*Senior lawyers, rights activists: AGF lacks power to set up committee

THE status of the panel set up by Attorney-General of the Federation Abubakar Malami to dispose of recovered looted assets of the Federal Government is in contention.

Malami (SAN), who is also the Minister of Justice, is under fire for the action, which senior lawyers and rights activists described as illegal.

Their argument: only the Economic and Financial Crimes Commission (EFCC) which recovered the loot is legally empowered to sell them off according to the Act setting up the anti-graft agency.

But Senior Advocate of Nigeria (SAN) Seyi Sowemimo differed. He reasoned that from the wording of the law, the AGF may “technically” be acting within his powers.

The 21-man panel, whose members were inaugurated on Monday, is expected to sell off all assets forfeited in favour of the Federal Government within six months.

Malami said President Muhammadu Buhari approved the constitution of the committee, which is chaired by the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr Dayo Apata (SAN).

Its members include the representatives of the Office of the Chief of Staff to the President; the Federal Ministry of Justice; Federal Ministry of Finance; Federal Ministry of Works and Housing, Auditor-General of the Federation, Economic and Financial Crimes Commission, Independent Corrupt Practices (and other related offences) Commission.

They also include the representatives of Nigerian Army, Nigerian Navy Nigeria Police, Nigeria Security Civil Defence Corps, Nigerian Maritime Administration and Safety Agency, Department of State Security, National Drug Law Enforcement Agency, Department of Petroleum Resources, National Oil Spillage, Detection and Response Agency, Bureau of Public Procurement, and the Civil Society Organisation.

The rest are the representatives of the youth, the media, and any other Nigerian with exceptional expertise that could add value to the Committee as deemed fit by the Attorney General of the Federation.

Some law experts said the Economic and Financial Crimes Commission (EFCC) Act 2004 empowers the EFCC to engage in such disposal of forfeited assets.

They also argued that it was wrong for the Minister to appear hasty in disposing of those forfeited assets when the issue formed part of the allegations in a petition he (the AGF) wrote against suspended EFCC chair, Ibrahim Magu, which is being considered by the Justice Isa Ayo Salami Judicial panel.

One of the experts argued: “For the avoidance of doubt, Section 31: (1) and subsections (2), (3), (4) and (5) on Final Disposal of Forfeited Property of the EFCC (Establishment), Act 2004, are very clear and unambiguous on how forfeited properties can be sold.

Section 31 (1) states as follows: “A copy of every final order forfeiting the assets and property of a person convicted under this act shall be forwarded to the Commission.

(2) Upon receipt of the final order pursuant to this section, the Secretary to the Commission SHALL (emphasis mine) take steps to dispose of the property concerned by sale or otherwise and where the property is sold, the proceeds thereof shall be paid into the Consolidated Revenue Fund of the Federation.

(3) Where any part of the property included in a final order is money in a bank account or in the possession of any person, the Commission shall cause of a copy of the order to be produced and served on the manager or any person in control of the head office or branch of the bank concerned and that manager or person shall forthwith pay over the money to the Commission without any further assurance than this Act and the Commission shall pay the money received into the Consolidated Fund of the Federation.

(4) The Attorney-General of the Federation may make rules or regulations for the disposal or sale of any property or assets forfeited pursuant to this Act.

(5) Any person who, without due authorisation by the Commission, deals with, sells or otherwise disposes of any property or assets which is the subject of an attachment, interim order or final order commits an offence and is liable on conviction to imprisonment for a term of five years without option of a fine.”

When contacted yesterday, Special Assistant to the AGF on Media, Dr. Umar Gwandu promised to address the issues raised. But he never got back.

Among those who spoke were: Constitutional lawyer Jiti Ogunye, Abuja-based lawyers, Mr Oluwatosin Ojaomo and Mr A. Wisdom, Socio-economic Rights and Accountability Project Executiive Director Adetokunbo Mumuni and CACOL Executive Director Debo Adeniran.

Sowemimo noted that under S.31(4) The Attorney-General of the Federation may make rules or regulations for the disposal or sale of any property or assets forfeited pursuant to this Act.

“So, if he makes a regulation that the property should be disposed by a 21-man panel, that may be in compliance with the Act.

“Technically, he may be acting within his powers and then such a large panel now gives me the impression that he wants to have a panel whereby he can say that ‘look, these people are from diverse interest groups and they’re not under my absolute control.”

Sowemimo also observed that if part of the properties to be disposed of by the committee are also under consideration by the Justice Salami Panel investigating Magu, “they have to be careful to address whatever concerns he raised before disposing of the assets.”

For Ogunye, the matter is straightforward: the minister acted beyond his powers.

With specific regard to disposal of forfeited property, Ogunye argued relying on section 31, in particular subsection (2) and (4) that “It is our considered view that as the law stands today, the Secretary to the Commission is the appropriate authority that shall superintend over sale and disposal of forfeited properties and the deposit of the proceeds thereof into the consolidated funds of the Federation. So, it is the duty of the secretary. And it stands to reason; the secretary, secretary-general of an organisation is in charge of a secretariat and is the one that has the power to keep chattel of the association and have a list of inventory of that association etc.

“That power of the AGF to make this regulation cannot subvert the categorical power donated by the statute to the secretary. In other words, any regulation that the AGF makes will be like a subsidiary legislation or a regulation made under the Act, It is the law that such regulation cannot override the clear provisions of the Act. There is no regulation that the AGF can make to take over the functions or powers as donated by the Act,” He said such action by the AGF would be “null and void” in the context Of Section 31 (1,2 & 3).

My view therefore is that what the AGF has done is fraught with illegality.”

Jiti reasoned further that there is another cloud over the AGF’s panel because part of the issues submitted to the Justice Ayo Salami panel concerned

“We know that there is a panel of inquiry set up by the President regarding the activities of the Commission and in particular the conduct of its former Acting Chairman and part of the issues submitted to that panel therefore is the issue of handling and disposal of assets, forfeited to the Federal Government of Nigeria. As we know, the panel is yet to submit its report to Mr President. There could have been reports that there was an interim report, but interim reports … are neither here nor there. A panel of inquiry under the Tribunal of Inquiry Act, is expected to submit a final report which will attract government consideration and determination of the issues that are recommended and government will then generate a white paper…

“As far as I know, not only has the panel not concluded its work, government has not considered the panel’s recommendation, and no white paper has been published in respect of it.”

Can a presidential order take precedence over an extant law? I think, there is need to put this in the public domain.

Ojaomo’s views were similar. He said: “The AGF has no power to use a regulation to sell assets recovered by the EFCC. It has statutory implications; whoever buys it will be taking a risk.

“The action of Malami setting up a committee to dispose assets forfeited to the FG through the EFCC is a clear violation of the EFCC Act and it carries a very serious penalty under the EFCC Act. The law is bigger than anyone. No matter how big a person is, the law is bigger.”

SERAP Executive Director Adetokunbo Mumuni advised that it was proper to follow the law as enacted by the legislators, in the spirit of democracy.

“Whatever we must do as the government of Nigeria, we must do it according to law. If there is a law setting up the EFCC, whatever you must do, saying you want to act for the EFCC, you must act according to the EFCC Act. So, if there is a law that says EFCC assets can only be disposed of by the EFCC Secretary, I wonder what basis the AGF will have to act contrary to law. Remember the AGF is supposed to be the chief law officer of Nigeria and it will not be proper for the AGF to now be the major violator of the law.

Coalition Against Corrupt Leaders (CACOL) Chairman Debo Adeniran said the AGF appeared to be “jumping the gun. This is the wrong time to dispose of assets.

“The AGF has accused someone of disposing of seized assets without authorisation and there have been counter accusations that he has taken interest in some of the assets and their disposal. I believe that the President is being too slow in intervening in issues like this, otherwise the AGF should also be on leave just like Magu has been on suspension. After all, it was on the basis of a mere allegation that the President suspended Magu.”

Culled from TheNation

Roundtable Discussion On Gender Representation In The 1999 Constitution : A Dialogue With Hon Chief Justice of the FCT Justice Ishaq Usman Bello.

Women In Politics Forum (WIPF) on Tuesday Nov 10 2020 held a Roundtable Discussion on Gender Representation in the Constitution in the FCT Abuja. 

WIPF a leading voice for Inclusion in it’s continuous advocacy for advancement of Women Leadership in Nigeria by providing platform for women to train, share, experience, network, advocate and lobby for political space within and outside political parties has it’s advocacy drawn from the recognition of the consensus of modern democracies which is that constitutions should be based on inclusivity. The Nigerian Constitution is however described as replete with the provisions which are interpreted to either deny realities of women or outrightly discriminate against them and therefore sees the need to examine the intersections of the gender, law and Nigerian Constitution has become necessary.

Participants to the Dialogue were drawn from the Executive, Judiciary, Legislature, Civil Society Organizations, Media, Women Groups and Donor Partners. Continue reading

Chief of Air Staff Air Marshal Sadique Abubakar has said for war against insecurity to be won, everyone must join hands with security operatives and the government.

He advised the people, especially reporters; to beware of the effects of fake news on the country, saying it fuels insecurity.

Abubakar spoke yesterday while fielding questions from reporters after a tour of Air Force Comprehensive School (AFCS), Iyana Offa and other facilities in Ibadan, Oyo State.

The Air Force boss, who had visited Governor Seyi Makinde at the state secretariat, said the visit was part of a strategy to look at what was required in terms of identifying and filling structural and organisational gaps in Ibadan.

He said: “First and foremost, we are here as part of our strategy to look at what is required in terms of structure. We used to have a military airlift command here in Ibadan, but at a time we had to relocate the unit and bring back another smaller unit.

“But what we are doing now is trying to identify gaps in our organisational structure and we believe that gaps exist here in Ibadan.

“We are here very excited because we believe the state government is also working to see how the airport will become better than what it is today and we want to take advantage of that. The Air Force can also key into that and we will have a much bigger unit than what we have right now.

Governor Makinde said the state government decided to expand the Ibadan airport so the aircraft can refuel in Ibadan instead of going to Lagos.

He added that the award of the Ife Road-Ajia-Airport road project was also to engender free movement for the expected increase in traffic flow that will come with the expansion of the Ibadan airport.

About 753 members of the Nigerian Union of Traders Association in Ghana have presented a letter to the Federal Government requesting for evacuation from the former Gold Coast.

The Save-Our-Soul letter was presented to the Chairman, Nigerians in Diaspora Commission, Abike Dabiri-Erewa in Abuja by the union President, Dr Ken Ukoaha, and some members.

This is happening against the backdrop of the imposition of $1m business equity on non-Ghanaians as well as other conditions.

On Tuesday, the Minister of Interior, Rauf Aregbesola, had urged the traders not to leave Ghana, noting that the government was still engaging with the Ghanaian authorities over the matter.

But a statement from Gabriel Odu, of the NIDCOM Media, Public Relations and Protocol Unit on Wednesday disclosed that the 753 signatories expressed their willingness to return home.

They alleged that their shops had been locked for almost one year by the Ghanaian authorities, “more so, since all diplomatic niceties at the highest level between Nigeria and Ghana have not yielded positive results, they are left with no choice than to ask for evacuation.”

“Now, landlords are coming to ask us for rent. How do we pay with our shops locked up for so long; were are dying here,” the statement quoted them as saying.

However, Dabiri-Erewa again called for peace, stressing that all relevant stakeholders would continually be engaged.

She also said Nigeria would not hesitate to gladly and safely welcome her citizens back to the country.

(The Punch)

Goment for United Kingdom [UK] don answer di petition wey Nigerians sign to ask make di commonwealth kontri put sanctions ontop di head of Nigerian leaders as “punishment to anyone involved in violation of human rights”.

According to dis petition wey receive 219,665 signatures, Nigerians tell di UK goment to use policy wey allow dem sanction anyone wey no respect human rights around di world.

Di UK parliament for dia response say dem dey concern about di violent wey happun during di EndSARS protest and dey wait for di investigation of di Nigerian goment into reports of police brutality for di kontri.

UK Parliament dey consider all petitions wey get more than 100,000 signatures for a debate. So far di EndSARS petition from Nigeria don pass 200 thousand signatures.

However, UK add say dem no dey “publicly tok alias speculate on future sanctions designations”.

EndSARS protest against police brutality turn violent after thug attack di peaceful protesters and later begin dey vandalise both properties of goment and private citizens.

BBC News, Pidgin

The 73-year-old died after a short illness, according to Ghanaian media. He served as president of the country for roughly two decades up to 2001.

The former president of Ghana, Jerry John Rawlings, has died at the age of 73, according to media reports on Thursday.

The former leader who seized power twice via military coups was admitted to the Korle Bu Teaching Hospital in Ghana’s capital, Accra, last week after suffering from a brief illness, state-owned newspaper Daily Graphic said on its website.

Two coups

Rawlings was born in Accra in June 1947, to a Ghanaian mother and a Scottish father. 

He came to global prominence in 1979 when, as an army lieutenant, he ousted General Frederick Akuffo as president.

Rawlings relinquished power soon after, handing over to civilian rule, but orchestrated another coup two years later, citing corruption and weak leadership.

From 1981 to 1993, Rawlings ruled as chairman of a joint military-civilian government. In 1992 he was elected president under a new constitution, fully assuming the role the following year.

He served two terms and was succeeded by John Kufour in 2001.

jsi/msh (Reuters)

Vice President Yemi Osinbajo has called for an urgent need to design and develop suitable curriculum assessments and monitoring systems that will focus on improving the quality of education during and post-COVID-19 pandemic.

Osinbajo, who was represented by the Minister of State for Education, Mr. Chukuemeka Nwajuiba, stated this in Abuja yesterday at 2020 Nigeria’s Annual Education Conference.

The conference, which was held in collaboration with national and international partners, has its theme: “Building an Effective, Resilient and Sustainable Education System for Nigeria’s during and Post-COVID-19 Pandemic: The Way Forward”.

The vice president said the adaption of the curriculum was necessary to facilitate learning in hybrid schooling situations in view of the unexpected disruptions of education system by COVID-19 pandemic.

According to him, the possibilities of designing Science, Technology, Engineering and Mathematics curricula such that they can be taught virtually should be worked out by appropriate government offices and stakeholders.

“The theme of this conference is a true reflection of an unusual global challenge faced by education in recent days.

“The emergence of Coronavirus pandemic has no doubt adversely affected the education sector and the economy at national and global levels.

“Let me point out that to cushion the effects of the pandemic, the world is embracing technological innovations. Virtual interactions have increasingly replaced face-to-face engagement and limit the total disruptions to many sectors,” he said.

Minister of Education Malam Adamu Adamu reiterated the commitment of the ministry for continued deployment of technologies and the internet in education to ensure that online education became an integral component of school education.

Adamu, represented by Mr. Sonny Echono, the Permanent Secretary in the ministry, said the disparities in access to distance learning across the country must be removed to enhance the sustainable system of education.

Similarly, the representative of UNESCO Regional Office Director, Mr. Mamadou Lamina, said the organisation was committed to supporting the government of Nigeria in the area of education.

*323 government Agencies didn’t submit their reports to the Auditor General and also about 63 have never submitted at all – Dayo Olaide
*All heads of MDAs should be compelled to publicly declare their assets. – Segun Elemo
*MDAs has not been responsive to the people and that is not fair to the people and the country as a whole – Olaniyi Olaleye
*In 43 Years Of Its Existence, NNPC produced an audited account just once – Mr. Shina Fagbenro

The Socio-Economic Rights and Accountability Project, SERAP, has said that corruption in Ministries, Departments and Agencies, MDAs, are major clog in the wheel of progress in the public service of the federation.

SERAP disclosed this during a media presentation on November 10 where it unveiled its findings on MDAs based on the 2017 report of Auditor General of the Federation.

The event, which was anchored by Ayo Makinde, featured a panel discussion and an interactive session on the theme; Above the law: “Why are authorities turning a blind eye to corruption in Ministries, Departments and Agencies (MDAs) and its impact on public services in Nigeria”.

Amongst the invited guests were Director of National Orientation Agency(NOA), Lagos branch office, Mr Waheed Olalekan Ishola; The representative of the Auditor General of Federation; The  Deputy Director Mc Arthur Foundation in Nigeria, Mr. Dayo Olaide; and the Executive Director of Paradigm Leadership Support Initiative (PLSI), Segun Elemo.

The Deputy Director Of Mc Arthur Foundation, Mr. Dayo Olaide, expressed his joy by acknowledging the efforts of persons whom out of their busy schedules made it to the program. He listed some corrupt practices and how same can be ameliorated in the MDAs. He said the provision of the Nigerian constitution empowers the Auditor General of the Federation to make financial reports of all the governmental agencies and bodies and observed that the office of the Auditor-General is no more independent. While making reference to 2016 Auditor General’s report, he said about Three hundred and twenty-three (323) of the government Agencies didn’t submit their reports to the Auditor General and also about sixty-three (63) Agencies had never for once submitted their financial reports. While giving his good-will message, he said the event would state and call out the President and the Accountant General of Federation to live up to expectations of the masses.

He gave assurance that the Mc Arthur foundation is committed to eradicating corruption in every facets of our organizations in Nigeria.

During his presentation, Mr Segun Elemo, commenced by reiterating the importance of media in the society. He stated how the office of Auditor General has now been abused by always targeting the annual report on the decision and reports given by the Executive without a thorough investigation. He also stated that the lackadaisical attitude of government towards education has been a setback for the country and that the level corruption within University communities in Nigeria is alarming.

According to him, all Universities earn their capital and recurrent budgets from the Federal government and receive tuition fees from students without having a capital project executed in their respective campuses save they wait for government’s intervention.

Using University of Ibadan as an example, Elemo said when the school was being called upon to make their audit and send to the Auditor General of Federation, the University management gave an excuse that the school Bursar went blind and as such, nothing came out of the request.

He also made mention of the mismanagement of public funds in the National Examination Council(NECO) where #7.2 Billlion naira was traced to the management of the agency to have no report nor was it utilized for a project within the agency. The said fund was to be used in procuring certificates and ledgers. Hence, all these scandals doesn’t always reflect in the Auditor General’s reports.

Mr Elemo proposed that there should be modern audit law to replace the outdated 1960 Audit Act which is not in tune with the current happenings in Nigeria.

He concluded that in the 2017 report, #9.8 Billion naira was not accounted and as such, some mechanisms are needed to be put in place to fight against corruption before the president hands over in 2023. He also made the following recommendations:

a- Immediate and stringent sanctions

b- Establishing an independent commission of inquiry with subpoena power to conduct a transparent, comprehensive and impartial investigation into systematic corruption within ministries, Departments and Agencies.

c- Prosecution without delay and according to international fair trial standards of anyone implicated in corruption and other serious abuses in MDAs.

d- All heads of MDAs should be compelled to publicly declare their assets.

During the panel session, one of the panelists, Mr. Olaniyi Olaleye, stated that Nigerians only focus on the corruption at the top without looking at the corrupt practices amongst “ourselves” and misappropriation of funds at the local government and state level. He stated that Nigeria continues to take loan from other countries and In fact got itself disgraced to have gone to request for a loan in Brazil while we always have no account on capital expenditures as to what the loan has always been used for.

He also lamented that MDAs have not been responsive to the people and that is not fair to the people and the country as a whole.

Also, a panelist, Mr. Shina Fagbenro in his own opinion said NNPC is the largest source of revenue in Nigeria. In 43 years, NNPC just produced an audited account and the first account was produced in June, 2020. It was produced due to FG’s request for loan from IMF which was a condition for getting loan from IMF.

Mr Elemo opined during the session that the NNPC should be treated same way FIRS is being treated. NNPC shouldn’t be forced to make a report before they give their report.

Mr Olaleye noted finally that the National Assembly gets 97% from allocations. Hence, they should also make a public budget stating that the only time we had the senate published her budget was in 2017 during the time of Dr. Bukola Saraki.

He concluded on the paramount need of accountability on the part of the legislature.