Tag: Malami
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Malami’s mix-messaging on ‘Amotekun’, By Ehichioya Ezomon
By Ehichioya EzomonAt 5:55 p.m. on Thursday, January 23, 2020, there’s a news flash about the South West Security Network (SWSN): “FG, South-West Governors agree on Amotekun,” tweeted Loalu Akande, the spokesperson to Vice President Yemi Osinbajo.This comes at a meeting between the Federal Government, led by Prof. Osinbajo, and South-West governors. Also present were the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami and the Inspector General of Police, Mr Mohammed Adamu.In an update, Mr Akande said: “The meeting was at the instance of the Governors, who had asked to see President Muhammadu Buhari over the controversy surrounding the Amotekun initiative.“However, due to the President’s foreign engagement, he asked the Vice President to host the meeting. The meeting was very fruitful and unanimous resolutions were made on the way forward.“Having regard to the need for all hands to be on deck in addressing the security concerns across the country, it was agreed that the structure of Amotekun should also align with the Community Policing strategy of the Federal Government.“It was also agreed that necessary legal instruments will be put in place by each of the States to give legal backing to the initiative and address all issues concerning the regulation of the security structure.”Surely, the agreement aligns with the submissions of the National Leader of the governing All Progressives Congress (APC), Asiwaju Bola Ahmed Tinubu, on the issue that has sparked fierce debate across the country.While apportioning blame on both sides, Tinubu, who proclaimed the essence and relevance of ‘Operation Amotekun,’ called for a meaningful dialogue to iron out the grey areas.The Federal Government, through the Attorney General, had sharply criticised the launch of Amotekun as “illegal,” on the assumption that it’s a regional structure that violates the Constitution and extant laws on the establishment of security organisations.But earlier on Thursday of the meeting, Mr Malami, on a chat on Radio Nigeria, Abuja, seemed to back-pedal, and said he didn’t classify Amotekun as illegal, claiming he’s “misinterpreted.”His words: “I said the Operation Amotekun should be properly backed by law, so at the end of this government,… any government that eventually succeeded it would not rubbish the operation.“I said if they failed to enact a law in support of Amotekun in the South-West Region of Nigeria, another government can come and say it’s illegal and this is because it is not backed up by any law.“So, it is just a piece of advice to the state governors, to use their power, and the State Houses of Assembly in their various states to enact a law that will make the operation more effective.”Really? If Malami was misinterpreted, and yet quoted repeatedly as captioning ‘Amotekun’ as illegal, why wait for over a week (nine days) to debunk the assertion? Was he cornered? Perhaps!But by 7:05 p.m. on the same January 23, the “piece of good news” from the Vice President Osinbajo-led parley, broken by the media from past 6:00 p.m., was literally trashed. An update stated that: “Amotekun is illegal, FG insists.”Which FG? The one represented by Prof. Osinbajo at the behest of President Buhari, or another “government” unknown to law and the Nigerian people? It’s baffling that the obvious rubbishing of the “agreement” emanated from Malami, who’s at the meeting.Issued by the minister’s spokesman, Dr Umar Jibrilu Gwandu, the statement fished, rambled and re-litigated all that had been said about Amotekun, which necessitated the meeting to find a common ground on the matter.Though he said the government doesn’t oppose a working arrangement with any institution established to provide security, Mr Malami was insistent: “No amount of effort to hide the truth will work. People could be carried away by sentimental or emotional inclinations, but truth remains apparently palpable.“The bottom line is that the current Constitution of the Federal Republic of Nigeria does not accommodate formation of regional security architecture. This is a fact which is undisputable and undeniable.“This arrangement called Amotekun is not backed by any law neither at the State nor at the Federal Government level. Amotekun remains unconstitutional and illegal, as already indicated.”However, Mr Malami urged that its “aberration, relating to constitutional compliance,” could only be cured by ensuring “constitutionality and legality both in spirit, planning, concept and consummation.”The questions: Was the Attorney General hiding behind the alleged “illegality” of Amotekun to tear the “agreement” reached by the Federal Government and the South-West governors?Was his new stand a resolution of the Vice President’s meeting or a post-meeting “decision” by another sect of government officials composed of what critics label as the “cabals”?If it wasn’t the decision of the meeting to regurgitate government’s prior position on Amotekun, why did Malami act otherwise to undermine the agreement reached?Was the “other camp” expecting the Osinbajo-Governors meeting to be deadlocked, failing which they had to spring a “Plan B” to create confusion and doubts in the outcome of the jaw-jaw?Whatever informed the seeming about-turn by a member of the Osinbajo panel, the blame for the Amotekun controversy goes to its brainchild: the Governors of the South-West.Why in a hurry to undercut a crucial security plan on a shaky or no foundation: without enabling laws? Was it an oversight or a ploy to face, from the get go, any constitutional and institutional challenges that may arise to hamper its smooth operations in future?No matter their strategy, when ‘Amotekun’ takes off fully, the governors still have to commend Mr Malami, for “opposing” the outfit, and Asiwaju Tinubu, for backing them to resolve the impasse.LAST LINE: Reactions to: ‘Mbaka’s ‘prophecy’ and our hypocrisy’(+2348038341409): Good day sir. I like your submission and analysis on the topic. Nigerians are too hypocritical in nature. When he prophesied about the enthronement of Buhari, and that Jonathan would fail re-election, nobody queried him. And again, the prophecy about the re-election of the president in 2019. Instead of people to praise him (Mbaka), he’s being insulted.Barr. OSI Nwosu (+2348057475706):Hello Ezomon. Your article on Mbaka refers. Nostradamus, the 16th Century seer, was famous for his prophecies. Today’s findings have shown that the then Kings of France used him for their political ends. Mbaka is exactly the same: a charlatan. E.g., why didn’t he tell Hope (Uzodinma) ten years ago that he would be governor? Why now? Tom Ogen (+2348131922828): I love this quotation: “There’s no duress for one to believe in Fr Mbaka’s ‘prophecies.’ It’s a matter of faith. As Italian theologian, St. Thomas Aquinas, posits: ‘To one who has faith, no explanation is necessary. To one without faith, no explanation is possible.’”* Mr. Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria. -
No going back: Amotekun is illegal – Malami
Attorney General and Minister of Justice, Abubakar Malami on Thursday insisted that the establishment of the Southwest security outfit, Operation Amotekun, is illegal and has no place in the constitution.
Malami, in a statement issued by his Special Assistant on Media, Dr. Umar Gwandu, said the Federal Government would not bat an eye due to sentiment being displayed by people on the matter.
According to him, no amount of effort to hide the truth would work, saying that people could be carried away by sentimental or emotional inclinations, but that the truth remained apparently palpable.
He said the bottom line was that the current Constitution of the Federal Republic of Nigeria did not accommodate formation of regional security architecture.
“This is a fact which is undisputable and undeniable. Mr. Falana was prevaricating and circumlocuting using evasive techniques when he was asked by the media to justify the presence of lacuna within the law which could establish or protect the concept of regionalism in any operation in the country.
“This arrangement called Amotekun is not backed by any law neither at the State nor at the Federal Government level. Amotekun, therefore, remains unconstitutional and illegal as already indicated,” he stated.
The Attorney General added that the Federal Government appreciated that legally-minded Nigerians had started to eschew emotions by offering legal comments on the matter as against being carried away by other inclinations.
He said his office was committed to the rule of law and a constitutional democratic Federal Republic of Nigeria.
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AGF writes Makinde, other Govs, demands immediate disbandment of caretaker committees
Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN) has requested Oyo State Governor Seyi Makinde to abide by the decision of the Supreme Court on the dissolution of local government administration in the state in the overall interest of the rule of law and the nation’s democracy.
Malami, in a letter with reference number HAGF/OYO/2020/Vol.I/I addressed to the Oyo State Attorney General and Commissioner of Justice, Prof Oyewo Oyewo, said he acted in line with his constitutional role as the chief law officer of the federation under Section 150 (1) of the 1999 constitution( as amended).
He stated that the need to immediately disband all caretaker committees and restore democratically elected representatives to the local governments had therefore become obligatory.Malami in the letter dated January 14, 2020 and entitled: “Unconstitutionality of dissolution of elected government councils and appointment of caretaker committees: The urgent need for compliance with extant judicial decisions,” noted with dismay the continued non-adherence by some state governors and state Houses of Assembly to the provisions of Section 7 (1) of the 1999 constitution as amended as it relates to the existence, administration and control of local government councils in Nigeria.
He said this unpleasant development, without doubt, was hindering the much-needed grassroots development expected to be put in place by the third tier of government in the country.The AGF, in the letter copied the Inspector General of Police, the Director General, Department of State Service (DSS); Acting Chairman , EFCC and the Director, NFIU , asked for immediate disbandment of caretaker arrangement in any state of the federation, in full compliance with Court of Appeal judgments in six states , and the Supreme Court judgment in a case involving Ekiti state governor and others versus Prince Sanmi Olubunmo and 13 others .
The AGF said in view of the decision of the Supreme Court on the matter that is binding on all 36 States of the Federation “the common practice by some State Governors in dissolving elected local government councils is unconstitutional, null and void. So also any system of local government run by Caretaker Committees are outrightly illegal and unconstitutional.”
The letter reads further: “To this end, I hereby request all their Excellencies, State Governors and Speakers of State House of Assembly, who are currently acting in breach of the provisions of Section 7(1) of the 1999 Constitution (as amended) and also acting in disobedience of the Supreme Court judgement highlighted above to immediately retrace their step by ensuring compliance with the above in the overall interest of the rule of law and our democracy. The need to immediately disband all caretaker committee and restore democratically elected representatives to man the local governments has therefore become obligatory”.
Malami also requested the Justice Commissioners to take positive steps to ensure compliance adding: “Mr President and other relevant agencies will be advised further on compliance measures that should be taken in national interest.”
The Attorney General of the Federation said: “To this end, I hereby request all their excellencies, state governors, and speakers of houses of assembly, who are currently acting in breach of the provisions of Section 7 (1) of the 1999 constitution ( as amended) and also acting in disobedience of the Supreme Court judgment highlighted above , to immediately retrace their steps by ensuring compliance with the above in the overall interest of the rule of law and our democracy . The need to immediately disband all caretaker committees and restore democratically elected representatives to the local governments has therefore become obligatory.”
Reacting to the development, the Chairman of ALGON, Prince Ayodeji Abass – Aleshinloye, described the decision as a welcome development, saying it had confirmed what they had always stood for that it was wrong for constitutionally elected local government chairmen to be so treated.
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Sagay tackles FG, insists South West Govs’ ‘Amotekun’ legal
Chairman of Presidential Advisory Committee against Corruption, PACAC, Prof. Itse Sagay, has declared the establishment of Operation Amotekun by Southwest governors as legal and in line with their constitutional role as chief security officers of their states.
His position opposed that of the Justice Minister and Attorney-general of the Federation, Abubakar Malami, who declared the security outfit illegal.
Governors from Oyo, Ogun, Osun, Ondo, Ekiti, and Lagos States last week Thursday in Ibadan, the Oyo State capital launched a security outfit called Amotekun.
Sagay in an interview with The Nation said the Police lacked adequate manpower to effectively secure a country of nearly 200 million people, hence the establishment of Amotekun was in order.
“I am positively disposed towards it. I think it is a good beginning not to depend completely on the Federal Government for our security.
“We should begin to rely more and more on ourselves so that those who feel the pain are those who try to take control of the security situation.
“We know that the Police are few; they are stretched; we have about 250,000 policemen in a country of almost 200 million. So, I think these regional security institutions are necessary.
“I believe the police should cooperate with them and help with their training. And I believe eventually, they should even be armed so that we can have a lot more hands and local people involved in security.
“Perhaps that can lead to other benefits, such as economic cooperation and wealth creation; and gradually, we’ll begin to regain what we lost when we lost the regions in the 60s. So, yes, I support it.“It’s not state police. I think the people who created it have been careful. *Yes, there is a security outfit, but there is nothing in the Constitution that precludes either states or association of states from taking care of their security.*
“There is this popular saying that the governor is the chief security officer of a state. That’s not an empty statement.
“They get a lot of money for security, and I look at this as part of the responsibility of the governors acting jointly to provide greater security in the Southwest.”
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Why we detained Dasuki, Sowore despite court orders – FG
The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) has explained that the Federal Government had the right to keep the former National Security Adviser, Col. Sambo Dasuki and convener of #RevolutionNow, Omoyele Sowore despite court orders.
Malami disclosed this when he appeared on ‘Good Morning Nigeria’, a programme of the NTA on Thursday.
The AGF said the orders of the court were subject to applications for variation and appeals at the Court of Appeal, explaining that the enforcement of the orders could be delayed in such circumstances.
He said this applied in the cases of Dasuki and Sowore, adding that “there were applications for setting aside orders; there were appeals for a stay of execution all through. So, until those matters reach the Supreme Court and it takes the final decision, relating there, you are still operating within the ambit and context of rule of law.”
The AGF further stressed the need for Nigerians to understand the judicial process and that not all court orders are to be obeyed immediately.
“Perhaps, I need to clear the air on how the rule of law operates within the context of the Nigerian constitution. We have multiple and a plethora of judicial decisions that establishes a fact that when you are challenging a court order through a judicial process, the idea of disobedience to that court order does not arise,” he said.
Malami added that: “The misapprehension that set into the system and deliberately put in the public space is the fact that once there is a court order, you must unconditionally comply.
You can only be adjudged being in disobedience of a court order when you don’t take advantage of the constitutional powers, rights accorded to you by appealing against the order and perhaps, seeking for stay of execution of the order or perhaps, you don’t take any steps seeking variation of the court order.”
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Sowore: Malami speaks on letter from US lawmakers
Mr. Abubakar Malami, SAN, Nigeria’s attorney-general and justice minister has denied receiving any letter from US lawmakers over the continued detention of Omoyele Sowore, convener of the RevolutionNow Protest and publisher of Saharareporters.
Dr. Umar Gwandu, Malami’s media aide said no such letter got to Malami’s office before the close of work last Friday.
Besides, Gwandu pointed out, “foreign policy conventions do not support direct correspondence between the office of the Attorney-General of the Federation and serving legislators of a foreign country”.
He said the Ministry of Foreign Affairs could be an appropriate Ministry for such correspondence.
“Attorney-General of the Federation finds media reports on the purported claim of such correspondence to his office, peddled by some unscrupulous elements in the society, as not only inappropriate but inaccurate.
“It is essential to put in the record that the so-called letter has not been received at the office of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN as the close of the work of Friday 20th December, 2019”, Gwandu said.
In their letter addressed to Malami, US lawmakers complained over the continued detention of Sowore.
“We request that you take immediate steps to work to facilitate a speedy and fair resolution to the current circumstances of his re-detention; and ensure that he receives a legally sound and credible trial, consistent with Nigeria’s established judicial proceedings and the rulings that follow”
The lawmakers warned that Nigeria risks tarnishing its international reputation over Sowore’s indefinite detention and that “it will best serve Nigeria’s interests to protect and uphold the very legal systems that provide for stability and open dialogue.”
The letter was signed by six lawmakers; Robert Menendez (senator), Charles Schumer (senator), Cory Booker (senator), Christopher Coons (senator), Bill Pascrell (congressman) and John Gotheirmer (congressman).
Sowore, former presidential candidate, was arrested on August 3 in Lagos for planning #RevolutionNow protests in the country.
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US lawmakers write Malami over Sowore
Six members of the United State (US) legislature have asked the Nigerian government to set up a trial for Sahara Reporters’s publisher Omoyele Sowore to justify his continued detention.
“We request that you take immediate steps to… work to facilitate a speedy and fair resolution to the current circumstances of his re-detention; and ensure that he receives a legally sound and credible trial, consistent with Nigeria’s established judicial proceedings and the rulings that follow,” US lawmakers- Robert Menendez, Charles Schumer, Christopher Coons, Cory Booker, Bill Pascrell and Josh Gottheimer said in a letter to Nigeria’s attorney-general and justice minister Abubakar Malami.
The lawmakers said Nigeria risks tarnishing its international reputation over Sowore’s indefinite detention and that “it will best serve Nigeria’s interests to protect and uphold the very legal systems that provide for stability and open dialogue.”US lawmakers write Malami over Sowore
Operatives of the Department of Security Service (DSS) arrested Sowore on Saturday, August 3 after calling for a nationwide protest tagged #RevolutionNow.
The protest, after his arrest, was in major parts of the country. It focused on governance and government accountability to the people.
But the Nigerian government said Sowore was plotting to overthrow Nigeria’s President Muhammadu Buhari and charged him with treasonable felony, money laundering and terrorism.
After disobeying two court orders that granted Sowore bail within the first 124 days he spent in detention, the DSS released on Thursday, December 5 and rearrested Friday, December 6 with no court order to do so.
The American lawmakers, however, said the government’s actions are contrary to the values of a democratic country which includes “application of prosecutorial powers and actions, as well as the ultimate compliance with judicial rulings.”
The US lawmakers stated that Nigeria must work to uphold the basic human rights of its citizens including their freedom Of expression and political affiliation
“Nigeria has an opportunity and responsibility to serve as a model for following the established rule of law under its own Constitution.”
The lawmakers said Malami’s adherence to facilitating genuine progress toward respect for the rule of law will continue to pave the way for closer ties between the United States and Nigeria for economic growth, development and security cooperation.
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Court orders Malami, DSS boss to explain Sowore’s detention
A Federal High Court in Abuja has asked the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) and the Director-General of the Department of State Service, Yusuf Bichi, to explain the reason for the continued detention of Omoyele Sowore.
Sowore, the convener of #RevolutionNow, had, through a motion ex-parte filed by his lawyer, Femi Falana (SAN), asked the court to order his unconditional release from the custody of DSS on the grounds that he has been admitted to bail by Justice Ijeoma Ojukwu since November 6.
Ruling in the motion ex-parte on Tuesday, Justice Inyang Ekwo said it would be unfair to deliver ruling on the matter without hearing from the other parties.
The judge, who adjourned the hearing on the case until December 23, ordered the applicant to put the respondents on notice.
The judge ordered the Deputy Chief Registrar (Litigation) of the court to bring the case and the next date of hearing to the notice and attention of the 1st & 2nd defendants. He also made an order remitting the file to the Chief Judge of the court for assignment of the case to a vacation judge for hearing on the next adjourned which falls within the court’s vacation period.
It would be recalled that the operatives of the DSS rearrested Sowore shortly after a court proceeding at the Federal High Court in Abuja on December 6, barely 24 hours of releasing him and his co-defendant, Olawale Bakare, from custody.
Following the uproar on the re-arrest, the AGF, on December 13, announced that his office had taken over the prosecution of Sowore, who was charged with the offence of treasonable felony.
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I don’t have powers to order Sowore’s release – Malami
The Minister of Justice, Mr. Abubakar Malami, on Monday, explained that he could not ask the Department of State Service to release Omoyele Sowore from custody.
The minister said he could not take a unilateral decision on the release of Sowore without recourse to the court, where the ‘RevolutionNow’ protests convener and his co-defendant, Olawale Bakare, are being prosecuted on charges of treasonable felony, among others.
This is contained in a statement by his Special Assistant on Media and Public Relations, Dr. Umar Gwandu, who stated that Malami was reacting to “the claim that a lawyer sent a letter to the AGF requesting the release of Mr. Sowore”.
The statement is supposedly a reaction to the letter by Sowore’s lawyer, Mr. Femi Falana (SAN), sent to the AGF on Friday to demand the release of the convener of ‘RevolutionNow’ protests from the custody of the DSS.
Recall that TheNewsGuru, (TNG) published a report on the Falana’s letter dated December 13, 2019, following the Friday’s announcement by the AGF office that it had taken over the prosecution of the Sahara Reporters’ publisher and Bakare from the DSS.
Falana who heads the defence team of the two men informed Malami that Sowore had, since his rearrest on December 6, been kept in the DSS custody without the backing of any detention order of court or arrest warrant.
He stated that his letter became necessary after two lawyers in the team visited the DSS headquarters in Abuja to demand Sowore’s release but were advised to direct their request to Malami.
Malami said in the statement issued by Gwandu, “When parties submit their issues for determination to a court of law, they lack exclusivity of decision over such issues without recourse to the court.”
“We remain guided by the established tradition and will not take unilateral decision without recourse to the rule of law,” he added.
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Falana tackles Malami: ‘Dismiss criminal charges against Sowore, Bakare now…’
Human rights lawyer, Mr. Femi Falana (SAN), on Friday, asked the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), to withdraw pending criminal charges against his clients, Mr. Omoyele Sowore and Olawale Bakare.
Falana said in a statement that there was no evidence to get the ‘RevolutonNow’ protests conveners convicted.
He was reacting to an announcement by the AGF office on Friday that a letter had been sent to the Department of State Services to hands off the case involving Sowore and send the case files to his office.
The operatives of the DSS invaded the Federal High Court in Abuja to rearrest Sowore on December 6.
The rearrest, which led to the disruption of court proceedings presided over by Justice Ijeoma Ojukwu, came less than 24 hours after Sowore and Bakare were released from custody where they had been held for over four months.
Falana said the court invasion by the DSS was what prompted the AGF to take over the prosecution of his clients.
He, however, noted that despite the directive by the AGF for the DSS to hands off the case, the DSS was still bent on fishing for evidence to file fresh charges against his clients.
He stated, “Convinced that the pending case would collapse like a pack of cards, the SSS is currently fishing for evidence to nail Sowore.
“In spite of the directive of the AGF to hands over the case, the SSS subjected Sowore to a four-hour interrogation yesterday (December 12, 2019).
“The entire interrogation pertained to Sowore’s alleged links with the proscribed Boko Haram sect, IPOB, and IMN which he vehemently denied.
“At Sowore’s instance a member of the legal defence team, Mr. Abubakar Marshal, witnessed the marathon interrogation. The plan is to charge Sowore with terrorism as a follow-up to the unsubstantiated allegations of a presidential media aide.
“In the light of the foregoing, we urge the AGF to file a nolle prosequi motion to end the macabre dance which has exposed the country to avoidable embarrassment.”
He insisted that the action the AGF had so far taken on the prosecution of Sowore and his co-defendant was not a takeover “because it was the AGF that filed the case of September 20, 2019, and farmed it out to Dr. Hassan Liman, SAN”.
He added, “But in view of the violent invasion of the court by the armed operatives of the SSS the AGF has decided to sack the external prosecution team and have the case prosecuted by the Department of Public Prosecution.”