AMCON: FG Inaugurates Presidential Committee On Loans Recovery

A Presidential Inter-Agency Committee on recovery of loans granted to commercial banks and corporate organizations by Asset Management Corporation of Nigeria (AMCON) has been set up by the Federal Government.

This was revealed in a statement made available to the media on Monday by Comrade Salihu Othman Isah, spokesman of the Honourable Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN who said the inauguration was held on Thursday, 19th May, 2016 in Abuja.

Isah explained that the Minister who heads the Committee in his speech recounted that AMCON was established by the Act of the National Assembly to prevent the collapse of the Nigerian banking sector following the banking crisis as a result of the Bank Consolidation Reforms in 2008.

According to him, the AGF pointed out that the above situation led to huge indebtedness for banks which culminated in the eventual purchase of the toxic loans by AMCON in order to stabilize the banking sector, and by extension the Nigerian economy.

However, the debtors who cut across the aviation, banking and oil and gas sectors failed to repay the loans while some of them had resulted to court actions all in their bid to frustrate the loan recovery efforts of AMCON, surmising that in some cases, this was with active conspiracy of some financial institutions among others.

Malami explained that this resulted to Mr. President’s gracious approval and directive for the establishment of an Inter-Agency Committee by President Muhammadu Buhari to effectively pursue the loan recovery.

Among the terms of reference of the Committee are to ascertain the current status of AMCON recoveries in terms of achievement from inception to date as well as the total outstanding viz value of assets; and to ascertain how government at various levels can be made to honour their debt obligations to the Corporation.

It is also to request and obtain information from any person or persons and/or entity or entities onshore and offshore with the full support and weight of the Federal Government and her agencies towards the pursuit and realization of the Committee’s mandate; as well as to assist in third party investigation outside AMCON office relating to obligors and identify the criminal nature of commercial transactions that would assist in pursuing criminal prosecutions.

In addition, the Committee will ascertain how government agencies can collaborate to support AMCON’s recovery effort in; (a) ensuring payments due to Obligors are made to AMCON, (b) the possibility of going into a Joint Venture Agreement with AMCON (c) the acquisition of forfeited assets from AMCON and (d) take-over of recalcitrant businesses/companies where feasible.

It is also expected to establish the working framework for the Committee such that AMCON could have direct contact with the agencies for assistance and report be made to the Committee on achievement and challenges as well as to design and come up with workable strategies to pursue aggressive recovery of the AMCON loans.

Members of the Committee include representatives drawn from the following Ministries, Departments and Agencies (MDAs) are Mr. Abubakar Malami, SAN, Honourable Attorney General of the Federation and Minister of Justice, Federal Ministry of Justice as Chairman, Senator Hadi Sirika, Honourable Minister of State (Aviation), Inspector General of Police, Mr. Solomon Arase and Mr. Ibrahim Magu, Chairman, Economic and Financial Crime Commission (EFCC).

Others are the Alhaji Ahmed Idris, Accountant General of the Federation, Dr. Ibe Kachukwu, Group Managing Director Nigerian National Petroleum Corporation (NNPC), Dr. Abraham Nwankwo, Director General, Debt Management Office (DMO), Mr. Farouk Ahmed, Executive Secretary, Petroleum Products Pricing and Regulatory Agency (PPPRA) and Alhaji Ahmed Kuru,  managing director,  AMCON.

VP Osinbajo Inaugirates National Prosecution Coordinator Committee

The Vice President, Professor Yemi Osinbajo, SAN, GCON is expected to inaugurate the National Prosecution Coordination Committee (NPCC) which is primarily charged with the handling high profile cases having public interest elements in Nigeria.

The formation of the Committee which will be inaugurated on Friday, 27th May, 2016 at the Presidential Villa, going by its spokesman, Comrade Salihu Othman Isah is pursuant to the powers vested on the Honourable Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN as the nation’s Chief Law Officer as contained in Section 174(1) of the 1999 Constitution. 

“The Constitution of the Federal Republic of Nigeria under Section 174(1) vested the powers on the Attorney General of the Federation to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court martial, in respect of any offence created by or under any Act of the National Assembly.

The HAGF is also to take over and continue any such criminal proceedings that may have been instituted by any other authority or person. He is equally charged to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person. This is the position of the Constitution.”

Comrade Isah who doubles as the Media Adviser to the Attorney General of the Federation and Minister of Justice revealed in a statement made available to newsmen in Abuja on Wednesday, that the 19-man Committee is charged with the efficient, effective and result oriented prosecution of high profile criminal cases in the country.

According to him, the Committee is also to guarantee prompt contact and synergy between investigators and the prosecutors of high profile criminal cases, manage information to the public on such cases as well as to ensure strict compliance to the Administration of Criminal Justice Act (ACJA), 2015.

For its terms of reference, the NPCC is to advise the HAGF on the exercise of his prosecutorial powers in Section 150 and 174 of the 1999 Constitution, prepare the policy strategy document for the coordination of investigation and prosecution of high profile criminal cases in Nigeria and to also collate the list of such cases as well as assigning them to prosecution teams.

The Committee will scrutinize the proof of evidence and charges in high profile criminal cases in the country before arraignment. In addition, it will receive and analyse reports from the investigation and prosecution teams engaged to handle such cases.

OBJECTIVE
The objective of NPCC are to-
Co-ordinate efficient, effective and result oriented investigation and prosecution of High Profile Criminal Cases in Nigeria;
Ensure early contact and synergy between investigators and the prosecutors of High Profile Criminal Cases in Nigeria;
Manage information to the public on High Profile Criminal Cases;
Ensure strict compliance with the Administration of Criminal Justice Act, 2015 (‘‘the Act).
STRUCTURE
The structure of NPCC is as follows-
Honourable Attorney-General of Federation
The Honourable Attorney-General of the Federation is by virtue of Section 174(1) of the 1999 Constitution the Chief Law Officer of the Federation. Therefore, he is responsible for the overall policy formulation and implementation of the entire scheme.
Section 174(1) of the 1999 Constitution provides-
The Attorney-General of the Federation shall have power
To institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court martial, in respect of any offence created by or under any Act of the National Assembly;
To take over and continue any such criminal proceedings that may have been instituted by any other authority or person;
To discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.

National Prosecution Co-ordination Committee (NPCC)
The National Prosecution Co-ordination Committee is a body comprising of nineteen (19) members; twelve (12) ex officio members and seven (7) external lawyers experienced in administration of criminal justice in Nigeria and other commonwealth jurisdictions. All members of the Committee shall be paid sitting allowances as may be determined by the Honourable Attorney-General of the Federation and Minister of Justice.

The members are as follows-

1. Mr. Taiwo Abidogun (Permanent Secretary / Solicitor General) - Chairman
2. Dipo Okpeseyi, SAN Co-Chairman
3. Professor Bolaji Owansoye (Executive Secretary, PAC) Vice Chairman
4. M.S Diri (Director of Public Prosecution) Member
5. Chukwuma Machukwu, SAN Member
6. Chief Okoi Obono-Obla Member
7. Pius Oteh, Esq) Member
8. Mrs Juliet Ibekaku Member
9. Abiodun Aikomo, Esq Member
10. Kehinde Oginni, Esq Member
11. Mr. Salihu Othman Isah Member
12. Al-Amin Ado Ibrahim Member
13. Nafiu Yakubu, Esq. Member
14. Tunji Oluborode, Esq. (Crown Prosecution (UK) /DFID Consultant) Member
15. Eric Onokif Ifere, Esq. (UK based Criminal defence expert / Consultant) Member
16. Mrs. Diane Okoko (Consultant) Member
17. Temitope Adebayo, Esq.(Consultant) Member
18. DIG Abdulrahman Yusuf (Rtd) Member
19. Sylvester Imhanobe, Esq. Member /Secretary 

The terms of reference of the NPCC include to-
Advice the Honourable Attorney-General of the Federation and Minister of Justice (HAGF) on the exercise of his prosecutorial powers in section 150 and 174 of the 1999 Constitution;
Prepare the policy strategy document for the co-ordination of investigation and prosecution of High Profile Criminal Cases in Nigeria;
Collect the list of High Profile Criminal Cases in Nigeria and assign the cases to prosecution teams;
Scrutinise the proof of evidence and charges in High Profile Criminal Cases in Nigeria before arraignment;
Coordinate investigation activities of High Profile Criminal Cases in Nigeria
Receive and analyse reports from the investigation and prosecution teams engaged to handle High Profile Cases in Nigeria;
Prepare and submit to the HAGF monthly report of High Profile Criminal Cases supervised by the committee;
Serve as liaison between the HAGF and the investigation and prosecution teams engaged to handle High Profile Criminal Cases in Nigeria;
Sensitize the public on the conduct of High Profile Criminal Cases in Nigeria;
Make rules for its proceedings ;

Carry out any other directives issued by the HAGF;
To undertake any other matter incidental to the achievement of the objective of the Committee as approved by the HAGF.

Prosecution Teams
The Scheme will start with twenty (20) Prosecution Teams. The selection of the members of the Prosecution Teams is based first and foremost on competence, integrity, knowledge and experience in prosecution of criminal cases; other qualities include national spread, gender and belief in the vision of government to drive anti-corruption programme of Buhari administration.

In addition, each Prosecution Team has an officer of the Department of Public Prosecution (DPP) in the Federal Ministry of Justice. They are included in each team mainly to help build capacity as they work with the more experienced team leaders, and to serve as liaison officers between the Prosecution Team and the National Prosecution Co-ordination Committee. 

It is one of the cornerstones of the fight against corruption. The Committee shall be inaugurated by His Excellency, Vice President of the Federal Republic of Nigeria on Friday the 27th May 2016 @ 9.30am prompt at the VP Conference Room, State House, Abuja.

N780bn FG Fine Not Intended To Destabilize MTN - AGF

• …Insists on strict compliance with laws and regulations

The Honourable Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN has revealed that it is not the intention of the Federal Government to destabilize MTN as a result of the fine imposed on it by the Nigerian Communications Commission (NCC) due to its contributions to the growth of the nation’s economy, especially through employments.

He however insists that what is imperative is to ensure that corporate bodies operate within the scope of the prevailing regulations and respect the laws of the land within which they operate.

In a statement made available to the media, Special Adviser to the HAGF/MOJ on Media and Publicity, Comrade Salihu Othman Isah revealed that the Minister informed the House Committee on Communications and Information Technology at the National Assembly on Thursday 14th April, 2016 during a public hearing on the MTN fine.

Malami in his response to questions from members of the Committee explained that the case of MTN does not bother on criminality but non-compliance to laws and regulations.

“It is my constitutional responsibility to ensure that laws of the federation are respected and the interest of the business communities protected”, he further hinted, stressing that penalties are negotiable in accordance with the law and public interest.

According to him, “I’m not unmindful that Nigeria is looking for foreign investors, neither unmindful of the fact that many Nigerians are on the employment of MTN. But my major concern is to ensure that the laws of the land are respected”.

Also responding to questions from members of the Committee, the Accountant General of the Federation, Alhaji Idris Ahmed said he opened the FG Asset Recovery Account based on the instructions.

He explained that MTN deposited the N50bn penalty into the said account while assuring that the statement and figure had remained the same and intact.

The Accountant General of the Federation further affirmed that all recovered looted funds and the MTN fine are domiciled in the FG Asset Recovery Account pending conclusions which would eventually be moved into consolidated accounts.

In his closing remarks, the Chairman, House of Representative Committee on Communications, Honourable Saheed Fijabi said the public hearing was reconvened as a follow up to the meeting held on Tuesday to shed more light on grey areas.

According to him, “We are in the change era and that business is not as usual. That’s why we are here to throw more light into this case.”

Stamp Duties: AGF gives EFCC 3 Weeks Ultimatum To Investigate Kasmal’s Involvement

Sen. Buruji Kashamu, The Chairman, Kasmal
International Service Limited

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN has directed the Economic and Financial Crimes Commission (EFCC) to launch an investigation on the involvement of Kasmal International Services Limited and report back to him in three weeks.

Special Adviser to the AGF and Minister of Justice on Media and Publicity, Comrade Salihu Othman Isah revealed this in a press statement released in Abuja and made available to the media on Wednesday.

Isah’s revealed statement that the Minister’s directive is contained in a three paged letter dated 4th March, 2016 and signed by the Director of Public Prosecutions of the Federation, Mr. Mohammed Saidu Diri and addressed to the EFCC chairman.

According to him, the AGF requested that the purported consultancy agreement entered into with Kasmal International Services Limited for the collection of stamp duty from banking and other financial institutions in the country between the Nigeria Postal Service and the company be investigated by the anti-graft commission.

It affirmed that the agreement in question led the Kasmal Group to purport to waive all arrears of remittances owned the Federal Government of Nigeria by Commercial Banks and other Financial Institutions in the Country from 2004 till the commencement of CBN Circular No CBN/GEN/DMB/02/006 of 15th January, 2015.

The spokesman to the AGF and Minister of Justice quoted part of the letter which reads that, “The Chairman of Kasmal International Services Limited is one Prince Buruji Kashamu who is a Senator representing Ogun State in the Senate of the Federal Republic of Nigeria. The Acting Post Master General/Chief Executive Officer of the Nigerian Postal Service is one Mr. Enoch Ade Ogun. 

You may also need to interview Ibrahim Mori Baba, the former Post Master General of the Nigerian Postal Service and B.S Yakubu, Secretary/Legal Adviser of the Nigerian Postal Service respectively in the course of your investigation.”

The Minister recalled that the Nigerian Postal Service is an agency of the Federal Government of Nigeria established by Section 1 (1) & 2 (a) (b) of the Nigerian Postal Service Act, Cap. N127, Laws of the Federation of Nigeria, 2004. 

A total of eleven documents were attached to the letter by the AGF to the EFCC including the Nigerian Postal Service reference No. NIP/LSD/LSA/04/VOL.11/25 dated 30th October 2013; Nigerian Postal Service reference No. NIP/PMG/019/VOL. X dated 06th November, 2013; Nigerian Postal Service reference No. NIP/PMG/019/VOL/XVIII dated 4th, December, 2015; as well as Kasmal International Services Limited letter dated January 16, 2016 to the Post Master General.

Other documents are Kasmal Group letter dated 28th October, 2013; Kasmal International Services Limited dated 21st January, 2016 to Post Master General; Central Bank of Nigeria memo CBN/GEN/DMB/02/006 dated the 15th January, 2016; Nigerian Postal Service reference No. NIP/PMG/113/VOL.1/57 dated 2nd July, 2014 to the Governor of the Central Bank of Nigeria; Nigeria Postal Service reference No. NIP/PMG/019/VOL/XVIII dated 4th December, 2015; Nigeria Postal Service reference No. NIP/PMG/019/VOL.X dated 6th November, 2013 a well as Nigerian Postal Service reference No.NIP/PMG/181/VOL.11 dated 1st February, 2016 to the Honourable Attorney General of the Federation & Minister of Justice.

The document is titled, ‘Request for the Investigation of the Purported Consultancy Agreement for Collection of Stamp Duty from Banking and Other Financial Institutions (BOFI) between Nigeria Postal Service and Kasmal International Services Limited (also known as Kasmal Group) which led Kasmal Group to Purport to Waive all Arrears of Remittances from 2004 till the Commencement of CBN Circular No. CBN/GEN/DMB/02/006 of 15th January, 2015 which Nigeria Postal Service was entitled under Section 89 of the Stamp Duties Act LFN 2004 to Collect as well as the N20 Penalty on Every Such Unpaid Remittance of N50 as Prescribed by the said Stamp Duties Act’.

It concluded that, “In the Nigerian Postal Service reference No. NIP/PMG/181/VOL.11 dated 1st February 2016, the Acting Post Master General of Nigerian Postal Service confessed that there is no formal memorandum of understanding/contract MOU agreement between NIPOST and Messrs Kasmal International Services Limited stating any term of engagement yet Kasmal International Services Limited proceeded to grant a waiver to all Commercial Banks and Financial Institutions by letter dated 22nd December, 2015 all arrears of remittances from 2004 till 1st January 2016 which NIPOST was entitled under Section 89 of the  Stamp Duties Act to collect as well as the 20 Naira penalty on every such unpaid remittances of 50 Naira as prescribed by the Stamp Duties Act.

See also Kasmal International Services Limited letter dated 21st January 2016 to the Post Master General/CEO, Nigerian Postal Service, Abuja. The Honourable Attorney General of the Federation respectfully request that your Commission investigate this matter and submit a Report to him within three weeks of the receipt of this letter”, the Director of Public Prosecution of the Federation directed on behalf of the AGF.

And in an internal memo dated 17th March, 2016 from Okoi Obono-Obla, the Special Assistant to the AGF on Prosecution in his recommendations and advice to the Minister urged him to take over the representation of the Nigerian Postal Service in the Appeal pending in the Court of Appeal.

The subject title of this particular memo is: ‘Review of the Memo dated the 11th March, 2016, From The Post Master General to the Honourable Attorney General of the Federation titled “Further Development Following My Submission to the Honourable Attorney General of the Federation and Minister of Justice in Respect of Correspondences and Agreements Between Kasmal International Services Limited and Nigerian Postal Service which Culminated in the Judgment in Suit No. FHC/L/CS/1462/2013’

In it, Obono-Obla also asked requested the AGF “to take over the representation of the Nigerian Postal Service in Suit No. FHC/ABJ/CS/100/2016 filed by the Kasmal International Services Limited against the Nigerian Postal Service and the Honourable Attorney General and other Federal Government agencies in the Federal High Court, Abuja.”

UK To Assist Nigeria In Prosecution of Money Laundering, Terrorism, Other Technical Cases - AGF

 Abubakar Malami (SAN), Attorney General of the
Federation and Minister of Justice 

Nigeria intends to explore avenues to tap from the expertise of the British government in the prosecution of complex technical cases in the country, especially those bordering on politically exposed people, terrorism, money laundering, human trafficking and other forms of organised crimes.

Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN stated this when he received a delegation of legal experts from the United Kingdom’s Crown Prosecution Service who visited Nigeria for an introductory meeting with him in Abuja last Thursday.

Special Adviser to the Minister on Media and Publicity, Comrade Salihu Othman Isah in a press statement hinted that the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr. Taiwo Abidogun received the delegation on behalf of the Minister. 

He disclosed that the nation would take advantage of the opportunity offered by the UK government to collaborate on the justice sector, with a view to train our prosecutors for better service delivery.

Abidogun assured the delegation led by Mr. Duncan Moass, Deputy Director, International Development, Crown Prosecution Service to report back to the AGF and Minister of Justice the intentions of the British Government for Nigeria.

Speaking earlier, Moass informed that the UK government through the Crown Prosecution Service intends to assist Nigeria in providing technical expertise in complex cases with a view to meet international best practices. 

He said the partnership would assist in tracking terrorism, money laundering and other form of organised crimes, added that institutions like the EFCC, ICPC NDLEA and NAPTIP among others are expected to benefit from the collaboration.

According to him, a British-born Nigerian, Mr. Ayo Awoyungbo who is a leading prosecutor with the Crown Prosecution Service would relocate to Lagos, Nigeria to spearhead the collaboration.

Moass led the delegation comprising Mr. Ayo Awoyungbo and Mrs. Ekanem Bassey, the Governance Adviser of the Department for International Development (DFID).     

They were received by the Mr. Abidogun, Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr. Okoi Obono-Obla, Special Adviser, Prosecution to the AGF/Minister of Justice and Comrade Salihu Othman Isah, Special Adviser, Media and Publicity to the AGF/Minister of Justice as well as a representative of Mr. Mohammed Saidu Diri, Director of Public Prosecution of the Federation.