Tag: Malami

  • NHRC replies Malami: You have sufficient evidences to prosecute indicted SARS officers

    NHRC replies Malami: You have sufficient evidences to prosecute indicted SARS officers

    The National Human Rights Commission (NHRC) claimed yesterday it had provided the Attorney General (AGF) and Justice Minister Abubakar Malami all relevant materials needed to prosecute 33 ex-operatives of the now scrapped Special Anti-Robbery Squad (SARS) indicted for impunity and rights abuses.

    Executive Secretary of the NHRC, Tony Ojukwu, made the claim in reaction to a report that the office of the AGF had no sufficient evidence to prosecute the affected operatives.

    The 33 ex-SARS operatives were indicted in a report recently submitted by a Presidential Investigation Panel constituted by the NHRC.

    Ojukwu said the two issues raised by the AGF as impediments to prosecuting the indicted operatives were that he had not received the original case files and that some of the police officers must first be dismissed by the Police Service Commission (PSC) before they could be prosecuted, “which is procedural.”

    He added: “We have worked on those conditions. We have sent all the original cases files, not only to him (the AGF), but to all the states, because the law says it is either the Attorney General of the Federation or the Attorney General of the states.

    “There are about 13 states involved, and I can assure you that we have dispersed all the original case files to all the 13 states. Secondly, we have submitted the list of these officers, with other necessary documents to both the Police Service Commission and the Inspector General of Police.

    “So, they need to do the needful. Moving forward, I expect that, once these internal procedures are tidied up, they should be able to do what they are supposed to do. This is because, as at today, we have sorted out these two obstacles identified by the AGF.”

    Ojukwu, who frowned at the excesses of security agents in their relations with the people, and their reluctance to subject themselves to the law, insisted that members of the various security agencies must learn to comply with their rules of engagement.

    He noted that one of the major challenges of democracy and human rights protection in the country is that most people still manifest military mentality, while security agents feel they could operate unchallenged.

    “The law enforcement agents still keep feeling that nobody should challenge them,” Ojukwu noted, adding that it was time they realise that, in a democracy, despite the importance of their duty of keeping the society safe, they must operate within the confines of existing laws and the rules of engagement which they made for themselves.

    Ojukwu, who sought more funding for his commission to enable it to effectively deliver on its mandates, noted that the debate over whether or not the government should regulate the use of social media was unnecessary. He noted that the issues of freedom of expression and access to social media are constitutional matters.

    On the argument that there are sufficient laws to punish social media abuses, Ojukwu argued that it was within the right of the government, in a democracy, to seek to push through some policies, while the people also reserve the right to push counter arguments.

    “We are expecting that there would be a public hearing on any Bill to regulate social media. Certainly we would be there to defend the right of Nigerians to free press as enshrined in the Constitution. There have been attempts before and public hearings were conducted.

    “What we encourage is responsible media engagement. We do not encourage irresponsible use of social media. And, there are mechanisms to hold anybody who is irresponsible on social media accountable.

    “What we do not support is a situation where people are irresponsible on social media and still, they do not want to be held accountable. Your right stops where my own begins. So, if you decide to use social media to overstep my own right, then I have a right to call you to account.

    “It is the same thing for the government too. If any person oversteps his bound through social media, the government has the right to call that person to account. We encourage people to exercise their right, whether to social media or to the conventional media. But that right has to be exercised responsibly. And if any person crosses the line, I think that person should be held accountable,” Ojukwu said

  • Malami gives committee 6 months to dispose of forfeited assets to FG

    Malami gives committee 6 months to dispose of forfeited assets to FG

    The Minister of Justice, Abubakar Malami, SAN, on Monday inaugurated an inter-ministerial committee on the disposal of forfeited assets to the Federal Government.

    Malami said the composition of the inter-ministerial committee was approved by President Muhammadu Buhari on Oct. 27.

    The 22-member committee according to the minister has six months within which to dispose of all forfeited assets, to generate revenue for the Federal Government.

    The committee members, he said, which are drawn from relevant agencies involved in various recoveries of looted assets of the federal government is chaired by the Solicitor-General of the Federation (SGF) and Permanent Secretary of the Federal Ministry of Justice, Mr Dayo Apata, SAN.

    Malami said the his office in 2019 issued the Asset Tracing, Recovery and Management Regulations following the directive of President Muhammadu Buhari in 2018.

    “The regulations provided legal and administrative frameworks for the investigation, tracing, seizure and disposal of stolen or illegally acquired assets and proceeds of crime.

    ” It was aimed at ensuring proper coordination of the disposal of the federal government assets and for promoting a uniformed, harmonized and transparent procedure to safeguard the assets recovered by the relevant agencies in line with the anti-corruption drive of the current administration.

    “It is my pleasure to inaugurate this committee today which has a time frame of six months for the disposal of all Federal Government Forfeited Assets”, he said.

    According to the minister, ‘the responsibilities of the Inter-Ministerial Committee include: implementation of provisions of the ATRM Regulations, ensure the transparency of the disposal of Federal Government Final Forfeited Assets.

    ” Ensure the synergy and collaboration between the Attorney General of the Federation and Minister of Justice and Law Enforcement and Anti-corruption Agencies, other relevant Ministries, Departments and Agencies and the Non-Governmental Organization in the collation of records of all assets.

    “Ensure that information flow on assets are in place.

    Other tasks of the committee are responding to any ongoing Asset Management Audit and the asset performance reports.

    “Consistently implement enablers and controls that support decision making and efficiency of service delivery which govern the disposal of assets; and development of targets for the committee in order to measure its performance.

    Malami, however, stated that the Asset Tracing, Recovery and Management Regulations, 2019, the Standard Operating Procedures and Terms of Reference shall be the working tools and serve as guidelines for the Inter-Ministerial Committee and how best to actualize the quick disposal of the FGN assets in line with Mr President’s directive.

    “Your mandate is to ensure that the expedient disposal of all FGN Forfeited Assets and generate revenue for the Federal Government of Nigeria.

    Accordingly, I wish to solicit the cooperation of all members of this Inter-Ministerial Committee in that respect.

    “I wish to implore the Inter-Ministerial Committee to work as a formidable Team with the relevant agencies in accordance with extant laws and regulations.

    It is also my hope that the proceeds from this exercise will be a source of additional revenue for the country.

    “I must, however, warn that the task before the Inter-Ministerial Committee is an enormous one and must be conducted with utmost dignity having the interest of Nigeria at heart. Thus, much is expected from the Committee”, he noted.

    Apata, the Chairman of the committee assured of due diligence in the discharge of the committee’s duties, adding that the committee will be guided by the principle of transparency and accountability.

  • I will ensure justice for all Nigerians – AGF Malami

    Mr. Abubakar Malami, the Attorney-General of the Federation and Minister of Justice, said the Ministry of Justice is poised to ensure justice for all Nigerians.

    Malami spoke when the Managing Director of News Agency of Nigeria, Mr. Buki Ponle, paid him a courtesy visit on Wednesday in Abuja.

    Malami said that the Ministry was committed to working in line with the mantra of the President Muhammadu Buhari-led administration, to ensure justice for all Nigerians.

    In his remarks, Ponle commended the minister for the giant strides the ministry had recorded with regards to reforms in the justice sector.

    READ ALSO Allegations against Malami too heavy: Buhari told to suspend AGF
    The NAN managing congratulated the minister for his reappointment, saying it was a testimony to his dedication to preserving the sanctity of the judiciary.

    “Your reappointment as AGF shows how effective and efficient you have handled the justice sector and attended to state matters; it is not easy and we wish you success.”

    The NAN MD was accompanied on the visit by his Special Adviser, Mr Muftau Ojo and the Board Secretary/Legal Adviser, Mrs Stella Benjamin.

  • $1.5bn liability :Malami welcomes U.S. tribunal judgment awarding Nigeria $660,000

    $1.5bn liability :Malami welcomes U.S. tribunal judgment awarding Nigeria $660,000

    The Minister of Justice, Abubakar Malami, on Wednesday welcomed the judgment of a U.S.-based tribunal, which ordered InterOcean Oil Company to pay the Federal Government 660,129 dollars as reimbursement of its share of the arbitration costs.

    The News Agency of Nigeria (NAN) reports that the U.S.-Based International Centre for Settlement of Investment Dispute headed by Prof. William Park, ordered InterOcean to pay the Federal Government 660,129 dollars.

    The tribunal also absolved the Federal Government of Nigeria from any liability maintaining that Nigeria did not breach any of its obligations in the contract agreement with Interocean Development Company and Interocean Oil Exploration Company.

    In a statement issued by Dr Umar Gwandu, Special Assistant on Media and Public Relations, Office of the Minister of Justice in Abuja, Malami, described the judgment as an addition to the multiple success stories recorded in international litigations by the Federal Ministry of Justice.

    Malami renewed commitment to patriotically and relentlessly discharge his constitutional mandates in the best interest of the nation and general public said gone was such an era of connivance to deprive the nation of its resources for gratifying ulterior motives of vested interest at the expense of the Nigeria populace.

    The tribunal held that the federal of government of Nigeria did not breach its obligations towards the claimants under Nigerian law or under international law.

    NAN reports that the oil companies that has among its legal team, Olasupo Shasore, SAN requested, among others, relief from the Tribunal directing the Federal Government of Nigeria, its relevant privies and instrumentalities to pay aggravated damages in an amount to be proven during these arbitral proceedings which the claimants of 1.5 billion dollars.

    “The tribunal finds no liability on the part of Respondent in connection with Claimants’ loss of control over their investment, Pan Ocean,” the Judgment reads in part.

  • SERAP tackles Buhari over ‘missing ’15 corruption case files, 103 others stuck in Malami’s office

    SERAP tackles Buhari over ‘missing ’15 corruption case files, 103 others stuck in Malami’s office

    A Nigerian rights group claimed that some 15 corruption case files are missing in the office of Justice Minister, Abubakar Malami and that 103 other high profile cases are yet to receive his attention, three years after the EFCC referred them to him.

    Socio-Economic Rights and Accountability Project (SERAP) has therefore sent an open letter to President Muhammadu Buhari requesting him to instruct Malami to take immediate steps about the cases.

    The organization said: “The high-profile corruption cases include 103 cases reportedly sent by the Economic and Financial Crimes Commission [EFCC] in 2017, and the 15 allegedly missing case files sent by the now-defunct Special Presidential Investigation Panel on the Recovery of Public Property, [SPIP] in 2019 to Mr. Malami.”

    In the letter dated 26 September, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The authorities’ failure to diligently and expeditiously prosecute high profile corruption cases amounts to a fundamental breach of constitutional and international obligations. Continuing failure to prosecute these cases may create the perception of a deliberate effort to protect those considered to be very influential and powerful.”

    According to the organization: “The fact that these cases have been pending for several years suggests that your government has not carried out its public, constitutional and international obligations, including the obligations to show that no one is above the law as far as the fight against corruption is concerned.”

    The organization said: “Public interest demands that high-profile corruption cases are concluded within a reasonable time so that those guilty are punished and the innocent are set free.

    “The rule of law and the preservation of democracy also require that the authorities duly proceed in accordance with the law against every high-profile person suspected of grand corruption, irrespective of where he/she is placed in the political hierarchy.”

    The letter, copied to Mr Malami, read in part: “SERAP is seriously concerned about the apparent inertia by the authorities to diligently and expeditiously prosecute high-profile corruption cases.

    “While many of these cases have been dragging before your assumption of office in May 2015, several of the cases have not satisfactorily progressed, contrary to Nigerians’ expectations.”

    “Speedily, diligently, effectively and fairly prosecuting high-profile corruption cases would demonstrate your government’s commitment to enhance probity in public life and willingness to enforce accountability in public life. The basic postulate of the concept of equality: ‘Be you ever so high, the law is above you’, should be your government’s approach to high profile corruption cases.”

    “Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended] particularly section 15[5], and Nigeria’s international obligations, including under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption, as well as the rule of law.”

    “We hope that the aspects highlighted will help guide your actions in acting to ensure the diligent, expeditious and effective prosecution of longstanding high-profile corruption cases, including the 103 cases and the allegedly missing 15 case files of high-profile corruption suspects.”

    READ ALSO Allegations against Malami too heavy: Buhari told to suspend AGF
    “We would be grateful if your government begins to implement the recommended action and measures within 14 days of the receipt and/or publication of this letter.”

    “If we have not heard from you by then as to the steps being taken in this direction, the Registered Trustees of SERAP shall take all appropriate legal actions to compel your government to pursue prosecution of these longstanding high-profile corruption cases to their logical conclusion, and to regularly report to Nigerians on the progress of prosecution.”

  • Magu: Malami gives reason for ignoring Salami panel’s invitation

    Magu: Malami gives reason for ignoring Salami panel’s invitation

    The Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), on Thursday, explained why he decided not to honour the invitation by Justice Ayo Salami panel was based on constitutional consideration.

    The panel is probing the suspended Acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu.

    The minister, who stated this in a statement by his spokesperson, Dr. Umar Gwandu, said he refused to attend the panel because the wordings of the invitation extended to him were unconstitutional.

    Magu had applied to the Salami panel to issue a subpoena inviting Malami, being the main accuser whose memo to the President, Major General Muhammadu Buhari (retd), triggered the setting up of the panel, to appear to testify, tender documents and be cross-examined.

    Appearing on a television live programme, Malami had boasted that he would gladly honour an invitation by the Salami panel.

    His Thursday’s statement justifying his decision not to honour the invitation by panel came as a departure from his previous pledge on the national television.

    But he said in the statement that he had no ulterior motive not honouring the invitation.

    The statement read, “Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN has said that his non-appearance at Justice Ayo Salami Panel of Inquiry probing the suspended Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, was purely Constitutional and not based on any ulterior motive.”

  • 378 Lawyers sign petition to strip Buhari’s AGF, Malami of SAN title over ‘sole’ amendment of RPC

    378 Lawyers sign petition to strip Buhari’s AGF, Malami of SAN title over ‘sole’ amendment of RPC

    The Attorney General of the Federation and Minister of Justice, Abubakar Malami might have bitten more than he can chew over the recent the amendment to the Rules of Professional Conduct (RPC) for Legal Practitioners 2007 by his office.

    This is even so as lawyers under the auspices of the Nigerian Bar Association (NBA) begun the collection of signatures to strip Malami of the Senior Advocate of Nigeria (SAN) tittle over the amendment to the rules. They accused the minister of individually embarking on the amendment of the conduct without consultation with relevant stakeholders.

    The association insisted no alteration has been made to the rules and therefore directed its members to ignore a gazette on the issue while it engages the Minister of Justice, Abubakar Malami, in talks over the matter.

    The controversial gazette which was issued after the controversial amendment to the rules abolishes the payment of legal fees by lawyers.

    The instrument also removes the requirement for NBA stamp and seal on court processes.

    NBA argued in a statement on Sunday by its President, Olumide Akpata, that the gazette or instrument was crafted to weaken its powers.

    The stamps and seals are sold to lawyers at N4,000 for 72 pieces and given to them upon payment of NBA dues.

    Without the stamp, a lawyer cannot submit any document or letter in the court.

    The sale of the stamp and seal is one of the major sources of NBA’s revenue.

    Thus with the coming of the gazette, the use of the stamps is no longer necessary.

    In the statement, Akpata pointed to the Legal Practitioners Act which states that only a resolution of the Bar council, comprising the AGF, attorneys-general of the 36 states of the federation and 20 members of the NBA can issue or amend rules of professional conduct for legal practitioners.

    Akpata accused Malami of amending the rules without taking cognizance of the other parties that are legally supposed to be involved in the process.

    Akpata assured lawyers that he had begun speaking with Malami on the issue and would update them in the coming days.

    As at the last check, about 378 lawyers have signed the petition to strip Malami of the title of SAN.

    The petition registered by Barrister Izu Aniagu on change.org, claimed among others that Malami unilaterally deleted the provisions of the RPC which provides for stamp and seal as well as bar practice fee for government lawyers.

    According to Izu, the AGF had no such power to do so.

     

  • P&ID fraud: How $301m exchanged hands among govt officials – Malami

    P&ID fraud: How $301m exchanged hands among govt officials – Malami

    Attorney General and Minister of Justice, Abubakar Malami has revealed how $301 million were used in bribing Nigerian government officials in the $10 billion judgment earlier awarded to Process and Industrial Developments (P&ID) against Nigeria.

    But the Federal Government on Friday secured a landmark victory in its pursuit to overturn a 10 billion dollar judgment awarded against it.

    The court court granted Nigeria’s application for an extension of time and relief from sanctions due to the exceptional circumstances where the government has uncovered evidence of massive fraud in procuring the award.

    However, Malami, while speaking on Channels TV’s Sunday Politics said as much he would not want to be pre-emptive, the fact still remained that at the local level, some of the principal characters were being investigated, and that some were not only investigated but were arraigned with certain convictions recorded.

    He said within the official cycles of government, some of the principal actors had retired, and that they were being alleged to have been involved in under-hand dealing as it related to within the region of $301 million.

    According to Malami, the investigation had re-affirmed the fact that there were certain under-hand dealings to the tune of $301 million.

    He added that there were arraignments, “there were convictions and indeed, monies were established to change hands as a basis for inducement that eventually resulted into compromises on processes, compromises on the procedure and then, failure on the part of the officials of government to do the needful in terms of ensuring that the interest of the nation is protected.”

    Malami explained that the due diligence relating to P&ID was not adequately undertaken as at the time of signing the agreement, but that arising from the investigation, government had taken time to conduct and expand its investigative capacity to other jurisdiction, inclusive of the US and that there was nothing establishing greater financial strength capacity on the part of P&ID right from the onset either in Nigeria and the Virgin Island.

  • Nigeria secures landmark victory in P&ID contract suit – Malami

    Nigeria secures landmark victory in P&ID contract suit – Malami

    The Federal Government has secured a landmark victory in its pursuit to overturn a 10 billion dollar judgment awarded against it in a case against Process and Industrial Developments (P&ID).

    The Attorney-General and Minister of Justice, Abubakar Malami, in a statement in Abuja on Friday, said the court has granted Nigeria’s application for an extension of time and relief from sanctions due to the exceptional circumstances where the government has uncovered evidence of massive fraud in procuring the award.

    Malami said the Court heard evidence from the government and the offshore shell company P&ID in relation to the gas supply and processing agreement (GSPA).

    This agreement was entered into by the parties 10 years ago and which was never performed.

    He said the Buhari-led administration, having inherited the dispute from the previous administration, only recently uncovered evidence that the GSPA was a sham commercial deal.

    This was designed to fail from the start, and that its subsequent arbitral award was based on fraud and corruption.

    He said the government relied on a number of ongoing investigations across multiple jurisdictions, including the U.., to build its case.

    He said that the government would proceed to a full trial of the issues, where government’s substantive application to finally set aside the award would be
    heard.

    He added that the government of Nigeria was pleased with the outcome from the
    High Court hearing.

    “This is a major victory in our ongoing fight against the vulture-fund-backed P&ID, to overturn the injustice of the multi-billion dollar arbitral award.

    “In light of the new and substantive evidence presented regarding P&ID’s fraudulent and corrupt activities, the Court has granted our application for an extension of time to hear our challenge out of normal time limits.

    The Federal Government will now proceed to a full hearing of our fraud
    challenge in the coming months,” he said.

  • ‘NNBA’ lawyers write AGF, seek independent recognition

    ‘NNBA’ lawyers write AGF, seek independent recognition

    A new body of lawyers, the New Nigerian Bar Association (NNBA), has formally written and notified the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami, of its existence.

    According to reports, the new association said its formation, last Thursday, followed the alleged failure of the Nigerian Bar Association (NBA) to uphold a national unity in its recent decisions.

    Last Thursday, two Kaduna-based lawyers – Nuhu Ibrahim and Abdulbasit Suleiman – announced the NNBA’s formation, following NBA’s withdrawal of an Annual General Conference (AGC) invitation to Kaduna State Governor Nasir El-Rufai, among other grievances.

    They informed the AGF of their plans in an August 28 letter signed by Ibrahim as Convener 1 and Suleiman as Convener 2.

    The letter to the AGF reads in part: “We are pleased to inform you of the formation of a new Association of Lawyers as above captioned.

    “The formation of the new Association has become imperative and expedient especially flowing from the activities, disposition and most recently, the decision of the Nigerian Bar Association-NEC (National Executive Committee), which apparently failed to take into consideration our national interests and particularly do not promote the unity of our indissoluble country, Nigeria.

    “Sir, the New Nigerian Bar Association believes in the ideals that bound our country together as echoed in our National Anthem: ‘The Labours of our heroes past shall never be in vain.’

    “You are, however, to be further informed that work is in progress with regards to all the nitty-gritty of the formation of an association such as this to which we shall keep you updated.”

    Both men had said they and other like-minds were consulting with “very senior lawyers of Northern Nigeria extraction and those practising therein with the view to constituting the (board of) trustees and for purposes of fixing a date for formal inauguration of the association”.

    Meanwhile, the NBA President Olumide Akpata has set up an Electoral Audit and Reforms Committee to audit the body’s 2016, 2018 and 2020 elections.

    The committee, headed by Ayo Akintunde (SAN), is expected to also recommend reforms for future electoral systems and processes.

    Akpata, who was sworn into office for a two-year term last Friday, stated this yesterday in a series of tweets on his Twitter handle.

    The NBA is facing threats to its unity, following unresolved issues on the credibility of its national officers’ elections on July 29 and 30, 2020.

    The NBA leadership had been dominated by Senior Advocates of Nigeria (SANs) until Akpata, 47, caused an upset and won the presidential race by a landslide.

    He defeated two SANs – Dr. Babatunde Ajibade and Mr. Dele Adesina – to become the first elected non-SAN president of the NBA in 22 years.

    But Adesina faulted the process, alleging that the election was manipulated.

    The NBA Board of Trustees (BoT) agreed that the election was not perfect.