At Last, FG Queries Accused EFCC Boss, Magu, Begins Probe

The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, has begun investigations into various allegations against some top Federal Government officials as directed by President Muhammadu Buhari on Sunday.

Our correspondents learnt on Tuesday that following the President’s directive, the AGF had, on Monday, issued a query to the Acting Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Magu.

Sources in the Federal Ministry of Justice and the EFCC confirmed that the query was delivered to Magu on Monday.

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It was learnt that the query was accompanied by allegations contained in the security report prepared by the Department of State Services and upon which the Senate had, last Thursday, rejected his confirmation as the EFCC chairman.

“The AGF has started enforcing the directive by the President. I can confirm to you that the minister has taken the first step by querying the Acting Chairman of the EFCC,” a source in the Federal Ministry of Justice said.

The source could, however, not confirm what step the AGF had taken on the allegations levelled against the Secretary to the Government of the Federation, Mr. Babachir Lawal.

The source could also not confirm the ultimatum issued to Magu to respond to the query.

Meanwhile, a source close to the acting chairman of the commission said the anti-corruption officer had received the query.

He said he had already commenced preparing his defence to the allegations raised by the DSS.

The source added, “Yes, he has received the query with the DSS report sent to the Senate on him.

“Ironically, the query only contains one of the letters written by the DSS to the Senate.

“I think he has no problem with the query, but the question being asked by some people is that, he ought to have been given time to respond to the allegations before the Senate took that position.”

The letter, dated October 3, was addressed to the Clerk of the Senate, in response to a letter by the Senate, dated September 21, 2016, asking for Magu’s security check.

The report, which listed several alleged offences against the EFCC boss, said his confirmation would frustrate the anti-graft drive of the Buhari-led administration.

Part of the allegations against Magu was his being in possession of EFCC documents in his private residence during the chairmanship of Farida Waziri.

The DSS also made reference to the circumstances surrounding Magu’s arrest, detention and suspension by the Nigeria Police.

The secret service also alleged that the sum of N40m was paid for the rented apartment, which costs N20m per annum, where the acting EFCC chairman currently resides in Abuja.

It added that the accommodation was not paid for from the commission’s account but by a presidential appointee, who had been under investigation.

The DSS alleged that after renting the apartment for Magu, the friend awarded a N43m contract for the furnishing of the accommodation.

The appointee, who is a retired Air Commodore, was said to be a close associate and ally of Magu, and allegedly “runs questionable business” and was once arrested by the service.

The report, which cleared the other four EFCC appointees, said Magu flew a private jet owned by the retired military officer.

The service also claimed that the EFCC boss was once in the same flight to Maiduguri with a Managing Director of one of the new generation banks, who it alleged, was under investigation.

The Senate had, at plenary on Wednesday, called for the removal and prosecution of the SGF following alleged complicity in contract awards to take care of the Internally Displaced  Persons in the North-East.

This followed the presentation of the interim report of the Senate Ad hoc Committee on Mounting Humanitarian Crisis in the North-East by the Chairman of the Committee, Shehu Sani.

The call for Lawal’s removal followed alleged contravention of the provisions of the Public Procurement Act and the Federal Government’s Financial Rules and Regulations pertaining to award of contracts.

Presenting the report, Sani said some of the contracts were awarded to companies belonging to top government officials’ cronies and family members.

He explained that the committee found out that Global Vision Engineering Limited, a company, with Lawal as Director, for instance, was awarded a consultancy contract.

Sani said despite being an IT company, the firm got a job to clear grass in Yobe State at N200m.

He said although Lawal resigned the directorship of the said company in September 2016, it was on record that he was a signatory to the accounts of the company.

Lawal denied all the allegations, saying “the Senate is talking balderdash; it has developed a bring-him-down syndrome.”

Punch Newspaper

More Trouble For Justice Ngwuta As 4 Valid Nigerian Passports Found In His House, Other Criminal Acts As FG Amended Charge

The Federal Government has amended the charges it preferred against a Justice of the Supreme Court, Justice Sylvester Ngwuta, raising fresh allegations of money laundering charges involving N505m against him.

The amended charges with case number FHC/ABJ/CR/232/2016, filed before the Federal High Court in Abuja, raised the number of counts from 10 to 14, alleging that the sum of N505m was part of the proceeds of Ngwuta’s “unlawful” activities.

The Justice of the Supreme Court was accused of transferring the total sum of N505m “denominated in naira and US dollars” to a building contractor between January and May 2016.

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The Office of the Minister of Justice and Attorney General of the Federation which filed the amended charges on Wednesday, alleged that the offences contained in the first four counts of the amended charges were contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

The offences were said to be punishable under Section 15 (3) of the same Act.

The prosecution alleged that the Justice of the Supreme Court transferred the total sum of N130m to Nwamba Linus Chukwuebuka, a building contractor, on January 4, 2016.

Ngwuta was also accused of transferring the sum of N165m to Chukwuebuka “on or about April 2016”.

He was further accused of transferring another sum of N100m to Chukwuebuka “on or about April 2016”.

He was also charged with transferring the sum of N110m to the same person “on or about May, 2016”.

As alleged in the old set of charges, Ngwuta was accused in the amended charges of retaining N35,358,000; $319,596 and £25,915 during the raid on his house by the operatives of the Department of State Services between October 7 and 8.

The various sums of money were also described as proceeds of  “an unlawful activity”.

The offences were said to be contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2011 (as amended) and punishable under section 15(3) of the same Act.

Apart from the money laundering charges, Ngwuta was accused of passport offences in counts eight to 14 of the amended charges.

He was accused of being in possession of two valid diplomatic passports and another two valid Nigerian passports when his house was raided by the DSS operatives on October 8, 2016.

The offences were said to be contrary to section 10 (1) (a) and (d) of the Immigration Act 2015 and punishable under section 10(1) of the Act.

The justice of the apex court was also accused of “knowingly making a false statement to the Passport Office concerning his date of birth for the purpose of procuring an additional diplomatic passport” for himself in violation of Section 10 (1) (c) of the Immigration Act.

He was also accused of submitting multiple application forms to one or more passport offices “with the intention of obtaining multiple diplomatic passports” for himself in violation of Section 10 (1) (d) of the Immigration Act 2015 and punishable under Section 10 (1) of the same Act.

The Justice of the Supreme Court was also accused of knowingly making a false statement to “passport office concerning the loss” of his diplomatic passport with number D50000087 on April 5, 2016.

In another count, he was accused of committing a similar offence concerning the loss of his Nigerian passport with number A04389985 on the same date of April 5, 2016.

According to the proof of evidence accompanying the charges, the prosecution has lined up five witnesses against the Justice of the Supreme Court.

They are Aminu N. Ibrahim, Ngo Awoikiega, Tanko Nuhu Kutana, Ogudu Nwadire and Nwamba Chukwuebuka.

Ibrahim is “to testify on the search conducted on the defendant’s residence on or about 7/8 October 2016”.

Awoikiega is “to testify on the investigation/interrogation of the defendant”.

Kutana, an immigration officer, “is to testify on the multiple diplomatic and Nigerian Passports obtained by the defendant”.

Nwadire is “to testify on how as an architect to the defendant between 2014 and 2016, he handled several projects for which he received cash payments totalling $100,000”.

Chukwuebuka is “to testify on how as a building contractor to the defendant between 2014 and 2016, he handled several projects for which he received cash payments from the defendant totalling $1,000,000”.

Justice Ngwuta was among the judges, whose houses were raided by the operatives of the Department of State Services between October 7 and 8.

The DSS alleged that it discovered large sums of money in foreign and local currencies from the raid.

Our correspondent confirmed on Tuesday that charges had not been filed against the other  judges even as the AGF had said that there was prima facie evidence against them.

Excerpted From Punch Newspaper

Amendments In Justice Sector Policy Underway

The Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr. Taiwo Abidogun has stressed the need to harmonize and integrate the various reform initiatives in the justice sector into a clearly articulated National Justice Policy.

Abidogun who represented the Honourable Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN revealed this in a speech he delivered during the inauguration ceremony of the technical committee that will produce a draft National Justice Sector Policy for the country in Abuja last Thursday.

Comrade Salihu Othman Isah, Special Adviser on Media and Publicity to the AGF and Minister of Justice disclosed in a press statement made available to the media in Abuja over the weekend.

Isah quoted the SGF as saying that, “The policy would clearly define Nigeria Political Philosophy with respect to Justice Delivery and also provide a common policy direction for the Justice Sector stakeholders across the Nation”.

The draft policy would be presented at the stakeholder’s forum to be convened in October for inputs before being submitted for validation and adoption at the proposed National Summit on Administration of Justice in furtherance of rule of Law in Nigeria to hold in a date in November 2016’’.

He listed members of the technical committee which includes renowned experts in the public and private sector as well as the academia has the following terms of reference:

(a) To draft and submit a National policy on Justice for Nigeria that sets out a common vision of a fair and effective justice system that respects the rights of all without discrimination.

(b) Undertake a review of past and present strategic framework for the justice sector in Nigeria, taking into account the funder mental objectives and directive principles of state policy that are laid down in the Constitution of the Federal Republic of Nigeria in sofar as they relate to the Justice system.

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(c) To present the approved draft at a consultative meeting aimed at seeking commitment, further input and buy-in from a wider body of justice stakeholders.

(d) To present the revised draft to a National Justice Sector summit in November with a view to adopting as Nigeria National Justice Policy etc.

Members of the committee includes; Prof. Mohammed Tabiu as chairman,

Kefas Magaji, Prof Deji Adekunle, Prof. Chidi Odinkalu, P.C Okorie, Mohammed Estu, Stella Anukam, E.O Omonowa, Dayo Akpata while Felix Ota-Okojie will serve as Secretary.

Also in the technical committee are Associate Prof. Larry Chukwu, Gbolahan Adeniran,                                                  

Beatrice Jeddy-Agba, Juliet Ibekaku, Pius Oteh, Ike Udunni and Ugonna Ezekwem.

The committee was given Friday,14th October 2016 to come up with the draft copy to midwife the expected Nigeria National Justice Policy.

FG Refuses To Doze On Saraki, Unleashes 80 Specially Trained Lawyers On Him, Ekweremadu Over Forgery Suit

The federal Government through the Ministry of Justice has resolved to mobilise 80 specially trained lawyers to handle the forgery case filed against the embattled President of the Nigerian Senate, Dr. Bukola Saraki, his Deputy, Ike Ekweremadu and two others who have been sued over alleged forgery of the Senate Standing Rule, Punch Newspaper reports

The identities of the lawyers, who were said to have been specially trained for the tasks ahead, have not been made known.

It was learnt that the Prof. Itse Sagay-led Presidential Advisory Committee Against Corruption was involved in the training of the special prosecutors.

Our correspondent gathered that the training, which ended in June, lasted for over one month.

Sources in the Federal Ministry of Justice in Abuja confirmed on Thursday, according to Punch Newspaper that one of the teams of prosecutors had been assigned the forgery case recently instituted against Senate President Bukola Saraki; his deputy, Ike Ekweremadu, and two others.

According to Punch Newspaper, the Federal Government has set up 20 teams of prosecutors, comprising 80 lawyers, who will handle a number of high profile criminal cases investigated by law enforcement agencies, including the Economic and Financial Crimes Commission.

Each of the teams, according o Punch Newspaper had four lawyers with a Senior Advocate of Nigeria as the leader.

The new prosecuting team will fully take over the forgery case from the Director of Public Prosecutions of the Federation, Mr. Mohammed Diri, when the trial resumes on Monday, our source says

The Federal Government, through the office of the Attorney General of the Federation and Minster of Justice, had, on June 10, preferred against Saraki, Ekweremadu and others, two counts of criminal conspiracy and forgery of Senate Standing Rules used for the leadership election of the presiding officers of the 8th Senate on June 4, 2015.

The two other co-accused persons are a former Clerk to the National Assembly, Salisu Maikasuwa, and his then deputy, Benedict Efeturi.

The Federal Government stated that the offence of conspiracy is punishable under Section 97 (1) of the Penal Code Act and offence of forgery with “fraudulent intent” punishable under Section 364 of the same law.

On June 27, the four accused persons were arraigned and they pleaded not guilty to the charges before Justice Yusuf Halilu of a Federal Capital Territory High Court in Jabi, Abuja.

Shortly after their arraignment on June 27, they were granted bail on the conditions that each of them should produce two sureties, who must have property either in Asokoro, Maitama, Wuse 2 or Garki (all in Abuja).

Sources confirmed to our correspondent on Thursday that the AGF and Minister of Justice, Mr. Abubakar Malami, deliberately assigned the case to the special prosecution team for “efficient prosecution and management of the case”.

It was learnt that the team was given the liberty by the AGF to review the case file “and make necessary adjustments or amendments” where necessary to enhance the prospect of a successful prosecution of the case.

When contacted, the AGF’s Special Adviser on Media and Publicity, Mr. Salihu Isah, confirmed to our correspondent that the forgery case was one of the high-profile criminal cases that had been assigned to one of the special teams of prosecutors.

“The prosecutors, 80 in all, are constituted into 20 teams. After they were trained, cases have been assigned to the first six and one of the cases is the Saraki’s case that you mentioned,” Isah said.

Though he declined to mention the names of the lawyers in the team, Isah said the matters assigned to the various teams varied from terrorism to corruption cases, among others.

According to him, the National Prosecution Coordination Committee, inaugurated by Vice-President Yemi Osinbajo, would review some of the cases either being prosecuted or still being investigated by the EFCC, the Independent Corrupt Practices and other related offences Commission and others agencies.

The committee, he added, would also recommend the re-assignment of suitable cases among them to the teams of prosecutors.

“The teams will take up cases investigated by the various law enforcement agencies – ICPC, EFCC, DSS – and even some being handled by the ministry,” he said.

A source explained that some of the cases that would be assigned to the teams of prosecutors were the over 1,500 terrorism cases said to have been filed before the Federal High Court in Abuja since last year while the accused persons had yet to be arraigned.

Senate Forgery Scandal: Atiku Disowns Saraki

Alhaji Atiku Abubakar,  a former Vice President‎ and chieftain of the All Progressives Congress, on Monday disowned the leadership of the Senate over the statement credited to him by the Senate bothering on the alleged forgery of the Senate’s rules.

The Senate had in a statement claimed that the former Vice President said “it is time to move on”‎ from the ongoing crisis of the National Assembly.

However, Abubakar said ‎he has not made any comment on the ongoing battle between the leadership of the Senate and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, over the forgery trial of the President of the Senate, Dr. Abubakar Bukola Saraki, and his Deputy, Ike Ekweremadu.

In a statement made available to the media in Abuja on Monday by his Media Adviser, Mazi Paul Ibe, the former Vice President said the last time he made any comment on National Assembly matters was in July 2015 during the leadership crisis in the legislature.

The statement said the former Vice President was taken by surprise that a section of the media chose to take his 2015 comment, rework it and credited same to him in the current battle of supremacy between the Senate and Malami.

Ibe said the last time Abubakar issued a statement on National Assembly matters was on July 2, 2015 when he called for an amicable resolution of the crisis of confidence that arose from the election of principal officers, which bitterly divided the leaders of the Assemblt and their supporters.

That statement was titled: “It is time to shift ground and move to the centre.”‎

Saraki and Ekweremadu are currently battling with alleged forgery of the Senate’s rules in the court. ‎

The statement stated that the Senate is calling on all parties, Mr. Malami, the Attorney General inclusive, to heed the wise, timely and apt advice of former Vice President Atiku Abubakar that “it is time to move on”.

The EagleOnline

Saraki And Ekweremadu Evade Court Summons Over Forgery Of Senate Standing Order

Sahara Reporters - Indications emerged last night that the Federal Government may serve court summons on  President Bukola Saraki and Deputy President of the Senate, Ike Ekweremadu respectively, through the Acting Clerk of the National Assembly,  Mohammed Sani-Omolori, following alleged forgery of the Senate Standing Rules of 2015. The duo has evaded service of court summons since they were informed about their pending forgery trial late last week.

Last week, the Federal Government filed charges against Saraki and Ekweremadu in the High Court of the Federal Capital Territory (FCT), Abuja.

Others joined in the suit are former Clerk of the National Assembly, Abubakar Maikasuwa and Deputy Clerk of the National Assembly, Benedict Efeturi, who has just few months left to retire from the civil service.

The charges are allegedly based on the outcome of police investigation into the forgery, but Saraki and Ekweremadu claimed yesterday that they were never invited for questioning by the Nigeria Police before preferring charges against them.

They lamented that they were only invited for questioning on June 7, 2016, which was barely three days to the filing of the two charges against them on June 10. 

Sources at the office of the Attorney General and Minister of Justice told SaharaReporters that it has been difficult for the court summons- charge sheet and hearing notices- to be served on Saraki and Ekweremadu.

"We have not been able to access Saraki and Ekweremadu to serve them both the summons and charge sheets but from the look of things, we may invoke relevant sections of the Administration of Criminal Justice Act ( 2015), which empowers us to notify them through the Clerk of the National Assembly or by pasting the summons on the conspicuous part of their premises or offices.

"We will invoke sections 124 and 125(1) (2)  of the Administration of Criminal Justice Act hopefully by today (Monday). By then, we should have completed the process of serving the summons on them."

There was anxiety in Saraki and Ekweremadu's camps last night in the latest court action against them as they alleged that there are plans to arrest and lock them in Kuje prison.

"We learnt of a plot to arrest and detain Saraki and Ekweremadu. We are watching the development and we would respond accordingly within the ambit of the rule of law.

"I think they want to trick them into police custody and detain them before arraigning them in court," said another source.

Re: Buhari Has Not Performed - Junaid, By Okoi Obono-Obla

I have read the rather vicious and malicious tirade on the person of the Attorney General of the Federation and Minister of Justice, Abubukar Malami, Senior Advocate of Nigeria by Dr. Junaid Mohammed that was published in the Sunday Sun Newspaper of 20th March, 2016 and Sahara Reporters on line. 

From the way and manner, Dr Mohammed tried to vilify and malign the personality and professional career of the Attorney General of the Federation; it seems to me that he does not know a thing about him and that his broadside on him was nothing but a hatchet job for some vested interest all out to destroy the reputation, character and professional; standing of the Attorney General of the Federation. 

Undoubtedly, Malami (SAN) is a Legal Practitioner of unblemished integrity, experience and great learning. 

It is therefore unfortunate, callous, uncouth and tempestuous and indeed unbecoming of a man of the age and status of Dr. Mohammed to derogatory refer to Malami (SAN) as a ‘’charge and bail lawyer”.  

Malami (SAN) was a Magistrate and University lecturer before he veered into private legal practice and within a record time he was conferred with the prestigious Rank of Senior Advocate of Nigeria when he was barely 40 in 2008. 

It is well settled that the rank of Senior Advocate of Nigeria is usual conferred on Legal Practitioners that are embodiment of excellence, hard work, industry, discipline, integrity and scholarship. 

It also appears that Dr. Mohammed knowledge, appreciation and understanding of the constitutional and conventionally roles, functions and responsibilities of the Honourable Attorney General of the Federation and the facts of the MTN Telecommunication Nigeria Limited and versus Nigerian Communications Commission and Honourable Attorney General of the Federation which he alluded to in his interview is next to nothing; otherwise he would not have suggested that the Honourable Attorney General of the Federation wrongfully interfered in the case by negotiating a settlement out of court with MTN Telecommunications Nigeria Limited.  

In the first place, the Honourable Attorney General was the Second Defendant in the case filed by MTN Telecommunications Nigeria Limited in the Federal High Court challenging the power of Nigerian Communications Commission to impose a fine on for breach of the provisions of Nigerian Communications Commission (Registration) of Telephone Subscribers) Regulations, 2011 in Suit No. FHC/L/CS/1923/2015.  

So, the Honourable Attorney General of the Federation has every right to negotiate a settlement of the matter out of court. Secondly, it was the Honourable Attorney General of the Federation that constituted a Legal Team that was appointed to represent both the Nigerian Communications Commission in the case before a settlement out of court was effected. 

It was the in the office of the Honourable Attorney General of the Federation that a meeting was held between the Nigerian Communications Commission and the Legal Team constituted by the Honourable Attorney General of the Federation to deliberate on the response of the Nigerian Communications Commission and the Honourable Attorney General of the Federation to proposal of the former Attorney General of the United States of America, Eric Holder on behalf of MTN Telecommunications Nigeria Limited for exploration of an out of settlement. 

More importantly, the Office of the Attorney General of the Federation is created by Section 150 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). 

The Attorney General of the Federation by virtue of Section 150 (1) of the Constitution is also the Chief Law Officer of the Federation and a Minister of the Government of the Federation. 

The Attorney General of the Federation is also the Chief Legal Adviser of the President. He is also the Legal Adviser of the Executive Council of the Federation which is made up Ministers of the Government of the Federation.  

He is also the Chief Legal Adviser on all matters concerning law to the all Federal Government Ministries, Boards, Extra Ministerial Departments, Agencies and Commissions. 

It is well established that the Nigerian Communications Commission is all agency of the Federal Government of Nigeria, albeit is a regulator of the telecommunications industry in the country. 

It is well settled that these Federal Government Ministries, Boards, Extra Ministerial Departments, Agencies and Commissions usually refer to the Honourable Attorney General of the Federation for legal opinion and advice. 

The Honourable Attorney General of the Federation is usually sued by those who have been wronged or whose rights have been infringed on by these Federal Government Ministries, Boards, Extra Ministerial Departments, Agencies and Commissions even though he may not have been involved in the infringement of the right (s) of the Plaintiff. 

This is why the MTN Telecommunications Nigeria Limited jointly sued him along with Nigerian Communications Commission even though he was not involved in the matter.   

The Honourable Attorney General of the Federation is the Adviser to the Federal Government upon all matters of law connected with legislative enactments and upon all matters of law referred to him or her by the Government;

The Honourable Attorney General of the Federation is the Legal Adviser to the Federal Government upon all matters of a legislative nature and superintends all Federal Government measures of a legislative nature;

The Honourable Attorney of the Federation has the power to conduct and regulate all litigation for and against the Federal Government or any ministry or agency of government in respect of any subject within the authority or jurisdiction of the Legislature. 

Lastly, the Honourable Attorney General is the Leader of the Nigerian Bar Association and the custodian and guardian of public interest and overseer of the administration of public affairs in accordance with the Constitution and the Law. 

I therefore do not see anything wrong , unethical or unprofessional that Honourable Attorney General, Abubukar Malami (SAN) has done in settling the case filed by MTN Communications Limited out of court (as proposed by MTN Communication). 

So the attack on his person and professional integrity by Dr Mohammed is nothing but sour grapes and borne out of abyss ignorance of the duties and schedule of the office of the Honourable Attorney General of the Federation. 

Okoi Obono-Obla