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Court Nullifies Malami’s Committee On Sale Of Forfeited Assets

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A federal high court sitting in Lagos has nullified the Asset Tracing, Recovery and Management Regulations 2019 for being “an invalid statutory instrument”.

The court further nullified all sales and disposals of assets made by Abubakar Malami, attorney-general of the federation (AGF), under the Asset Tracing, Recovery and Management Regulations, 2019.

Ambrose Lewis-Allagoa, the judge, gave the order on Monday in a suit filed by the Human and Environmental Development Agenda (HEDA) against the AGF.

Malami had signed a new policy titled “Asset Tracing, Recovery and Management Regulations, 2019”, which empowers the federal government to determine procedures that anti-corruption agencies must adopt to manage recovered assets.

In November 2020, Malami set up an inter-ministerial committee for the disposal of forfeited assets, following a directive by President Muhammadu Buhari.

But HEDA, through its counsel, Omotayo Olatubosun, challenged the AGF’s power to set up the committee.

It argued that the regulations conflicted with the Economic and Financial Crimes Commission (EFCC) Act, Trafficking in Persons (Prohibition) Enforcement and Administrative Act, 2015, National Drug Law Enforcement Agency (NDLEA) Act, 2004, and Independent Corrupt Practices Commission Act (ICPC), 2000, among others, on the matter of disposal of final forfeited assets.

The plaintiff sought nine reliefs, including the nullification of all disposals of assets by the AGF’s committee.

In its judgment, the court dismissed the AGF’s preliminary objection argued by Tolu Mokunolu, his counsel, and granted all of HEDA’s reliefs as prayed on the motion paper.

“I am entirely in agreement with the submission of counsels to the plaintiff that the Asset Tracing, Recovery, and Management Regulations, 2019 are contrary to the statutory provisions of the Economic and Financial Crimes Commission EFCC Act, Trafficking in Persons Cohabitation Enforcement and Administration Act, NDLEA Act and Immigration Act,” the judge said.

“A careful perusal of the above statutory provisions will show the provisions for the Attorney-General of the Federation to make regulations for the agencies for disposal of assets under the various enactments listed above.

“The above statutory enactments are therefore the enabling source of the Attorney-General of the Federation to the regulations.

“Consequently, the administrative powers to be exercised by the Honourable Attorney-General of the Federation must flow from the enabling statutes.”

Lewis-Allagoa said the powers of the AGF do not override the provisions of the enabling statutes stabilizing the powers of the law enforcement agencies and anti-corruption agencies.

He said the powers referred to in the commencement clause of the regulations merely are to be exercised by the Acts and not to usurp the mandatory powers vested in the law enforcement agencies and the anti-corruption agencies.

“I am therefore in agreement with counsel for the plaintiff that the executive orders or any other forms of definition can be issued under session 315 of the Constitution; however, they are limited to enactments predating the 1999 Constitution,” the judge added.

“The Acts under Consideration in this instant suit were enacted after the 1999 Constitution and do not fall within the ambit of session 315 of the 1999 Constitution.

“In all and for the reasons hereinbefore given in this judgment, the questions put for determination in the originating summons are answered in favor of the plaintiff, and all the reliefs sought are granted as prayed. This is the judgment of the court read in the open court.”

The plaintiff’s reliefs granted by the judge include a declaration that by the ICPC Act, the Asset Tracing, Recovery, and Management Regulations, 2019 “is an invalid statutory instrument the former having conferred no power arrogated by the Defendant to himself in the latter Regulations;

“An Order nullifying the Asset Tracing, Recovery and Management Regulations, 2019 as an invalid statutory instrument same being over the provisions of the Independent Corrupt Practices Commission Act, 2000

“An Order nullifying all sales and disposals of assets made by the Defendant under the said Asset Tracing, Recovery, and Management Regulations, 2019 same being ultra vires the office and powers of the Defendant.”

BIG STORY

Edo Assembly Suspends All LGA Chairpersons, Deputies For Two Months, Cites ‘Gross Misconduct’

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The Edo House of Assembly has suspended all the chairpersons and their deputies at the 18 LGAs for two months over allegations of misappropriation of funds.

According to NAN, the decision was made during the plenary on Tuesday following a heated debate.

The heads of the various legislative arms have been directed to oversee the running of the councils for the next two months.

The suspension came after a motion was moved by Isibor Adeh, the member representing Esan North-East I, and seconded by Donald Okogbe, the member representing Akoko-Edo Constituency II.

Blessing Agbebaku, the speaker of the house, stated that Monday Okpebholo, governor of Edo, had written a petition to the assembly regarding the chairmen’s refusal to submit the financial records of their LGAs to the state government.

In the letter, Agbebaku said the governor described the action of the chairmen as an act of insubordination and gross misconduct.

He added that the governor requested the House of Assembly to look into the matter.

When the matter came up for debate, 14 members supported the motion for their suspension, six opposed, while three lawmakers abstained.

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BIG STORY

Reps Summon CDS, Army Chief Over ‘Arrest’ Of Miyetti Allah President

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The House of Representatives has summoned Christopher Musa, Chief of Defence Staff (CDS), and Olufemi Oluyede, Chief of Army Staff (COAS), over the alleged arrest of Bello Bodejo, president of Miyetti Allah Kautal Hore.

During Tuesday’s plenary, the parliament instructed Musa and Olufemi to order the “immediate release” of Bodejo from “unlawful detention and apologise to him for infringing on his constitutionally guaranteed fundamental human rights.”

The resolution was passed following the adoption of a motion of urgent public importance sponsored by Mansur Soro from Bauchi State.

Last week, Bodejo’s family reported that he was arrested and detained by officers of the 117 Battalion of the Nigerian Army in Maliya, Nasarawa State.

Suleiman Waziri, Bodejo’s brother, stated that he was arrested over an incident involving some herders and a retired army general in the Tudun Wada area of Nasarawa.

Moving the motion, Soro alleged Bodejo was “arrested in a commando style with no prior invitation or court injunction.”

He further stated that Bodejo has yet to be arraigned in court, one week after his arrest and committal to prison.

The legislator argued that the continued detention of Bodejo constitutes a breach of his fundamental human rights and a violation of sections 34, 35, and 36 of the 1999 Constitution.

The motion was adopted when it was put to a voice vote by Tajudeen Abbas, Speaker of the House.

The Army Chief, Chief of Defence Staff, and the commanding officer of the 177 Battalion are to appear before the committees on Army, Human Rights, and Justice on Thursday.

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BIG STORY

We Recovered N10.9bn VAT, Blocked N5.8bn Fund Diversion In One Year — ICPC Chairman Musa Aliyu

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Musa Aliyu, chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), stated that the anti-graft agency “recovered and remitted the sum of N10.986 billion in value-added tax (VAT)” to the Federal Inland Revenue (FIRS) within one year.

Aliyu made the statement on Tuesday at the commission’s headquarters in Abuja while marking his first year in office.

He highlighted that the commission also recovered N29.700 billion in cash and N10 billion intended for the production of COVID-19 vaccines. Additionally, he noted that the agency secured the final forfeiture of assets worth N2.5 billion and “foreign currency recoveries of $966,900.83.”

“The commission just completed the tracking of 1,500 projects, valued at N610 billion, nationwide under CEPTI Phase 7,” he said.

“The ICPC, under my stewardship, continues to adapt to evolving trends in fulfilling its mandates, including equipping its workforce with digital strategies to combat corruption. The current administration’s anti-corruption agenda and my policy thrust encapsulated in the acronym ‘CARE’ for impact, have further motivated the commission to enhance its tools, approaches, and engagements.”

The ICPC chairman revealed that 851 petitions were processed during the year, with 342 assigned for investigation, 95 fully investigated, 72 cases filed in court, and 16 convictions secured.

“In this regard, we are streamlining our processes to ensure faster and more effective prosecution of cases, leading to the resuscitation of 10-15-year-old cases in courts,” he said.

“As part of its commitment to institutional accountability, the commission assessed 323 ministries, departments, and agencies (MDAs) through its ethics and integrity compliance scorecard (EICS). It also established 80 anti-corruption and transparency units (ACTUs) across MDAs to reinforce its anti-corruption efforts.

“While doing these, the commission stopped the diversion of public funds to the tune of N5.882 billion. The report of the EICS exercise conducted in the middle of this year is ready and will also be released to the media and the public.”

“In the year under my leadership, the ICPC brought together the 36 states’ attorneys-general under one roof to brainstorm and had robust conversations on developing effective strategies that would enhance the commission’s capacity in the fight against corruption at the sub-national level and within the current justice system.”

“This initiative is yielding results as the regional editions of this engagement, aimed at establishing a community of practice and strengthening capacity for corruption prevention, have since started with the north-west conference of attorneys-general.”

Aliyu acknowledged that while the commission has made significant progress, there is still much work to be done. He noted that in the coming year, the anti-graft agency will focus on improving efficiency, enhancing public engagement, strengthening institutional frameworks, and leveraging technology.

Bolaji Owasanoye, former ICPC chairman, encouraged Aliyu to reflect on his first year in office, identify areas for growth, cultivate resilience, and adopt a forward-thinking approach to tackle future challenges.

The ICPC chairman was commended by the anti-corruption agencies of Zambia, Uganda, and Sierra Leone for his efforts in tackling corruption in Nigeria.

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