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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

Two Men Who Chopped Down Iconic Sycamore Gap Tree To Be Sentenced

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Two men who were found guilty of the “deliberate and mindless” act of cutting down one of the UK’s most treasured trees will learn on Tuesday whether they will receive prison sentences.

In May, a jury at Newcastle Crown Court found Daniel Graham and Adam Carruthers, who were formerly friends, guilty of criminal damage for felling the tree at Sycamore Gap in 2023.

The tree, which had stood close to Hadrian’s Wall in northern England for nearly two centuries, was notable enough to be featured in the 1991 Hollywood film “Robin Hood: Prince of Thieves”.

A look back at the Sycamore Gap tree cutting in September 2023 shows how the case, now at the sentencing stage in a Newcastle court, captured national attention.

They were found guilty of two charges: one for destroying the sycamore and another for damaging the Roman wall, which was hit when the tree collapsed.

The court is scheduled to sentence them on Tuesday. They could face up to 10 years in prison. The session is expected to begin at 11:00 am (1000 GMT).

Following the verdict, the National Trust said the “needless felling” had “shocked people around the country and overseas”.

A spokesperson mentioned that the loss was felt most in northeast England, where the tree held deep emotional and cultural significance for many.

Moronic mission

A review of the September 2023 Sycamore Gap tree incident reveals that two men are now awaiting sentencing for destroying one of the UK’s most well-known trees.

Prosecutor Richard Wright explained that the two drove to the area near Hexham in Graham’s Range Rover on the night of September 27, 2023, and cut down the tree using a chainsaw within minutes.

He added that once the tree was down, the men got back in the vehicle and drove back to Carlisle, where they lived.

The prosecution stated that they jointly caused £622,191 worth of damage to the tree and an additional £1,144 in damage to Hadrian’s Wall, the Roman-era structure stretching across northern England.

The sycamore had become an iconic part of the region, drawing millions of visitors over time and being honored with the Tree of the Year award in 2016.

Authorities are now working to determine whether the tree can be regrown using its remaining stump or from its seeds.

According to the National Trust, which owns both the wall and the tree, 49 saplings have been cultivated from the sycamore’s seeds. These young trees will be planted across different UK locations this winter.

A piece of the felled tree, more than six feet long, now serves as the focal point of an art display located near where the original tree stood.

Visitors are invited to see and touch the remaining piece of the tree, and the space is meant to be one where people can come together, reflect, and remember.

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BIG STORY

Akpabio Appeals Judgement On Natasha Akpoti’s Suspension

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Senate President Godswill Akpabio has submitted an appeal in an effort to reverse a federal high court ruling that instructed the senate to lift the suspension placed on Natasha Akpoti-Uduaghan, the senator representing Kogi Central.

The appeal, dated July 14, 2025, was lodged at the Abuja division of the court of appeal.

Akpabio is contesting the July 4 decision issued by Binta Nyako, which labelled Akpoti-Uduaghan’s six-month suspension as overreaching and a violation of her constituents’ rights to representation.

Although the court recognized the senate’s constitutional power to discipline its members, Nyako determined that the duration and severity of Akpoti-Uduaghan’s suspension were excessive. Additionally, the court imposed a ₦5 million fine on the senator for contempt, pointing to a satirical Facebook post made during the trial that allegedly violated an existing restraining order.

In reaction, Akpoti-Uduaghan has lodged her own appeal, disputing the contempt ruling on the basis of jurisdiction. She claimed the court lacked authority to rule on a contempt matter involving actions that took place ex facie curiae — outside the courtroom.

Akpabio’s legal representatives also submitted a cross-appeal, questioning the federal high court’s jurisdiction. They argued that the issue pertains to internal legislative matters, which they believe fall outside judicial oversight as stated in Section 251 of the 1999 Constitution.

In his appeal containing 11 grounds, Akpabio criticised the lower court for dismissing his initial objection and issuing decisions that he believes encroach upon the legislative independence granted by the Legislative Houses (Powers and Privileges) Act.

He argued that processes such as suspensions, statements made during plenary, and senate decisions should not be subject to court review. The appeal further stated that Akpoti-Uduaghan’s case was filed prematurely because she had not yet pursued resolution through the internal processes of the senate, especially through the committee on ethics, privileges, and public petitions, as outlined in the Senate Standing Orders (2023, as amended).

Akpabio also alleged that the trial judge denied him a fair hearing by introducing and deciding on matters such as the alleged excessiveness of the suspension without input from either party. He viewed this as a violation of the court’s impartial role.

Additionally, the appeal criticised the merging of interim reliefs with the main claims, which Akpabio’s legal team argued was a procedural error. They also maintained that the case should have been dismissed for not complying with Section 21 of the Legislative Houses Act, which requires a three-month notice to the clerk of the national assembly before initiating legal proceedings.

Akpabio is requesting that the appeal court accept his case, nullify the federal high court’s decision, and uphold the senate’s disciplinary action against Akpoti-Uduaghan.

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BIG STORY

Natasha Akpoti Fires Back At Akpabio Over Reinstatement Challenge

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Senator Natasha Akpoti-Uduaghan, who represents Kogi Central, has dismissed Senate President Godswill Akpabio’s appeal challenging the Federal High Court decision that reinstated her to the Senate.

Akpabio, through his lawyers, approached the Court of Appeal in Abuja to contest the July 4 verdict by Justice Binta Nyako, which overturned Akpoti-Uduaghan’s six-month suspension and labelled it as “excessive” and lacking legal justification.

The appeal, dated July 14 and registered as CA/A//2025, stemmed from suit FHC/ABJ/CS/384/2025, which Akpoti-Uduaghan filed to contest her suspension.

In his appeal, Akpabio urged the appellate court to nullify the ruling, arguing across 11 grounds that the trial court lacked the authority to interfere in what he described as internal National Assembly matters, which he claimed are not subject to judicial review based on Section 251 of the 1999 Constitution.

He also criticised the court for dismissing his preliminary objection and issuing directives that impacted parliamentary procedures. He insisted that decisions made during plenary, such as suspensions and resolutions, are protected by the Legislative Houses (Powers and Privileges) Act and should not be legally challenged.

According to Akpabio, Akpoti-Uduaghan filed her lawsuit prematurely without first exploring the Senate’s internal grievance process through the Committee on Ethics, Privileges, and Public Petitions, as required by the 2023 (amended) Senate Standing Orders.

He further claimed the trial court denied him a fair hearing by raising new issues — such as whether the suspension was excessive — without input from both parties and then ordering her reinstatement based on that.

Attempts to get an official reaction from Akpoti-Uduaghan were unsuccessful, as she did not respond to phone calls or messages.

When approached at the “Double Minority” documentary screening organised by Daria Media and the MacArthur Foundation, the senator declined to comment on whether she would return to her legislative duties.

When asked about Akpabio’s appeal, she reacted sharply and said, “Did you also ask him to tell you why he appealed it?” before leaving the venue.

It is worth recalling that on February 20, 2025, a dispute erupted between Natasha and Akpabio concerning seating arrangements in the Senate.

Following the incident, she accused him of sexual harassment, including offering favors in exchange for her cooperation on legislative matters.

The Senate’s Ethics Committee rejected her complaint on procedural grounds and suspended her for six months for “unruly behaviour,” denying her access to her office, salary, and security.

On July 4, 2025, Justice Nyako at the Federal High Court in Abuja overturned her six-month suspension, deeming it excessive, and directed the Senate to bring her back.

The court also imposed a N5 million fine on Akpoti-Uduaghan for contempt related to a social media post but emphasized that her constituents had been deprived of representation during her suspension.

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