TheNewsGuru

Tag: Malami

  • REVEALED! How cabals hijacked Buhari’s govt, reinstated Maina as pension boss

    Indications have emerged on how appointees of President Muhammadu Buhari often referred to as ‘cabal‘ within the presidency, secretly reinstated a former head of the Presidential Task Force on Pension Reforms, Abdulrasheed Maina, declared wanted by the Economic and Financial Crimes Commission on corruption charges.

    According to TheNewsguru.com findings, those involved in the ‘Maina-reinstatement-saga’ include, the chairman Federal Civil Service Commission, Minister of Interior, Abdulrahman Dambazau and Minister of Justice, Abubakar Malami.

    In two separate letters obtained by TheNewsGuru- letters by the Federal Civil Service Commission [FCSC] addressed to Maina and the Head of Service, Mrs. Winifred Oyo-Ita, Maina was reinstated into the service with effect from February 21, 2013, being the date he was earlier dismissed from service.

    The letters also show that the FCSC approved Maina to sit for the next promotion examination for the post of Director (Administration), Grade Level 17.

    Both letters dated September 18, 2017 were with reference number FC.4029.82/VOL.III/179.

    The two letters were signed by Mustapha L. Sulaiman on behalf of the Chairman of the FCSC.

    The letter addressed to Maina indicated that Malami, in his letter with reference number HAGF/FCSC/2017/VOL.1/3 and dated April 27, 2017 “requested” the FCSC to reinstate Maina on the basis that the warrant issued for Maina’s arrest had been quashed by a court order.

    The letter with the title, ‘Reinstatement into service: Alhaji Abdulrasheed Abdullahi Maina, Deputy Director (Administration), SGL 16; stated, “Kindly refer to the Attorney General of the Federation/Honourable Minister of Justice letter Ref. No. HAGF/FCSC/2017/VOL.1/3 dated April 27, 2017 requesting the Federal Civil Service Commission to give consequential effect to the judgment that voided the warrant of arrest issued against A. A. Maina which formed the basis for the query and his eventual dismissal.

    “Further to the aforementioned letter, the Federal Civil Service Commission at its meeting held on June 14, 2017 deliberated on the Attorney General of the Federation’s letter and requested the Office of the Head of the Civil Service of the Federation vide letter FC.4029/82/VOL.III/160 of June 21, 2017 to advise the Permanent Secretary, Ministry of Interior to consider the AGF’s letter, the officer’s case and make appropriate recommendation to the commission.

    “The OHCSF accordingly advised the Ministry of Interior to consider the matter.

    “The Ministry of Interior at its Senior Staff Committee meeting held on June 22, 2017 considered the disciplinary case against the officer and the letter by the Attorney General of the Federation and Minister of Justice seeking the reinstatement of the officer as a Director (Administration), SGL. 17 in the Federal Civil Service.”

    The letter added that the Senior Staff Committee of the Ministry of Interior recommended Maina’s reinstatement and the approval for him to sit for promotion examination.

    It read in part, “The Ministry of Interior’s Senior Staff Committee deliberated on the case and recommended that Mr. Maina be reinstated into the Service as Deputy Director, SGL. 16. The Office of the Head of the Civil Service of the Federation vide letter Ref. No. HCSF/LU/COR/FCSC/749/III/135 dated August 14, 2017 forwarded the recommendations of the Senior Staff Committee of the Ministry on Interior to the FCSC for further necessary action.

    “The FCSC at its meeting held on Wednesday, August 16, 2017 considered the letter from the Attorney General of the Federation and Minister of Justice and the recommendations of the Senior Staff Committee of the Ministry of Interior on the disciplinary case against Alhaji Abdulrasheed Abdullahi Maina, Deputy Director (Administration), Salary Grade Level 16. The FCSC, thereafter, approved the reinstatement of the officer into the service with effect from February 21, 2013 (being the date he was earlier dismissed from service). The FCSC, also approved for the officer to sit for the next promotion examination to the post of Director (Administration), SGL. 17.

    “I am therefore to convey the approval of the FCSC for the reinstatement into the Service of Alhaji Abdulrasheed Abdullahi Maina, Deputy Director (Administration), SGL 16.”

    The FCSC reproduced the content of letter addressed to Maina in the copy sent to the Head of Service.

    But the FCSC, in its letter addressed to the Head of Service, stated, “You are kindly requested to deliver the attached original letter to the officer, please.”

    TheNewsGuru.com reports that President Muhammadu Buhari had earlier in the day dismissed Maina from the civil service and also queried the HoS over his initial reinstatement.

  • EFCC submits 103 high profile cases to AGF

    EFCC submits 103 high profile cases to AGF

    The Economic and Financial Crimes Commission (EFCC) has made available, the details of the high profile cases it handled to the Office of the Attorney-General of the Federation and Minister of Justice.

    The recent list which was reportedly sent to the AGF’s office, comprised 103 high-profile cases.

    “Those on the list, it was learnt, include top-ranking judicial officers, including a justice of the Supreme Court, a judge of the Federal High Court, and a sacked justice of the Court of Appeal.” Punch reports

    Buhari’s cabinet, and others serving their terms in the Senate.

    Other politically-exposed persons named in the list are some former ministers, senators and some persons being investigated for the $2.1 billion arms purchase scam.

    The report says no names were made public in order not to compromise investigation, but that investigations were said to have been completed in majority of the cases while investigation was stalled in some of them due to “disappearance” of the suspects from Nigeria.

    “Some of the cases are still at intelligence-gathering stage, while some are at investigation stage.

    “There are some that are the stage of charges being drafted while some are already ongoing in court but foot-dragging,” Punch quotes an unnamed EFCC source.

    The Special Assistant to the President on Prosecutions and Chairman of the newly-constituted Recovery of Public Property Panel, Chief Okoi Obono-Obla confirmed that the EFCC had now yielded to the AGF’s request and that the AGF’s office had received the list from the EFCC but, refused to give details.

    Obono-Obla, who works under the AGF, said the ICPC would send its list to the AGF when the new chairman of the commission is inaugurated.

    “They are cooperating. They have sent the details of the cases we requested to us,” the presidential aide said.

    When asked whether the AGF will by its action take over the prosecution of the cases from the EFCC, Obono-Obla said the AGF’s request was in line with constitutional and statutory provisions conferring on the AGF the supervisory authorities over the EFCC and other anti-corruption agencies.

    He said, “The essence of getting the file was not to take up the prosecution. The essence is in line with the law that says the Attorney-General of the Federation is the chief prosecutor of the country.

    “All those agencies are under the Office of Attorney-General of the Federation. So, we have to know what they are doing.

    “We have to see what they are doing, so that if they are not doing the right thing we will advise them accordingly. The office of the AGF is as old as this country; the office of the Director of Public Prosecutions of the Federation is as old as the country.

    “These are some of the oldest institutions in this country. They have a lot of experiences.”

    When asked to give the details of the list received from the EFCC, he said, “I don’t want to go into the details for now. At the appropriate time, we will let you know what we have seen and what we are going to do.”

    When reminded of his earlier claim that both the EFCC and the ICPC were not cooperating with the AGF, Obono-Obla said, “Yes, I said so initially, but they are cooperating now because they now know that the law is very clear and that there is what we call EFCC enforcement regulation which was made by the office of the AGF pursuant to section 43 of the EFCC Act.

    “Also in the constitutional provision, section 150(1) of the Constitution, section 174(1) of the constitution, sections 105 to 106 of the Administration of Criminal Justice Act, it is very clear that the AGF is the chief prosecutor of the Federation and the EFCC is under him.”

    He said there was no pressure from higher authorities before the EFCC submitted the details requested to the AGF’s office.

    The presidential aide said, “The law is clear. I don’t think there had to be any superior intervention. I have mentioned the constitution, the administration of Criminal Justice Act and the EFCC Act.

    “The laws are very clear that they have to comply with the request of the AGF. The AGF can request files from any law enforcement agency in Nigeria and the law enforcement agency is obliged to comply.”

    Denying any face-off between the AGF and the EFCC, he said it probably took the anti-corruption agency so long to respond to the AGF’s request because of the number of cases spanning over a decade that had to be compiled by the agency.

    He said, “Well, they have not refused (to comply), we have the details from them now. Maybe they were taking their time. As I told you before, most of these cases are old cases from 2003 to 2004.

    “So, if you make a request, it will take them time to put all the cases together. But as I told you, there cannot be any question of, they not obeying us. They cannot afford not to obey the Attorney-General of the Federation.”

  • Buhari investigating feud between Magu, Malami – Lai Mohammed

    Buhari investigating feud between Magu, Malami – Lai Mohammed

    The Minister of Information and Culture, Lai Mohammed has said President Muhammadu Buhari is investigating the feud between the Attorney General of the Federation, Abubakar Malami (SAN), and the acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu.

    Mohammed said this during ‘Sunrise Daily’ on Channels Television on Tuesday.

    On the reason for the feud, the minister said, “That is what the investigation will bring out. The President is aware and is investigating it. He is the employer of both of them.”

    When asked if the feud between both anti-corruption officials won’t affect the war against corruption, he said, “The fact that the AGF and the EFCC chairman do not see eye to eye on the methods or the approach does not mean that both of them do not believe in the ultimate which is that corruption must be addressed.

    “If they disagree on approach, then the President will look into the matter and make his pronouncement. He will ask why the AGF is taking such a position and why the EFCC chairman is taking another position.

    “This, to me, is a purely administrative matter and if it is not, Mr President will take appropriate action.”

    Recall the AGF Malami had blamed Magu for Nigeria’s suspension from the Egmont Group, an international anti-corruption body with over 135 member countries.

    He had directed him to send complex cases to the AGF for prosecution.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Judges’ Recall And Malami’s Crocodile Tears – Azu Ishiekwene

    By Azu Ishiekwene,

    The government of President Muhammadu Buhari just boxed itself into a corner and the National Judicial Council (NJC) is very pleased to beat the government with a big stick.

    After last year’s dramatic arrest of nine judges on suspicion of corruption and the sense of relief that Buhari had, at last, taken the fight to the fallen temple of justice (aptly described by Femi Falana as the new supermarket), the government has been caught on the back foot.

    Days after the Nigerian Bar Association (NBA) made the ridiculous call for the judges to be recalled, the NJC recalled them without wasting time. What is left to complete the government’s humiliation is a ceremony for the government to convey its profound apologies to the judges for the inconveniences they may have suffered in the last eight months.

    It’s a sad moment.

    Of course, the Attorney General of the Federation and Minister of Justice Abubakar Malami has dramatised his anger at the NJC’s decision and promised that the government would appeal.

    If he’s pretending to be angry to impress us, he needs to get over himself. It’s the incompetence of his office that has brought this embarrassment on the head of his own government and it’s a pity if he doesn’t understand that.

    When the NBA, the tail that wags the NJC dog, issued a statement at the end of May saying that judges under investigation should resume sitting and that the government should terminate the charges of corruption filed against them, Malami should have known what was coming next.

    He should have known that that was exactly the shot in the arm that the NJC needed to rescue its tribesmen from disgrace. Curiously, he let it slip.

    Then came the second chance to show that the slip up was, well, a mistake. Six days after the NBA’s statement, the NJC issued a statement on Saturday asking the judges to resume on Wednesday – all of this happened within eight working days. Again, Malami let the eight days slip.

    If the AGF and his team of nearly 1,000 lawyers in the Ministry of Justice could not file any charges in eight days (worst case by Monday) to potentially save the country from the spectre and embarrassment of a few judges sashaying from the dock to the Bench, then I think the honourable minister should seriously start thinking of something else to do.

    A faction of the NBA, the NJC and their political wing in the National Assembly have always wanted to cripple the anti-corruption war, discredit it or have it on their own terms. The minister is lending them a hand.

    The NBA is right that eight months is a long time to arrest the judges and yet not file any formal charges against them. But surely these lawyers cannot pretend that a court system that subjects tens of hundreds of other citizens to this same misery should work differently for judges.

    The Comptroller General of the Nigerian Prison Service said in March that out of the 68,000 inmates in the prisons, 46,351 or 68 percent are awaiting trial. Some of them may have been detained for years for giving their dog a bad name, but the NBA does not think it has any business to speak up for them.

    Of course, it begs the question, why the delay, after the dramatic arrests eight months ago?

    One of the reasons why the Lagos State judiciary remains exemplary is that Vice President Yemi Osinbajo, who was then Attorney General and Commissioner for Justice, took personal responsibility for the implementation of the reforms. He was a professional, not a politician.

    He did his homework, copied and adapted the best examples and practices wherever he could find them and personally led the state’s legal team to court when it was necessary. He provided leadership.

    Under Malami, it would seem that leadership means a commando-style raid on the judges and letting foreign travels do the rest. There are credible reports that when the Ministry was preparing the charges against the judges, the Minister was away on a foreign trip to Turkey, while his staff were groping. It may well be that he travelled to save the Republic, but home is where the redemption is most needed

    Malami must get that clear. The anti-corruption war is one of the major pillars of Buhari’s agenda and if the man who should lead the legal charge is distracted, confused or perceived to be incompetent, then the war is lost.

    Of course he cannot do it alone, and no one is suggesting that he should. It is within his powers to ensure that the anti-corruption agencies – the EFCC, the ICPC and the Code of Conduct Bureau – are giving their best; it is his duty to make any changes necessary, where this is not the case.

    It was also to strengthen his hands that the National Prosecution Coordination Committee was launched last year for high profile corruption cases, and that was months after the Itse Sagay-led Presidential Advisory Committee on Corruption was also inaugurated.

    So, instead of pretending to be upset and vowing to close the stable after the horse has bolted, Malami must tell the public why, in spite of the range of assets available to him, he could either not file charges against the judges or did so in a manner that suggests he was pleased to cut off the tail of the snake.

    The NJC does not smell of roses either. How can it say, with a bold face, that judges with such heavy clouds of suspicion hanging over their heads should resume and start judging others?

    How can the Council, against the most elementary requirement of equity, maliciously ignore petitions against its own members and ask them to continue sitting in judgment over others? Is this what the Lord Chief Justice Walter Onnoghen promised at his swearing in when he said he would fight corruption? Have we, milord, entered the phase of two laws, one country?

    Recall is not acquittal, so perhaps Malami has another chance to save himself and his government’s reputation.

    It’s also heartening that the offences for which the judges were arrested are not time barred. If NBA President, Abubakar Mahmoud, wants to lead a delegation of the NBA to apologise to the judges on behalf of its members and enablers, that’s fine.

    But Malami has to show, within the next two weeks, that he is ready, willing and able to bring the judges to justice.

    In the fight against corruption, he has to show the presence of mind and leadership that his office and the country deserve. Else he might as well resign and start his Kebbi governorship campaign immediately.

    Ishiekwene is the MD/Editor-In-Chief of The Interview and board member of the Paris-based Global Editors Network

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     

  • Malami lacks understanding of legislature – Senate

    Malami lacks understanding of legislature – Senate

    The Senate, through its Chairman, Committee on Judiciary, Human Rights and Legal Matters, Senator David Umaru, has reacted to remarks credited to the Attorney General of the Federation, AGF, Abaubakar Malami, SAN, that the President is disappointed that the National Assembly has refused to pass bills.

    Senate said the AGF’s comment was made out of lack of understanding with regards to workings of the legislature.

    According to Umaru, the 8th Senate does not delay bills but takes its time to ensure that it passes bills that would stand the test of time and in line with international best practices.

    Umaru told reporters in Abuja that: “The comment of the AGF is not a fair comment. It is a comment made out of lack of understanding with regards to workings of the legislature.

    “In this 8th Senate, we do not foot-drag on any Bill. We have a rule and process that guides all our legislation. Each Bill that comes up must go through the whole gamut of the process.

    “Take for example the Criminal and Mutual Assistance Bill of 2016. When the President’s letter was read on the floor as an Executive Communication, that constituted the First Reading of the Bill.

    “Then, it went through Second Reading, and after that, it was sent to the Committee on Judiciary, Human Rights and Legal Matters, which I Chair, to handle it jointly with the Committees on Anti-Corruption and Foreign Affairs.

    “For a Bill like this, it is incumbent on us to conduct a public hearing. Hence, we did conduct one, where we took public views from stakeholders that included the Ministry of Justice, Law Reforms Commission, EFCC, and CBN.

    “After we sought the views of experts, we then sat down as a Committee, to review every clause, vis-a-vis, the opinions expressed by stakeholders and experts.

    “This is virtually concluded. We are now working to produce the Report, which will see it being presented to the plenary for consideration,” he said.

    On when the report is expected to be presented, the Senator said: “The report will be presented very soon. Any moment from now,” while noting that every bill goes through the same processes.

    According to him, the 8th Senate has decided that it will not rubber-stamp any Bill that has not gone through the laid down procedure and scrutiny, including taking the opinion of the public.

    “Therefore, I do not expect the AGF to think that when he brings a Bill to the parliament today, tomorrow he gets the law,” Umaru said: “The laws we make here, including this one, are laws for all Nigerians not for the executive or the legislature alone.

    “This is why the people must get what they fully deserve. Our laws must meet international standards. Therefore, international best practices must be observed in law making.

    “Every Anti-Corruption Bill before the National Assembly is being worked on. They are all receiving adequate attention. We are determined to support the executive in this lofty goal of fighting corruption.

    “We will not waver on this. The Senate President is committed — and he has shown the capacity to ensure that all such Bills receive expeditious but thorough processing.”

    On the Whistle Blower Bill, Umaru said: “This Bill has also gone beyond Public Hearing stage. The report is being prepared, so that it can be laid at the Senate plenary.

    “There is also another Anti-Corruption Bill, with the Anti-Corruption Committee, and I am sure that they are working seriously on it. Therefore, there is no basis to conclude that the Senate is stalling the passage of any executive or anti-corruption Bill.”

  • Recovered loot: Malami, Idris risk jail, as SERAP starts committal hearings

    Recovered loot: Malami, Idris risk jail, as SERAP starts committal hearings

    Socio-Economic Rights and Accountability Project, SERAP has commenced committal to prison hearings against the Federal Government, Mr. Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, and Alhaji Ahmed Idris Accountant-General of the Federation “for having neglected to obey the order of the court made on Friday the 26th of February, 2016, requiring them to provide SERAP with up to date information on the spending of recovered stolen funds since the return of democracy in 1999.”

    The information ordered to be released by Justice Muhammed Idris of the Federal High Court Lagos include specific details on the total amount of recovered stolen public assets by governments since 1999; the amount that has been spent from the recovered stolen public assets and the objects of such spending; as well as details and location of specific projects on which recovered stolen public assets were spent.

    The Form 49 “notice to show cause why order of committal should not be made” was filed at the Federal High Court, Lagos last week by SERAP executive director Adetokunbo Mumui “following the service on Mr Malami and Alhaji Idris of Form 48 contempt suit, and the certified true copy of the judgment.”

    Mumuni said, “Despite the service of both form 48 and the certified true copy of the judgment on both the Attorney General of the Federation and the Accountant-General of the Federation they have failed and/or neglected to acknowledge the judgment let alone obey it.”

    “It has become painfully clear since the judgment was delivered that this government has no plan to enforce it. It’s dismaying that a government, which builds its reputation on combating grand corruption has not embraced the enormous opportunities the judgment provides to open the book on what exactly happened to recovered loot.”

    “It’s absolutely unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if the government ignores and/or fails to abide by Court orders,” Mumuni said.

    The 69-page judgment in suit no: FHC/IKJ/CS/248/2011 signed by Honourable Justice Mohammed Idris reads in part: “Transparency in the decision-making process and access to information upon which decisions have been made can enhance accountability.”

    “Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the Constitution is a desideratum to good governance and respect for the rule of law. In a constitutional democracy like ours, this is meant to be the norm.”

    “In respect of the SERAP reliefs on recovered stolen funds since return of democracy in 1999, the government had kept mute. Let me say that they have no such power under the law.”

    “There is public interest in public authorities and high-profile individuals being accountable for the quality of their decision making. Ensuring that decisions have been made on the basis of quality legal advice is part of accountability.”

    “I am of the view and do hold that the action should and does succeed in whole. Documents relating to the receipt or expenditure on recovered stolen funds since return of democracy in 1999 constitute part of the information which a public institution and authority is obligated to publish, disseminate and make available to members of the public. The government has no legally justifiable reason for refusing to provide SERAP with the information requested, and therefore, this Court ought to compel the government to comply with the Freedom of Information Act, as the government is not above the law.”

    “Judgment is hereby entered judgment in favour of SERAP against the Federal Government as follows:

    1. A DECLARATIONis hereby made that the failure and/or refusal of the Respondents to individually and/or collectively disclose detailed information about the spending of recovered stolen public funds since the return of civil rule in 1999, and to publish widely such information, including on a dedicated website, amounts to a breach of the fundamental principles of transparency and accountability and violates Articles 9, 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act
    1. A DECLARATIONis hereby made that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the 1st Defendant/Respondent is under a binding legal obligation to provide the Plaintiff/Applicant with up to date information on the spending of recovered stolen funds, including:

    (a) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

    (b) The amount that has been spent from the recovered stolen public assets and the objects of such spending

    (c) Details of projects on which recovered stolen public assets were spent

    1. AN ORDER OF MANDAMUS is made directing and or compelling the Defendants/Respondents to provide the Plaintiff/Applicant with up to date information on recovered stolen funds since the return of civilian rule in 1999, including:

    (a) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

    (b) The amount that has been spent from the recovered stolen public assets and the objects of such spending

    (c) Details of projects on which recovered stolen public assets were spent

    It would be recalled that SERAP had on 28 March 2016 sent a copy of the certified true copy of the judgment to Mr Malami and Alhaji Idris urging them to use their “good offices and leadership to ensure and facilitate full, effective and timely enforcement and implementation of the judgment.”

    SERAP letter reads in part “Given the relative newness of the Buhari government, the effective enforcement and implementation of the judgment will invariably involve setting up a mechanism by the government to invite the leadership and high-ranking officials of the governments of former President Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and former President Goodluck Jonathan to explain, clarify and provide evidence on the amounts of stolen funds recovered by their respective governments (from abroad and within Nigeria), and the projects (including their locations) on which the funds were spent.”

    “SERAP therefore believes that the swift enforcement and implementation of this landmark judgment by the government of President Muhammadu Buhari will be litmus test for the President’s oft-repeated commitments to transparency, accountability and the fight against corruption, and for the effectiveness of the Freedom of Information Act in general.”

    The organisation said that, “The enforcement and implementation of the judgment should not be delayed as to do this is to continue to frustrate the victims of corruption in the country since the return of democracy in 1999, and will threaten to undermine the authority of our judicial system.”