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Tag: Malami

  • Nigeria’s constitution empowers IGP, Adamu to remain in office till 2024 – Buhari, Malami

    Nigeria’s constitution empowers IGP, Adamu to remain in office till 2024 – Buhari, Malami

    President Muhammadu Buhari and the Attorney-General of the Federation(AGF) and Minister of Justice, Abubakar Malami have posited the President was empowered by the Constitution to retain Mohammed Adamu as the Inspector General of Police (IGP) as long as it suits him.

    They equally argued that the President is allowed by the Constitution to extend the IGP’s tenure as he wishes.

    Their position is contained in the joint response they filed to a suit instituted by a lawyer, Maxwell Opara, challenging, among others, the President’s decision to extend Adamu’s stay as the IGP for another three months from February 1, 2021 when he ordinarily out to retire.

    The President and the AGF, in a counter affidavit, argued that the Constitution conferred the President with executive power to “appoint serving police officer as the Inspector-General of Police in consultation with Police Council.”

    They noted that neither the Nigeria Police Council (NPC) nor the Police Service Commission (PSC) has “disclosed any contrary fact that the second defendant (IGP Adamu) is not a serving police officer.”

    In the joint response, the President and the AGF, who are listed as the first and third defendants in the suit, adopted a similar argument earlier made in details in response to the case by the lawyer to the IGP, Alex Izinyon (SAN).

    In the written submission filed for them by a lawyer in the AGF’s office, Maimuna Shiru, the President and the AGF agreed to rely on the argument by the IGP’s lawyer in answering the plaintiff’s question as to whether the President is empowered to extend the tenure of the IGP.

    They said: “My Lord on the above issue, it is our position that we will be relying and aligning with the argument canvassed by the 2nd defendant’s (IGP’s) counsel as their issue two in paragraphs 1.18 to 1.49 of their written address and we shall be adopting same as ours and urge this honourable court to uphold our argument and dismiss the plaintiff’s case as same is frivolous.”

    They further argued that failed to discharge the legal burden of proof that Adamu is not a serving police officer for the purposes of extension of his tenure in office.

    They added: “The question if the 2nd defendant is still a serving police officer is a question of fact. It is a fact that the Nigeria Police Act 2020 is a subsidiary legislation passed by the National Assembly.

    “It is a fact that the appointment of an Inspector-General of Police is, by the Constitution, conferred on the President of the Federal Republic of Nigeria.”

    The IGP’s lawyer had, in his argument, which the President and the AGF adopted, argued that the tenure of the IGP is not governed by the general provisions applicable to the rest of the police force.

    He noted that by virtue of the relevant laws, the office of the IGP is “quasi-political” and “is conferred with a special status” and “distinct from other officers of the Nigeria Police Force.”

    Izinyon argued that Section 18(8) of the Nigeria Police Act, 2020, as it relates to the provision that “every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier,” is inapplicable to the office of the Inspector General of Police.

    He contended that the IGP, upon appointment, “is only accountable to the President of the Federal Republic of Nigeria and the Nigeria Police Council, and this fact makes his office a quasi-political office with a tenure of four (4) years pursuant to Section 7(6) of the Nigeria Police Act, 2020.”

    The lawyer added that by the combined effect of Sections 215 and 216 of the Nigerian Constitution and Section 7 of the Nigeria Police Act, 2020, his client “can validly function as the Inspector General of Police after midnight of February 1, 2021 in so far as he was a serving member of the Nigeria Police Force during the period of his appointment.”

    He said the four years tenure provided for the IGP in Section 7(6) of the Nigeria Police Act, 2020, as it applies to his client, would end either in 2023 or 2024.

    “Therefore, if the second defendant’s tenure in office is calculated from January 15, 2019 when he was appointed into the office of the Inspector General of Police, his tenure lapses in 2023.
    “However, if his tenure in office is calculated from 2020 when the Nigeria Police Act, 2020 came into force. his tenure in office ends in 2024,” Izinyon said.

    At the mention of the case on Tuesday, plaintiff’s lawyer, Ezekiel Ugochukwu informed the court that the case was fixed for hearing.
    Justice Ahmed Mohammed however, said the case could not proceed to hearing because NPC was not yet properly served.
    Justice Mohammed faulted plaintiff’s lawyer’s argument that the NPC was served through the President’s office, the president being the head of the NPC.

    The judge said such service on the NPC through the President’s office could not be considered a proper service.

    He also noted that the plaintiff has indicated its intention to file a further reply to the joint response by the President and AGF.
    Justice Mohammed adjourned till March 30 for hearing.

    It is the plaintiff’s contention that by virtue of Section 215 of the Constitution and Section 7 of the Nigeria Police Act, 2020, IGP Adamu could not validly continue to function as the IGP having retired as a police officer from midnight of February 1, 2021.

    He wants the court to, among others, order Adamu to cease to function as the IGP.

    Opara equally wants the court to declare that the failure of the President and the NPC to name a new IGP on February 1, when Adamu allegedly completed his tenure, amounted to abdication of duty.

    He is praying the court to compel the President and the NPC to immediately appoint a new IGP.

  • Maina’s Trial: Court fixes date for AGF, Femi Falana, others to testify

    Maina’s Trial: Court fixes date for AGF, Femi Falana, others to testify

    A Federal High Court in Abuja has fixed March 17 and 18 for a Senior Advocate of Nigeria (SAN), Femi Falana; the Attorney-General of the Federation (AGF), Abubakar Malami, and nine others to appear before the court.

    The trial judge, Justice Okon Abang, fixed the dates on Thursday for the persons to testify in the trial of Abdulrasheed Maina, a former chairman of the defunct Pension Reform Task Team (PRTT).

    Justice Abang had issued a subpoena on Maina’s request, compelling the AGF, Falana, and the former acting chairman of the Economic Financial Crimes Commission (EFCC), Ibrahim Magu, and the eight others to come before the court on March 9, 10, and 11 to give their testimonies.

    At the resumed trial, Falana informed the court that although he has not been served with the subpoena, he heard about it and decided to come before the court out of respect.

    He said the subpoena would provide an opportunity for him to put an end to the needless controversy surrounding a property he never bought.

    During the proceedings, the defendant called his second witness, Charles Emoakemeh, who is a retired prison officer.

    Emoakemeh told the court that Maina was appointed as the Director of the Pension Office and recovered about N10 billion for the Federal Government after removing ghost pensioners.

    He also noted that as the Head of the PRTT, Maina did not have control over the disbursement of monies unless approval was sought from the then Head of Service.

    On March 4, Maina’s first witness, Ngozika Ihuoma, had told the court about monies and properties recovered by the former PRTT boss and how Magu to whom the properties were remitted, had allegedly sold some of the properties to friends and associate, including Falana.

  • As outrage escalates, Malami insists, states why Delta State will not receive forfeited Ibori funds from UK

    As outrage escalates, Malami insists, states why Delta State will not receive forfeited Ibori funds from UK

    As outrage continues to escalate over the announcement by the federal government that the monies confiscated from former Delta state Governor, James Ibori, being returned by the British government will be used for federal projects not related to Delta state, Attorney-General of the Federation, Abubakar Malami, has explained why the loot recovered from former Delta State Governor, James Ibori will be used for federal projects.

    Malami had, earlier on Tuesday with the British High Commissioner to Nigeria, Catriona Laing, announced the return of £4.2 million recovered from Ibori and his friends.

    The funds, set to arrive in the country within two weeks, are expected to be used for the construction of the second Niger Bridge, Abuja-Kano road, and Lagos-Ibadan Express road and not returned to the Delta State Government where it was pilfered from.

    “The major consideration relating to who is entitled to a fraction or perhaps the money in its entirety is a function of law and international diplomacy,” Malami said on a monitored Channels Television programme.

    He argued that the law that was alleged to have been breached by Ibori was a federal law and that the parties of interests involved in the repatriation of the funds were national and not sub-national governments.

    “All the processes associated with the recovery were consummated by the federal government and the federal government is, indeed, the victim of crime and not sub-national,” he said.

    When pressed on whether the British government had insisted that the money be spent on certain projects, Mr. Malami said it was not “a matter of insistence but a matter of negotiation between two sovereign states.”

    TheNewsGuru.com, TNG reports that the former Delta governor was convicted by a UK court in 2012 after pleading guilty to 10 charges of fraud and money laundering.

    But the negotiations for the repatriation of his looted assets lasted for over seven years, due to what the minister described as “judicial processes” which requires all appeals to be exhausted before final forfeiture is granted.

    “This hampered the speedy recovery of the looted assets,” he said.

    Malami, who also doubles as the Minister of Justice, said the government is pursuing the recovery of other looted assets, including more Ibori assets amounting to over £100 million.

    Another component of the assets looted by a former military dictator, Sani Abacha, is also being pursued. The Abacha component is worth over $100 million.

  • AGF Malami distances self from Tinubu’s probe

    AGF Malami distances self from Tinubu’s probe

    The Attorney-General of the Federation, Abubakar Malami (SAN), has distanced his office from the probe of All Progressives Congress chieftain, Bola Tinubu.

    Malami said this during an interview with Channels Television’s ‘Politics Today’ programme on Tuesday.

    The AGF, however, said he could not say if the Economic and Financial Crimes Commission or the Code of Conduct Bureau were investigating Tinubu since the two agencies had statutory powers to commence probes and prosecute people.

    Responding to a question, he said, “The Office of the AGF, as you rightly know, has not taken any decision, has not filed or institute any action before any court in the land relating to Bola Ahmed Tinubu. But then, within the context of the law as you rightly know, the EFCC and the Code of Conduct are all statutory bodies vested with statutory powers to act within the context of the law establishing them. So, I am not in a position to give you a precise answer.

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    “The Office of the AGF and its arm, which is the Director of Public Prosecutions, has not initiated any proceedings and no investigation has been instituted at its instance by any agency of government be it EFCC or the Code of Conduct Bureau.”

    The EFCC had in November 2020 written a letter to the CCB requesting copies of Tinubu’s asset declaration form.

  • Court summons Malami, Magu, Emefiele, others to testify in Maina’s trial

    Court summons Malami, Magu, Emefiele, others to testify in Maina’s trial

    The Federal High Court, Abuja, has issued a subpoena compelling Abubakar Malami, the Attorney-General of the Federation (AGF) and Ibrahim Magu, former acting Chairman, EFCC .

    They are to testify in the ongoing case against Abdulrasheed Maina,Chairman, defunct Pension Reform Task Team (PRTT).

    The subpoena, signed on March 8 by the presiding judge, Okon Abang, also commanded the Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, and others to appeared before the court on March 9, March 10 and March 11 to give their testimony.

    Others who were also subpoenaed included Femi Falana, SAN; M. Mustapha of Zenith Bank Abuja; Hassan Salihu of ICPC; G.T. Idriss also from ICPC; Mohammed Wakil, retired Commissioner of Police and Chief Kenneth Amabem.

    Others are Mr Kennedy Uzoka, Group Managing Director of United Bank for Africa (UBA); and Mrs Nneka Onyeali-Ikpe, Managing Director, Fidelity Bank; Mr Ibrahim Kaigama of NIPSS Jos and the director of compliance with CBN.

    The document addressed to Malami and Magu reads: “You are commanded in the name of the President and Commander in Chief of the Armed Forces of the Federal Pepublic of Nigeria to attend before this court at court 6, on 9th, 10th, 11th day of March 2021 at 9 o’clock in the forenoon, and so from day to day till the above case is tied, to give evidence on behalf of the 1st defendant.”

    Maina is standing trial for allegedly laundering money to the tune of N2 billion.

    The first defence witness in the case, Ngozika Ihuoma, had, while giving his evidence-in-chief, alleged that EFCC under Magu misappropriated 222 property worth N1.63 trillion recovered by the Maina-led PRTT.

    He alleged that Magu had sold most of the property to his friends and associates.

    Ihuoma had also told the court that AGF and the National Security Adviser (NSA) met with Maina in Dubai, United Arab Emirate (UAE) in January 2016,

    “After the meeting in Dubai, Maina gave the delegation intelligence report that led to the recovery of N1.3 trillion out of the N3 trillion promised to recover,” the witness said.

  • New EFCC chairman, Bawa is from Kebbi, same state with Attorney-General Malami

    New EFCC chairman, Bawa is from Kebbi, same state with Attorney-General Malami

    Abdulrasheed Bawa, the 40 year-old nominated by President Muhammadu Buhari as substantive chairman of the Economic and Financial Crimes Commission is the head of Lagos office of the agency.

    Bawa, is from Kebbi state, like the Attorney-general Abubakar Malami, who supervises the agency and has always wanted firm control.

    Until his appointment, Bawa was deputy chief detective superintendent, a level 13 officer in the agency.

    His position in terms of salary grading is equivalent to that of assistant commissioner of police, the minimum requirement for the office.

    According to the EFCC act, a chairman ”must be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent; possess not less than 15 years experience.

    It was not clear why President Buhari failed to recommend the acting chairman Mohammed Umar Abba, who has been acting since the other acting chairman, Ibrahim Magu was removed in July last year.

    Abba is from Kano.

    It was learnt that Abba has done nothing wrong to be denied confirmation.In a surprise move, President Muhammadu Buhari today asked the Senate to confirm Mr Abdulrasheed Bawa as substantive Chairman of the Economic and Financial Crimes Commission (EFCC)

    In a letter to President of the Senate, Ahmad Ibrahim Lawan, the President said he was acting in accordance with Paragraph 2(3) of Part1, CAP E1 of EFCC Act 2004.

    Bawa, 40, is a trained EFCC investigator with vast experience in the investigation and prosecution of Advance Fee Fraud cases, official corruption, bank fraud, money laundering, and other economic crimes.

    He has undergone several specialized trainings in different parts of the world, and was one of the pioneer EFCC Cadet Officers in 2005.

    Bawa holds a B.Sc degree in Economics, and Masters in International Affairs and Diplomacy

  • No nation in the world will tolerate excesses of #EndSARS protesters as Buhari did – Malami

    No nation in the world will tolerate excesses of #EndSARS protesters as Buhari did – Malami

    The Attorney General of the Federation, Abubakar Malami on Thursday said no leader in the world would have tolerated the ‘excesses’ of #EndSARS protesters the way President Muhammadu Buhari did in October 2020.

    According to the AGF, that, among other actions of the president is proof of his leniency, despite what he termed as “human rights violations” in the country.

    Mr Malami said this on Wednesday while addressing a number of issues from the government’s reaction to the #EndSARS protests, to the appointment of new service chiefs, the extension of the appointment of the Inspector-General of Police, among others.

    “As far as Human Rights records of the government of President Muhammadu Buhari is concerned, the fact speaks for itself, the commendation by the international body which is the Committee for the Protection of Journalists, local compliance with the recommendations of the National Human Rights Commission, which has been unprecedented, tolerance and indeed, accommodation for the excesses of the #EndSARS protesters were all facts that go to establish a point that the government of President Buhari has shown greater accommodation of the human rights violation and the tolerance to the human rights record as far as the Nigerian State is concerned,” the AGF said on a monitored Channels Television programme on Thursday.

    According to him, “no nation in the world could have tolerated the idea of destruction to its security institutions”.

    “I think over 20 police stations or more — I’m not certain about the number, they can be more — were destroyed during #EndSARS protests and government has a responsibility to ensure the protection of lives and freedom of movement.

    “We are confronted with a situation whereby #EndSARS protesters blocked roads, caused mayhem, caused deaths, caused destruction, and they were significantly tolerated to a certain extent,” he added.

    Meanwhile, the AGF also reacted to the court order on the Central Bank of Nigeria to unfreeze bank accounts of #EndSARS promoters.

    He explained that the law provides the Federal Government with other options which include the right to challenge or exercise further considerations on the matter if the need arises.

    A Federal High Court in Abuja had earlier today, ordered the CBN to unfreeze the bank accounts of 20 #EndSARS promoters.

    Justice Ahmed Mohammed gave the ruling following the agreement reached by parties in the suit to amicably resolve the matter.

  • Buhari’s extension of IGP’s stay in office is within law – Malami

    Buhari’s extension of IGP’s stay in office is within law – Malami

    The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), yesterday said President Muhammadu Buhari acted in accordance with the law in extending the tenure of the Inspector-General of Police, Mohammed Adamu.

    Speaking on Channels TV’s Politics Today on Wednesday, Malami said the president acted within the timeframe stipulated by the constitution and exercised his powers to appoint persons into offices subject to confirmation by the Senate.

    The decision of the president to extend by three months, the tenure of the IGP had stirred controversy as many lawyers alleged a breach of Sections 215 and 216 of the 1999 Constitution and Section 7 of the Nigerian Police Act 2020, and over alleged breach of the country’s constitution.

    Adamu, who enlisted into the police on February 4, 1986, was due for retirement on February 4, 2021, having spent 35 years in service as stipulated by law.

    But Malami said the argument of the lawyers were not based on facts available to the president.

    “What I am saying in essence is that within the context of official records, within the context of the action taken by Mr President in terms of extension of tenure, the necessary compliance of with the law has been consummated, and the president was and indeed acted within the context of the law,” he said.

    On the Transparency International’s Corruption Perception Index of 2020, which ranked Nigeria low as 149 out of 180 countries, Malami faulted the ranking as misplaced because it did not take into account, the various recoveries and convictions by the administration.

    He said the president was still studying the report of the Judicial Inquiry into the activities of suspended acting chairman of the EFCC, Ibrahim Magu.

  • NDDC: AGF Malami reacts to allegations of receiving bribe from Akpabio

    NDDC: AGF Malami reacts to allegations of receiving bribe from Akpabio

    The Attorney General of the Federation and Minister of Justice, Abubakar Malami, (SAN) has denied the allegation that he collected gratification from the Minister of Niger Delta Affairs, Godswill Akpabio in respect of the appointment of a Sole Administrator for the NDDC.

    Malami made the denial in a statement issued by Dr Umar Gwandu, his Special Assistant on Media and Public Relations, in Abuja, on Friday.

    He said that his attention had been drawn to a fictitious and malicious publication, by alleged mischief makers, describing the report as ”fake and marred by contradictions, saying that it was a figment of the imagination of the writer, sheer fabrications and filthy assumptions of mischief makers and detractors”.

    “Any discerning mind who read the story will not fail to note the desperate attempt to cast aspersions on the Attorney General of the Federation and dent his hard earned reputation, with unsubstantiated allegations spread by perfidious elements.

    “The Minister, hereby, makes an outright denial of the report in its entirety.

    “The Minister has not collected and does not intend at any time to receive any gratification from any dealing in discharging any function he is constitutionally empowered to perform”, the statement said.

    Malami, who stated that gratification was a criminal offence, therefore, called on Nigerians to disregard the publication.

    “Let individuals who have any information regarding those who facilitated, accepted, delivered or took part in one way or another in the alleged offer and purported acceptance of gratification for me or my office, come out publicly with the information with a view to exposing them and taking further necessary action’’.

    He asked the purveyors of the fictitious publication to approach relevant security and law enforcement agencies, and proffer information that could lead to a criminal investigation against him, if they felt strongly enough about their purported claim.

  • Insecurity: Why Buhari won’t honour lawmakers’ summon tomorrow – Malami

    Insecurity: Why Buhari won’t honour lawmakers’ summon tomorrow – Malami

    …Insists president winning war against terror

    Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami has faulted the request by the National Assembly that President Muhammadu Buhari briefs it on the growing security challenge in the country and Federal Government’s efforts at containing it.

    TheNewsGuru.com, TNG reports that the Femi Gbajabiamila led House of Representatives had last week summoned the president over the incessant killings and attacks by Boko Haram terrorists particularly in Borno State.

    Malami, who argued that Buhari has recorded tremendous success, said that the President cannot be compelled to reveal the nation’s security strategies or comment publicly on the operations of the nation’s armed forces.

    He contended that the legislators acted outside their constitutional powers when they purported to summon the President to speak publicly on issues bordering on national security and operations of the armed forces.

    The AGF’s spokesman, Dr. Umar Gwandu, quoted him, in a statement on Wednesday as saying: “Mr. President has enjoyed Constitutional privileges attached to the office of the President including exclusivity and confidentiality investiture in security operational matters, which remains sacrosanct.

    “The National Assembly has no Constitutional Power to envisage or contemplate a situation where the President would be summoned by the National Assembly on the operational use of the Armed Forces.

    “The right of the President to engage the National Assembly and appear before it is inherently discretionary in the President and not at the behest of the National Assembly.

    “The management and control of the security sector is exclusively vested in the President by Section 218 (1) of the Constitution as the Commander in Chief of the Armed Forces including the power to determine the operational use of the Armed Forces.

    “An invitation that seeks to put the operational use of the armed forces to a public interrogation is indeed taking the constitutional rights of law-making beyond bounds.

    “As the Commander in Chief, the President has exclusivity on security and has confidentiality over security. These powers and rights he does not share.

    “So, by summoning the President on national security operational matters, the House of Representative operated outside constitutional bounds.

    “President’s exclusivity of constitutional confidentiality investiture within the context of the constitution remains sacrosanct.

    “President Muhamamdu Buhari of the Federal Republic of Nigeria has recorded tremendous success in containing the hitherto incessant bombing, colossal killings, wanton destruction of lives and property that bedeviled the country before attaining the helm of affairs of the country in 2015.

    “The confidentiality of strategies employed by the President as the Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria is not open for public exposure in view of security implications in probable undermining of the war against terror.

    “The fact that President Muhammadu Buhari was instrumental to the reclaiming of over 14 Local Governments previously controlled by the Boko Haram in North-East is an open secret; the strategies for such achievement are not open for public expose.”

    Malami, who condoled with the bereaved and sympathized with the victims of the associated insecurity in the country, contended that national security is not about publicity and the nation’s security architecture cannot be exposed for the sake of getting publicity.