The Senate has summoned the Attorney General of the Federation and Minister of Justice, Abubakar Malami and other relevant government agencies to brief it on the details of the Gas contract to the Process and Industrial Development (P&ID) Limited and the $9.6billion penalty awarded against Nigeria.
Details shortly…
The House of Representatives on Wednesday set up a 17-man ad hoc committee to as a matter of urgency, invite the Minister of Justice and Attorney General of the federation, Abubakar Malami and his counterpart in the Ministry of Petroleum Resources, Timpriye Sylva.
They are to give situational report on the matter and explain the lapse in judgement of time and due diligence in the (miss)handling of the case with a view to finding lasting solutions to the avalanche of extant and future cases.
The ad hoc committee is headed by Hon. Sada Soli (APC Katsina).
The lawmakers are also to invite other officials of the ministries, saddled with the responsibility to negotiate the agreement with P&ID and the prosecution of the matter before the tribunal.
This was sequel to the passage of motion of urgent national importance sponsored by a member, Hon. Julius Ihonvbere.
Ihonvbere, while moving the motion noted that the recent judgement debt of $9.6 billion (with daily interest accruing) by a commercial court in the United Kingdom against Nigeria, in a matter between Process and Industrial Development (P&ID) Limited “leaves a very sour taste in the mouth.”
He said for a country with a foreign reserve of only $45 billion and a sovereign debt profile of over $80 billion, the judgment debt is not only punitive but would devastatingly affect the Nigerian economy.
Details shortly…
Socio-Economic Rights and Accountability Project (SERAP) has urged Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice to use his “special role as the Chief Law Officer of Nigeria to advise and persuade President Muhammadu Buhari to fully and effectively enforce the judgment by Justice Chuka Austine Obiozor ordering the immediate release of details of payments to all defaulting and allegedly corrupt electricity contractors and companies since 1999.”
Justice Obiozor, a Professor of Law, sitting at the Federal High Court, Lagos, had in July delivered a judgment in a Freedom of Information suit number FHC/L/CS/105/19, brought by SERAP, ordering the Federal Government to disclose and publish the names of companies and the whereabouts of the contractors paid by successive governments to carry out electricity projects but disappeared with the money without executing any projects.”
In the open letter dated 13 September 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The enforcement of this judgment will be a special moment for the government’s anti-corruption agenda and the sovereignty of rule of law, as it would go a long way in protecting the integrity of our legal system. We urge you to make best efforts to advise and persuade President Buhari and Mr Sale Mamman, Minister of Power to begin to take steps that will ensure the full enforcement of this ground-breaking judgment.”
SERAP said: “Advising and persuading Mr Buhari and Mr Mamman to enforce the judgment against corrupt contractors and companies would show your commitment to the rule of law, and contribute to addressing the culture and legacy of corruption in the power sector. It will show that you are not just Mr Buhari’s lawyer but also a defender of the Nigerian Constitution of 1999 (as amended), the rule of law and public interest within the government, something which Justice Obiozor’s judgment seeks to serve.”
The letter read in part: “It is emphatically the province and constitutional duty of the Attorney General to advise on the enforcement of judicial decisions. It is important to do so here if power sector contractors and companies are not to continue to evade justice for their alleged corruption.”
“Taking action as recommended would be in keeping with Nigerians’ expectations, and entirely consistent with Buhari’s oft-expressed commitment to ‘kill’ corruption–whether by public officials or private contractors—and help to build citizens’ trust and confidence in the ability of this government to take head-on the systemic corruption in the power sector.”
“Our democracy needs courts so that public officials and private actors including contractors can be held accountable for any infraction of Nigerian anti-corruption laws and international commitments. Constitutionalism and the rule of law are not in conflict with democracy; rather, they are essential to it.”
“We hope that the aspects highlighted will help guide your actions in advising and persuading Mr Buhari and Mr Mamman to enforce and implement Justice Obiozor’s judgment. We would be happy to provide further information or to discuss any of these issues in more detail with you.”
“A certified true copy of the judgment is enclosed with this letter for your attention and urgent action.”
It would be called that SERAP had in February filed the FoI suit against the Federal Government and former Minister of Power Mr Babatunde Fashola. The former minister then responded, saying that: “the Ministry has searched for the requested information on details of alleged contractors and companies but we could not find it from our records.”
SERAP said: “During the 20 years of Nigeria’s democracy successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of Naira going down the drain.”
“Ordinary Nigerians have continued to pay the price for corruption in the electricity sector, as the country has remained in darkness despite huge investment in the power sector by successive governments.”
The Attorney-General of the Federation, Abubakar Malami (SAN), on Sunday explained why the Federal Government at a point decided to negotiate with Process and Industrial Developments Limited, despite being aware that the contract for which a United Kingdom court had ordered the firm to seize $9.6bn in Nigerian assets was fraudulent.
Malami who spoke at a press conference in Abuja said the government took the decision because, at the inception of the present administration, there was already an award and the timeline for government to appeal had elapsed.
Malami spoke at a press conference in Abuja.
He said since the previous government of the Peoples Democratic Party did not appeal, the option left for the administration as of the time was to negotiate, despite its reservations about the contract.
He also said the previous administration and the lawyers it hired should be blamed for the court case instituted on the matter in a Nigerian court, which was struck out due to lack of diligent prosecution.
“Even if, indeed, any case was struck out, it was out at a time when lawyers engaged by the previous administration were in charge,” he said.
On ongoing investigation into the matter, which he described as intensive and extensive, Malami said there was no limitation on who can be invited for questioning by the relevant security agencies.
He said those to be probed include those who were involved in drafting and signing of the agreement, conduct, trial and “other personalities of interest.”
The Attorney-General of the Federation, Abubakar Malami (SAN), on Saturday said it was wrong for any sane person to blame him for the United Kingdom court judgment asking Process and Industrial Developments Limited to seize $9.6bn in Nigerian assets.
He said although the contract and the award of the UK court of arbitration preceded his tenure as the AGF, he engaged local and international lawyers to defend Nigeria’s interest immediately the award was brought to his knowledge.
Malami made the clarification while reacting to a statement credited to P&ID that he was responsible for the delay that culminated in the award of $9.6bn penalty.
Apart from enlisting the services of the lawyers, the Minister of Justice also disclosed that as far back as June 2017, he wrote relevant security agencies in Nigeria to investigate the criminal conspiracy and economic sabotage occasioned by the contract.
He said he also engaged in probable out of court settlement negotiations on the matter.
The minister said, “The records are there for any sane persons to see and judge if indeed Malami or indeed the Buhari government can be held responsible for an act that had been completed five years before we came into office.
“The contract in question was a 2010 agreement signed five years before I came into office while the award by the United Kingdom Court of Arbitration was in June 2014, one year before I was appointed Minister of Justice by President Muhammadu Buhari.
“As a responsible and responsive public officer keen on protecting the interest of Nigeria, I took steps to engage local and international lawyers to defend Nigeria’s interest once the stupendous award was brought to my knowledge as the chief law officer of the federation.
“Among the prominent lawyers we engaged to pursue Nigeria’s interest in the UK court were Chief Bola Ayorinde, SAN, and Curtis Mallet-Prevost, Colt & Mosle, who did their best to defend our interest.
“Above all, as far back as June 2017, I wrote a series of letters to relevant security agencies in Nigeria to investigate the criminal conspiracy and economic sabotage occasioned by the GSPA contract.
“In addition, I also took appropriate steps to intimate relevant government institutions of developments as they unfolded regarding this matter and engaged in probable out of court settlement negotiations.
“It is therefore wrong and unfortunate for any sane person to insinuate or imply that AGF Malami is culpable in any way regarding the award of $9.6bn against Nigeria by an English court when it is clear that I had no hand whatsoever in the planning, signing and implementation of the so-called gas supply and processing contract in 2010.”
…as Senate adjourns till Tuesday
The immediate past Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, explained yesterday that the continued incarceration of the leader of the Islamic Movement of Nigeria (IMN), Ibrahim El-Zakzaky, and former National Security Adviser, Col. Sambo Dasuki, is in the interest of national security.
Malami told senators during his screening for a fresh ministerial appointment that although he has a responsibility as Justice Minister to protect individual rights, it was equally his responsibility to protect the corporate interest of the country.
He had been taken to task by the Minority Leader, Senator Enyinnaya Abaribe, to explain to Nigerians why the rights of those granted bail by the court were still being violated by keeping them in custody.
Malami did not mention El-Zakzaky and Dasuki by name.
He declared that those granted bail and yet to be freed were being held in the overall interest of the country.
Malami said: “Abaribe asked his question relying on Section 36, 37 and 38 of the Constitution as they relate to the rights of the individual. I concede that I have had the responsibility to protect the rights of every Nigerian.
“The office of the AGF is made to protect the rights of individuals and the corporate rights of the nation. Section 174 of the Constitution is explicit that where the individual interest conflicts with public interest, public interest prevails.
“I concede that I have had a responsibility as the attorney general of the federation to protect individual rights. But looking at the provisions of section 174 of the constitution of Nigeria, I want to reiterate and state further that the office of the attorney general is meant to protect public interest. And where the individual interest conflicts with public interest, the interest of 180 million Nigerians that are interested in having this country integrated must naturally prevail.”
He said that Asari Dokubo’s case gave credence to his assertion that national interest supersedes individual interest.
Malami also told the Senate that under his watch as AGF and minister Justice, over 63-terrorism-related cases were instituted against suspected terrorists.
He noted that 59 convictions were secured out of the 63 cases within the four years.
“About 59 terrorism convictions out of 63 cases within a space of four years were secured when I was the Minister of Justice. Over 4,400 criminal cases were prosecuted within a space of four years.”
Malami stressed the need for collaboration between the Executive and the Legislature to ensure that bills passed by the National Assembly receive Presidential assent.
The Executive, he said, must be consulted before bills are passed if they are expected to receive the President’s assent.
On why the Petroleum Industry Governance Bill (PIGB) was rejected by President Muhammadu Buhari, he said: “The interest of host communities was compromised. Self-serving portions were brought into the bill. So much power was conferred on an individual instead of an institution.
“If there was an understanding with institutions that had direct bearing with the Bill, it would not have been rejected by the President.”
Malami said: ‘Under me, the following bills were brought: National Financial Intelligence Unit (NFIU) bill, Proceed of Crimes bill, Mutual Assistance and Legal matters bill, Anti-Terrorism bill and others. Nigeria was at a time facing an expulsion threat.
“At the international forum, we have joined open government partnership under a president that told us that we should not only be seen fighting corruption locally but transparent internationally.
“In terms of the fight against terrorism, we have succeeded within the time I was made Attorney General. We worked on 63 terrorism cases and secured 59 convictions. We took effective measures.
“I am happy to report that we have succeeded in helping the government to save N145 billion and $5 billion within a period of three years.
“We increased the recovery account from N19 billion to N279 billion as at November 2018.
“It is my desire to operate within the spirit of constitution of Nigeria that established the need for integration.
Also screened yesterday were Mr.Festus Keyamo (SAN) from Delta State, Alhaji Isa Ali Pantami (Gombe State), Mrs.Paullen Tallen (Plateau State), Mr.Hadi Sirika (Katsina State) , Dr.Osagie Ehinare (Edo State) and Mohammed Maigeri Dengeji (Sokoto State).
Ehanire calls for more funding for PHCs
Dr Osagie Ehanire, the immediate past Minister of State for Health, asked lawmakers providing constituency projects and other individuals to support further development of Primary Health Care (PHC) centres in the country.
He said although primary health care was now receiving funding from government, more logistic support was needed to deliver services to Nigerians.
He listed areas requiring support to include provision of water, solar power and staff quarters for the health centres across the country.
The nominee also called for the channelling of more funds into PHC, noting that there were more challenges in the PHC than in tertiary health.
He decried a situation where estimated N1 billion ended as capital flight on oversee treatments annually.
He also noted that the National Agency for Drugs and Foods Administration (NAFDAC) under the supervision of the ministry had destroyed substantial fake drugs across the country.
He said the ministry had also improved the immunisation of children and polio vaccination in the last four years.
Osagie was however asked to take a bow after attempting some questions.
The nominee from Plateau State, Mrs Pauline Tallen was also asked to take a bow by the senate as did the immediate past Minister of State for Aviation, Hadi Sirika, who is a former senator.
Sirika: Why Enugu airport should be shut
Sirika told reporters at the National Assembly that the Akanu Ibiam International Airport, Enugu should be shut to avoid disaster.
Senator Sirika described the runway of the airport as an eye sore not befitting a modern airport.
He said: “On Enugu Airport, I visited Enugu Airport as minister thrice including the state government and unofficially twice. It has a lot of problems.
“If you ask me, I will close Enugu Airport tomorrow, actually today, because the runway has failed.
“They are maintaining it regularly to ensure safe operations. I am not comfortable because there are also other problems with the runway.
“Its (runway) is short, it needs to be extended. We recognise the efforts by the Federal Government by closing down the market beside the airport.
“Also people have built within the premises of the airport on the safety area of the airport, and that ought not to be on the land belonging to Federal Airport Authority of Nigeria (FAAN). “Whoever is the next minister will contend with that, because this is safety. Enugu Airport will be dear to the next minister.
That is my personal opinion. We are very jealous of that city and the airport.”
On the establishment of a national carrier, he said: “Should President Muhammadu Buhari still think that I go transportation, I will continue with that good job. It is good for the future and fortune of Nigerians. One aeroplane is equal to 300 direct jobs. This is a priority that should be taken.”
The Minister of Justice and Attorney General of the Federation (AGF), Abubakar-Malami (SAN), has distanced himself from claims by the Peoples Democratic Party (PDP) that he was working with Transportation Minister, Rotimi Amaechi, to void the result of the Rivers State governorship election.
Malami’s spokesman, Salihu Isah, described the claim as ridiculous, and warned that the AGF should not be linked with the local politics in Rivers State.
He said: “I am not aware of any such ridiculous plan. There is nothing like that, to my knowledge. We are in a democracy, and there are institutions with powers to void elections if the need arises. That is not part of the responsibilities of the Attorney-General of the Federation.
“So, they should not link him with such ridiculous claims. They should leave the AGF out of the local politics in Rivers State. There are better and more important issues to attract the attention of the minister.”
The Inter Party Advisory Council (IPAC) on Thursday warned the Independent National Electoral Commission (INEC) not to consider postponing elections in Rivers and Zamfara States because of the internal crisis rocking the All Progressives Congress (APC).
IPAC is the umbrella body of all the 91 registered political parties in Nigeria.
It made the call in a statement by its National Publicity Secretary, Imo Ugochinyere, amidst reports that the Attorney-General of the Federation, Abubakar Malami, had asked the electoral body to consider postponing elections in Zamfara State.
Ugochinyere described Malami’s letter to INEC as an invitation to anarchy.
He said all political parties were fully prepared for the election.
He said it would be counter-productive if the commission begins to shift the date of elections due to the internal issues of any political party.
The statement read, “IPAC wishes to also call on the commission to disregard the unconstitutional letter written by the AGF asking for election shift
“The letter is an invitation to electoral anarchy and a foundation for derailing the 2019 election.
“The Electoral Act forbids the shift in election by any litigation-related issues.”
He recalled that during the last governorship election in Ondo State, the Supreme Court gave judgment declaring Mr Eyitayo Jegede as the rightful candidate of the Peoples Democratic Party just a few hours to
election.
He said INEC did not shift the elections as that candidate was not even able to campaign at all.
He added, “If that was the decision then, what would warrant a shift in policy now to favour a party? Justice and fair play should be the rule of the game.
“We stand by the already existing standard as established in the case of Ondo State and state that the standard will put all political parties in check to know that their inability to resolve their issues in line with their constitutions could cost them dearly.”
The Attorney-General and Minister of Justice, Abubakar Malami, has told the police that it lacked enough evidence to link and prosecute Senate President Bukola Saraki and Kwara State Governor Abdulfattah Ahmed to the armed robbery attack that left 31 persons dead in Offa, Kwara State, in April.
The AGF advised in a June 22 letter to the Inspector-General of Police, Ibrahim Idris, that the police would need to ramp up their investigation and also painstakingly explore all critical areas before identifying the Senate President as a suspect in the carnage, much less filing charges against him.
Yusuf Abdulwahab, Mr Ahmed’s chief of staff who was amongst state officials arrested for allegedly conspiring with the prime suspects, was also cleared, with the prosecutor saying “no evidence is credible enough to sustain any charge based on any offence known to law against him.”
The attorney-general’s office said only six prime suspects should be charged to court for armed robbery and murder which could draw capital punishment upon conviction. Olalekan Alabi, a personal assistant to Ahmed, was also recommended for trial, but only on lesser charges of illegal possession of arms.
Recall that Saraki hinted at the existence of the letter on Monday night as part of a fierce response to the IGP’s latest summon to him. The Senate President said the invitation, which he was asked to honour by 8:00 a.m. today, was unnecessary because the Director of Public Prosecutions had already informed the police that there were no sufficient bases to keep dragging him into the armed robbery investigation.
“I am aware that following a request made by the Police on June 13, 2018 to the Director of Public Prosecution (DPP) of the Federation had written a legal advice dated June 22, 2018, in which he stated on page 5, paragraph (f) that “For the Senate President and the Kwara State Governor, this office is unable to establish from the evidence in the interim report a nexus between the alleged office and the suspects,” Saraki said in the Monday night statement.
At least five banks were raided and substantial amount of cash carted away when armed robbers stormed the polytechnic town on April 5. The police initially said 17 people were killed in the attack, including nine police officers, but continued to revise the figure upwards, apparently as some of those receiving treatments for critical wounds were passing on.
The letter obtained by newsmen on Tuesday, which was signed for the AGF by DPP Mohammed Umar confirmed exactly what the Senate President disclosed.
Umar examined the crime and the suspects the police lined up in their first information report submitted to the attorney-general’s office for prosecution, and came up with legal and technical suggestions about how to properly build a case that would not be discarded at a glance when the potential criminal trial gets underway.
“For the Senate President and the Kwara State Governor, this office is unable to establish from the evidence in the interim report a nexus between the alleged offence and the suspects,” the prosecutor said.
The Attorney-General of the Federation (AGF) Mr Abubakar Malami, (SAN) told the Federal High Court Abuja on Monday that the suspension of Sen. Ovie Omo-Agege was unconstitutional, illegal and unlawful.
Malami, who is the 3rd defendant in the ongoing suit brought by Omo-Agege challenging his suspension from the Senate, made his position known through his counsel, Mr Dayo Apata.
Apata, who doubles as the Solicitor-General of the Federation, in his submission, said that the role of the AGF was to defend and protect the constitution, adding that he had to react to any issue that had to do with the constitution.
“According to Section 4(8), 39, 40 of the Constitution and Articles of the African Charter on Human Rights, all the actions of the senate relating to the suspension of the plaintiff (Omo-Agege) are unconstitutional, illegal and unlawful.”
The solicitor-general urged the court to hold that the senate’s actions were unlawful.
Mr Mahmud Magaji (SAN), counsel to the Senate and the Senate President, in his submission, urged the court to dismiss the suit on the grounds that the senator had himself, participated in the suspension of other senators.
“The plaintiff is not an ordinary senator but a lawyer and a member of the Senate Committee on Ethics and Privileges.
“He has participated in several committee meetings leading to the suspension of other senators such as Ndume, so he who lives by the sword, should die by the sword.
“He who has participated in the suspension of his colleagues cannot now run to the court for protection.
“He swore to an oath to be bound by the rules of the senate, including the standing orders,” Magaji said.
Mr Alex Iziyon (SAN), counsel to Omo-Agege in his submission, prayed the court to consider what had been done by the senate as an affront to the dignity of the court.
Iziyon argued that the court had the powers to pull down what has been done by the senate.
He said this was on the grounds that while the matter was still pending in court, the senate went ahead and slammed the 90 legislative days suspension on his client.
Having listened to submissions from all the counsel, the judge, Justice Nnamdi Dimgba, adjourned the matter until May 10 to deliver judgment.
Earlier, the court refused an application by Sen. Samuel Anyanwu and Sen. Bala Ibn Na’allah, Chairman and Vice Chairman, Senate Committee on Ethics, Privileges and other Petitions.
The senators had applied to be joined as parties in the suit but the court refused on the grounds that they were not necessary parties in the suit.
Mr Paul Erokoro (SAN), counsel to both senators, had urged the court to allow them to be joined as parties by virtue of the fact that they were chairman and vice chairman of the committee.
“They are necessary parties in this suit because it is the report their committee produced that the plaintiff seeks to impugned and set aside.
“Moreover, whatever decision the court takes will affect them and members of the committee because their personal conduct is being questioned,” Erokoro said.
Omo-Agege, who represents Delta Central Senatorial District, filed the suit to challenge his suspension from the senate.
He asked the court to among other reliefs, grant an order restraining the defendants, their servants, agents, privies or officers from interfering with his rights and privileges as a senator.