway Abia State, insisting that only the National Assembly has the constitutional authority to alter any part of the legislation which it passed.

    Gbajabiamila, therefore, appealed to the AGF not to hastily implement the court judgement, and not to get into the legitimate functions of the National Assembly.

    President Muhammadu Buhari assented to the Electoral Act 2022 on February 25, following a series of attempts by the National Assembly to amend the nation’s electoral laws.

    He had, however, objected to the provisions of Section 84 (12), which read, “No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.”

    The President believes the section constitutes a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election.

    He later asked the National Assembly to amend the section of the Act, but the request was rejected by the lawmakers.

    Recall on Friday last week, Justice Evelyn Anyadike of the Federal High Court in Umuahia, Abia State ordered the AGF to delete the section from the Act.

    She held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever and could not stand, saying it was in violation of the clear provisions of the Constitution.

  • AGF to serve extradition suit to Kyari by March 24

    AGF to serve extradition suit to Kyari by March 24

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

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

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

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

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

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

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

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

    Justice Inyang Ekwo then adjourned till April 27 for hearing.

  • IPOB leader urges AGF to punish officers over his torture in Kenya, Nigeria

    IPOB leader urges AGF to punish officers over his torture in Kenya, Nigeria

    Leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, has asked the Attorney General of the Federation, AGF, Abubakar Malami, to punish all those who tortured him during his arrest in Kenya and detention in Nigeria.

     

    This was among the five demands sought in a letter to the Attorney General of the Federation, signed by his Special Counsel, Aloy Ejimakor, detailing how he was arrested and tortured in Kenya and Nigeria.

     

    Kanu was arrested in an African country believed to be Kenya and repatriated in June 2021.

     

    This was due to his agitation for the restoration of Biafra. He fled Nigeria in 2017 after Justice Binta Nyako of an Abuja Federal High Court granted him bail.

     

    However, the IPOB leader disclosed that he was tortured and subjected to inhumane treatment after his arrest in Kenya.

     

    To this end, the IPOB leader urged Malami to investigate and prosecute all those involved in his torture, in line with the provisions of the Anti-Torture Act of 2017.

     

    Kanu also urged the AGF to ensure his protection while in the custody of the Department of State Services, DSS.

     

    The letter reads partly: “In view of the forgoing, we hereby make the following Prayers: That, consistent with the provisions of the Anti-Torture Act, 2017, the office of the Attorney-General take prompt measures to initiate the prosecution of all persons that were directly or indirectly culpable in the torture of our Client. For your ease of reference, Section 5 of the Anti Torture Act provides that: “A person who has suffered or alleges that he has been subjected to torture shall have the right to complain to and to have his case promptly and impartially examined by a competent authority.

     

    “The competent authority under subsection (1) shall take steps to ensure that the complainant is protected against all ill-treatment or intimidation as a consequence of his complaint or any given evidence.

     

    “That the said prosecutorial action be levied, in line with Section 8 of the Anti Torture Act, which provides that ‘A person who actually participates in the infliction of torture or who is present during the commission of the act is liable as the principal.’

     

    “An order from a superior officer or from a superior in the office or public authority shall not be invoked as a justification for torture.

     

    “The immediate commanding officer of the unit concerned of the security or law enforcement agencies is held liable as an accessory to the crime for any act or omission or negligence on his part that may have led to the commission of torture by his subordinates.

     

    “In conclusion, we call your attention to the provisions of Section 1 of the Anti Torture Act, which states that ‘The Government shall—(a) ensure that the rights of all persons, including suspects, detainees and prisoners are respected at all times and that no person placed under investigation or held in the custody of any person in authority shall be subjected to physical harm, force, violence, threat or intimidation or any act that impairs his free will: and (b) fully adhere to the principles and standards on the absolute condemnation and prohibition of torture set by the Constitution of the Federal Republic of Nigeria and various international instruments to which Nigeria is a State party’”.

  • Court stops Buhari, AGF, others from tampering with Electoral Act 2022

    Court stops Buhari, AGF, others from tampering with Electoral Act 2022

    The Federal High Court, Abuja on Monday, stopped President Muhammadu Buhari, Attorney General of the Federation (AGF) and Senate President from tampering with the newly amended Electoral Act 2022.

    Justice Inyang Ekwo in a ruling on an ex parte application by the People’s Democratic Party (PDP) agreed that the Electoral Act had become a valid law and could not be tampered with without following due process.

    Justice Inyang held that the proper place to challenge validity of any existing law was in a court of competent jurisdiction.

    The PDP, through counsel, Mr James Onoja (SAN), sued the President along with the others challenging what it described as a bid to tinker with the newly amended Electoral Act.

    The AGF as well as the Senate President, Speaker, House of Representatives, Clerk of National Assembly, Senate Leader, House of Representatives Leader and Independent National Electoral Commission (INEC) were named as defendants in the suit.

    Also joined as defendants in the suit marked FHC/ABJ/CS/247/2022 were Deputy Senate President, Deputy Speaker, Deputy Senate Leader and Deputy Leader,House of Representatives.

    The party prayed the court for an order of interim injunction restraining the president and other defendants from refusing to implement the duly signed Electoral Act.

    PDP also applied for an order of the court stopping the National Assembly from giving effect to the President’s request to remove Section 84 (12) from the Electoral Act or take any step that would make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.

    Hearing of the matter has been fixed for March 21.

  • 2023 Presidential aspirant drags NASS, others to court over university certificate

    2023 Presidential aspirant drags NASS, others to court over university certificate

    A presidential aspirant, Julius Musa Lagware, on Friday, asked a Federal High Court in Abuja to stop the National Assembly (NASS) from proceeding with the proposed bill seeking to increase the minimum qualification for those aspiring to contest the presidential election and other offices.

    Lagware, in a suit filed by his lawyer, Pius Danba Pius, wants among others, an order of perpetual injunction restraining the respondents and their agents from taking any action on the proposed bill seeking to raise the educational qualification for anybody seeking to contest election to the office of President, Governor, Senator and House of Representatives from school certificate to the degree certificate.

    Listed as respondents in the fundamental rights enforcement suit marked: FHC/ABJ/CS/ 222/2022 are the National Assembly, House of Representatives and the Attorney General of the Federation (AGF).

    The plaintiff wants the court to declare that “the National Assembly lacks the power to enact a law that is likely or about to discriminate and/or disenfranchise the Applicant and all other persons with school certificate from participating in the electoral process or contesting election for the office of President, Governor, Senator or Member of House of Representatives by requiring the Applicant to obtain degree certificate at his expense without provision of free tertiary education by the Federal Government of Nigeria.”

    He also wants the court to declare that “the action of the National Assembly via House of Representatives by proposed bill seeking to raise educational qualification to contest election to the office of President, Governor, Senator and House of Representatives from school certificate to degree certificate is against the constitutional principles of democracy, freedom, equality, justice and likely or about to violate the Applicant’s fundamental right to freedom from discrimination, right to association and right to equal participation in the government of Nigeria.”

    Lagware, an indigene of Nasarawa State, argued that the bill is against the Nigerian constitutional principles of democracy, freedom, equality, justice and is likely or about to violate his fundamental right from discrimination, right to association and right to equal participation in the government of Nigeria.

    Citing the provisions of the constitution, and order 11 Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules 2009, the applicant argued that he has the fundamental right to participate freely in the government of Nigeria.

    The plaintiff in a supporting affidavit stated that having struggled to acquire his secondary certificate and was desirous of further education, but held down by poverty, his inability to acquire a degree certificate should not constitute a bridge to violate his right to contest political office and aspire to lead the country.

    He argued that the bill is self-seeking and targeted at denying the children of the poor the right to contest as most of them could not afford university education only to benefit children of the national assembly members who could afford it.

    Lagware stated that “the proposed bill seeking to raise educational qualification to contest election to the office of President, Governor, Senator and House of Representatives from school certificate to degree certificate is contrary to the constitutional principles of democracy, freedom, equality, justice.

    “The proposed bill is likely or about to violate/contravene or take away my fundamental right to freedom from discrimination, right to association and right to equal participation in the government of Nigeria.

    “The proposed bill is discriminatory against me as the National Assembly seek to disenfranchise me and all other persons without degree certificate and stop me from contesting an election in my own country.

    “University education is expensive and I cannot afford it as well as the majority of other Nigerians who do not have degree certificate.

    “The Federal Government of Nigeria does not provide free tertiary education and thus, myself and majority of Nigerians without degree certificate will be denied our fundamental right to participate in governance in Nigeria by contesting election to the office of President, Governor, Senator and Member House of Representatives.

    “I can read and write and I can effectively perform the functions of the office of President, Governor, Senator and Member House of Representatives without the need for a degree certificate.

    “The proposed bill is highly discriminatory and is made to prejudice me and other poor people who cannot afford university education in favour of the rich who can afford a university education.

    “All officers of the National Assembly are rich and they can afford a university education for themselves and their children.”

    Meanwhile, no date has yet been fixed for the hearing of the suit.

  • Buhari’s financial reform yielding positive dividends – AGF

    Buhari’s financial reform yielding positive dividends – AGF

    The Accountant General of the Federation (AGF), Alhaji Idris Ahmed, says President Muhammadu Buhari administration’s financial reform is yielding positive dividends.
    Ahmed also said that it has recorded commendable achievement in the management of scarce resources since assumption of office in 2015.
    He spoke at his investiture as the 1st President, Post Chartered and Chairman of Council of the Chartered Institute of Treasury Management (CITM), on Friday in Abuja.
    Ahmed said reforms such as the Treasury Single Account (TSA), IPPIS and GIFMIS, among others, had helped the government to maximise scarce resources in the last few years.
    “When I was appointed as the AGF by Buhari, my team and I were determined to infuse a lot of vibes into the numerous Public Finance Management (PFM) reform initiatives.
    “The primary objective of the PFM reforms is to ensure the sustenance of a stable fiscal position of the Federal Government that will engender efficient delivery of public goods and services transparently.
    “It is on record that the present administration has demonstrated a very strong will and commitment in its drive for managing scarce resources for public good,” according to him.
    Speaking on the institute, Ahmed said that the journey to achieve the legal charter was a very difficult one, adding however that the diligence and tenacity of the founding fathers paid off.
    He said that the passage and assent of the Chartered Institute of Treasury Management (Establishment) Act, 2021 would also help the sector.
    Ahmed promised to build a world class professional treasury personnel that would be conversant with complexities of modern treasury management.
    The AGF said the treasury personnel would efficiently manage public, corporate and private treasuries as the case may be.
    He said “as the President and Chairman of Council of CITM, I will lean on the noble objectives of the Institute and our cognate experiences in managing the Federal Treasury.
    “Attention will also be paid to treasury management issues in the sub-national governments, especially the Local Governments”.
  • Jailbreaks: Senate summons AGF, Interior minister

    Jailbreaks: Senate summons AGF, Interior minister

    The Senate, on Tuesday, summoned the Attorney-General of the Federation, Abubakar Malami; and the Minister of Interior, Mr Rauf Aregbesola, over the incessant jailbreaks in the country.

    This followed a Point of Oder raised by Sen. Istifanus Gyang (PDP-Plateau) during plenary.

    Gyang came under matter of urgent public importance on “terror attacks on two communities in Plateau North and jailbreak at the Jos Medium Security Correctional Centre Jos, Plateau’’.

    The upper chamber also directed its Committee on Interior to invite the Controller-General of Nigeria Correctional Service (NCS), Haliru Nababa.

    It said the invitation was necessary in order to carry out a full scale investigation into the state of correctional centres nationwide.

    Raising Orders 42 and 52 of the Senate Rules, Gyang said nine inmates were killed in the Jos jailbreak, while 252 inmates escaped and reamined large.

    The lawmaker decried the incident, saying that the Jos custodial centre was well fortified and surrounded by major security formations.

    He, therefore, called for the reinforcement of physical protection system and security mechanism at correctional centres by the ministry of interior to forestall further jailbreaks.

    Contributing, Senate Leader, Yahaya Abdullahi, said that correctional centres were the weakest link under the criminal justice system in the country.

    “We have challenges, of course with the police, the judiciary but the correctional centres are the ones in which this country has not made the kind of investment required.

    “We must look into the entire system of this kind of recurrent attack and look at the entire disposition of our prison system. The prison system is porous.

    “Some of the correctional centres were those created since colonial days. About 60 per cent of them were prison systems that were established during the colonial system,’’ he said.

    Similarly, Sen. Rochas Okorocha (APC-Imo) said: “The issue of insecurity has remained a recurring event that seems to have no solution in spite of all government’s effort, in spite of all the military effort.

    “What will be the interest of somebody attacking a correctional centre in Jos, could he say it is as a result of poverty or hunger?

    “I think if we do not trace what are the causes of this development, we may be chasing shadows.

    “ Time has come that this nation has to retreat and restrategise to find out what is truly causing the insecurity, who is responsible and how did it come about.’’

    In his remarks, the Deputy Senate President, Ovie Omo-Agege, who presided over plenary said, “we have a serious issue regarding this security breach.

    “The question becomes why are we having these challenges? Everything Mr President has requested from the National Assembly by way of funding, we have obliged him.

    “So the fault is not that of Mr President clearly. But to whom much is given much is also expected.

    “Now, having given all of these funding to the security agencies, why are we still having these challenges?

    “I think it is something we need to sleep over. But in the interim, it is clear that we have a serious intelligence gathering gap”.