Zakzaky’s son wants Malami punished for failing to enforce court ruling

The only surviving son of Sheikh Ibraheem Zakzaky, Muhammad, has petitioned the Legal Practitioners’ Privileges Committee and the Nigerian Bar Association (NBA) over the “gross misconduct” by the Attorney-General of the Federation and Minister of Justice, Malami Abubakar, SAN, for failing to enforce the judgment of the Federal High Court, Abuja that ordered the release of his parents.

Muhammad called on the legal bodies to apply appropriate sanctions and punitive measures against the AGF for disobeying an order of the court.

“I fervently call upon the Nigerian Bar Association/Legal Practitioners’ Privileges Committee to enforce and uphold any punitive measures against the AGF, being the Chief law Officer of the Federation and a Senior Advocate of Nigeria, through withdrawals of privileges otherwise due to him for gross misconduct displayed by him, and to urgently act to secure the enforcement of the rights of Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky,” he said.

The two separate petitions noted that Nigeria was under international treaty obligations to ensure compliance with all relevant provisions of the African Charter on Human and People’s Rights.

Muhammad further narrated that his parents had approached the Federal High Court to seek for the enforcement of their fundamental rights to life, personal liberty, dignity of the human person, right to private and family life and private property pursuant to sections 33, 34, 35, 36, 37, 40, 41 and 46(1) & (2) of the constitution of the Federal Republic Of Nigeria, 1999 (as amended) and articles 4, 5, 6, 11 and 12(1) of the African Charter on Human and People’s Rights (ratification and enforcement) act lfn 2010 and order 11, order xi and xii of the fundamental rights (enforcement procedure) rules, 2009.

He explained to both the NBA and the Legal Practitioners’ Privileges Committee that the Federal High Court in Abuja had given judgment in their favour and consequently ordered for their release.

The IMN leader’s son said that rather than comply with the ruling, the AGF has continued to illegally detain his parents, contrary to an order of a court of competent jurisdiction and in contradiction to the Constitution of the Federal Republic of Nigeria.

Recall that Femi Falana, SAN, had petitioned Nigeria’s acting President, Prof. Yemi Osinbajo, SAN, demanding for the immediate release of Sheikh Zakzaky and his wife in obedience to a High Court judgment.


Source: Daily Post

Falana demands release of Gbadamosi, asks Malami to ‘restrain’ DSS

Femi Falana, a senior advocate of Nigeria, says that the Department of State Security Service (DSS), has violated the human rights of Babatunde Gbadamosi by detaining him for over a week.

A statement signed by Falana said that the chieftain of the Peoples Democratic Party was detained by the DSS after he honoured the agency’s invitation in Lagos on Wednesday, February 22.

He called on Abubakar Malami, attorney-general of the federation and minister of justice, to restrain the DSS and other law-enforcement agencies from infringing on human rights of Nigerians.

“Babatunde Olalere Gbadamosi, a chieftain of the Peoples Democratic Party was invited to the Lagos office of the State Security Service on Wednesday last week. As a law abiding citizen he honoured the invitation,” he said.

“Although he was not accused of committing any criminal offence or security breach he was arrested and taken to Abuja for interrogation. Since then, he has been denied access to his family and lawyers by the SSS. By holding him incommunicado the SSS has violated the fundamental rights of the detainee to personal liberty and fair hearing.

“Having regard to the facts and circumstances of his arrest, I am compelled to demand for his immediate and unconditional release from the unlawful custody of the SS. In the alternative, the SSS should charge him to court forthwith if there is evidence that he has committed any criminal offence known to law.”

The lawyer said that even during the military government, arrests and detention of citizens were justified.

“Even under the defunct military junta the arrest and detention of political detainees and economic saboteurs were justified by the military dictators under preventive detention decrees. Notwithstsnding that the obnoxious decrees have been repealed the SSS has continued to breach the fundamental rights of the Nigerian people in utter breach of the relevant provisions of the Constitution which have guaranteed them.

“Once again, I urge the attorney-general of the federation and minister of justice, Abubakar Malami SAN, to restrain the SSS and other law enforcement agencies from infringing on the fundamental rights of the Nigerian people.

“In particular, the attention of police, anti graft and security agencies ought to be drawn to the combined effect of section 35 of the Constitution of the Federal Republic of Nigeria and section 6 of the administration of Criminal Justice Act, 2015 which have prohibited the arrest and detention of any person in Nigeria without due process.”


Source: The Cable

“Explain Why the Naira Is Falling”, AGF Malami queries CBN’s Emefiele

Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), has said there are corruption allegations in the CBN’s foreign exchange allocation and transactions.

Malami revealed that the fraud allegations were “supported by several documents.”

A subtle query issued by Malami to the Governor of CBN, Mr. Godwin Emefiele, demanding “prompt response” to the allegations was sighted.

Malami’s letter, dated Feb. 6, 2017, was sighted with an official, close to the legal unit of CBN.

The letter asked Emefiele to respond to the allegations “to enable us to advise the Presidency and take appropriate measures.”

Titled ‘allegations of racketeering in the Central Bank of Nigeria; disparity in allocation of foreign exchange’, and addressed to Emefiele, the letter was delivered to the CBN governor’s office on Monday.

The minister, in the letter, said he became aware of the corruption allegations through several petitions.

Four major allegations contained in Malami’s letter to Emefiele include alleged corruption in the apex bank’s “foreign exchange allocation transactions.”

The second is “questionable policy” in CBN’s allocation and sale of foreign currency to Nigerians.

The third is “arbitrary allotment of different exchange rates for same purposes” by the CBN.

The last is allocation of conflicting foreign exchange rates by the CBN.

The letter partly read:

“Some of these petitions have been supported by several documents allegedly showing that the central bank has implemented a questionable policy in its allocation and sale of foreign currency to Nigerians.

“It is further alleged that this arbitrary allotment of different exchange rates for same purposes at the same time is being pursued as policy by the Central Bank of Nigeria. See attached documents from Leadershipng publication.

“Also attached is a report of the October 2016, allocation of conflicting foreign exchange rates by the central bank.

“In view of these allegations of corruption and arbitrary allocations of foreign exchange to a certain class of persons, you are kindly requested to comment on these allegations to enable us to advise the Presidency and take appropriate measures as may be dictated by the circumstances of the case.”

Document reveals names and shows how some companies and individuals got foreign exchange in US dollars at the rates as low as low as N0.61 to $1 while others got it in rates that were as high as N470 to $1.

For instance, an individual got $4,327 at the rate of N23.34 to $1 through “credit card payment” for “invisible” purpose and under “invisible sector”.

A bank also got $3,589.11 at the rate of N3.19 to $1 also for “invisible” purposes and under “invisible” sector.

There was a transaction involving sale of $66.72 at the rate of N0.62 to $1.

There was also a sale of $5.56 to a company at the rate of N0.61 also for “invisible” purposes.

A particular transaction also involved the sale of $570.8 at the rate N3.17.

In contrast, there was a company, who purchased $1,462,480.83 at the rate of N425 to $1.

CBN really need to explain what is going on. Our currency and economy is in danger.

President Buhari in meeting with cabinet as AGF concludes report on corrupt officials

President Muhamadu Buhari on Wednesday, January 11, held the second Federal Executive Council meeting with members of his cabinet which is held every fortnight.

Though the meeting is held to discuss and proffer solutions to national issues, this particular edition comes amid reports that the Attorney General of the Federation, Abubakar Malami (SAN) has concluded investigations on allegations of fraud against some top government officials.

The meeting was held inside the council chambers of the Presidential Villa, Abuja with vice president Yemi Osinbajo, chief of staff Abba Kyari, Secretary to Government of the Federation (SGF), Babachir David Lawal and other cabinet members in attendance.

Why FG Is Yet To Arraign Supreme Court Justice, Okoro, others— AGF

The Attorney General of the Federation, Mr. Abubakar Malami, has said that the Federal Government has not dropped the corruption charge it prepared against Supreme Court Justice, John Inyang Okoro and others, but was rather working to consolidate the charges against them.

According to Malami, the charges against Okoro and others yet to be arraigned in court were being strengthened based on new evidence, which needed to be consolidated in order to have a water-tight case against the suspects.

It will be recalled that no fewer than seven judges of the Supreme, federal and state high courts were taken into custody on the night of October 7, 2016 and later granted bail by security agents over allegations of corruption.

Some of them were later separately charged to different courts.

The minister hinted that the Federal Government was busy assembling its witnesses against the accused persons to ensure the speedy conclusion of the matter once charged to the court.

Malami said: “So far, we have not dropped any corruption case against any of the suspects. What has happened however, is that having stumbled on new evidence, we are consolidating the charges so as to present a water-tight case against the suspects and prove to the world that these people are not being witch hunted as being alleged by some persons.

“We are taking that step mindful of the provisions of the Administration of Criminal Justice Act, which require that all our witnesses must be ready before the commencement of trial. We don’t want to give room for any delay once the cases commences.

“In fact, we want to ensure that our witnesses are ready so that once the judge has fixed a date we can proceed to prove our cases against the suspects,” the minister said.

The Cable: AGF Malami asks Ibrahim Magu to respond to DSS allegations.

Abubakar Malami, attorney-general of the federation, has directed Ibrahim Magu, acting chairman of the Economic and Financial Crimes Commission (EFCC), to respond to the allegations levelled against him by the secret police, TheCable understands.


In a letter dated December 19, 2016 and delivered on Tuesday, Malami gave Magu 48 hours to respond to the allegations made by the Department of State Services (DSS) which stalled his confirmation by the senate last week.


DSS had alleged that Magu’s accommodation in Abuja was paid for by a “corrupt businessman” and that he flew first class to Saudi Arabia for lesser hajj, contrary to federal government’s directive to its officials not to travel in the elite cabin.


Magu was also accused of being illegally in possession of confidential EFCC documents when he was a director in 2007.


An official in the office of the attorney-general told TheCable Magu was directed to respond to the allegations in order to give him “fair hearing” before President Muhammadu Buhari decides on the next step.


However, there are also questions as to why Magu was not asked to respond to the DSS allegations before the report was passed to the senate.


The latest move may be an attempt at face-saving by the federal government before dropping the nomination of the police officer, critics say.


There has been no love lost between Magu and the director-general of the DSS, Lawal Daura, who authored the indicting report.


TheCable learnt that top presidency officials hold Magu responsible for various negative online reports against Buhari’s aides following in-fighting in the administration.


The failure of the senate to confirm Magu has led to speculations that there is a gang-up against him by those who are likely to face trial if he becomes the substantive chairman.


It is also said that many will be glad to see the back of Magu because he has been a “thorn in the flesh” of corrupt politicians for over 10 years.

President Buhari Orders Investigation Of Magu, SGF Babachir Lawal

President Muhammadu Buhari has ordered the investigation of top officials of his administration who have been accused of corruption.


A short statement by Mr. Buhari’s spokesperson, Garba Shehu, indicated the president’s directive.


“The attention of the presidency has been drawn to a number of reports in the media, in which various accusations of corruption have been leveled against some top officials in the administration,” Mr. Shehu said in the Sunday statement.


“In that regard, President Buhari has instructed the Attorney General of the Federation to investigate the involvement of any top government officials accused of any wrong-doing. If any of them are liable they will not escape prosecution.”


Although the statement did not mention any specific officials, the Secretary to the Government of the Federation, Babachir Lawal, and the Acting Chairman of the anti-graft EFCC have both been accused of corrupt practices.


Mr. Lawal was indicted by the Senate of making millions of naira of public funds from non-executed contracts in the troubled north-east using one of his companies.  The Senate has since asked for his suspension and prosecution, although he has denied any wrongdoing.


Mr. Magu’s confirmation as substantive chairman was blocked by the Senate last week. The Senate based its decision on a “security report” believed to have emanated from the State Security Service, SSS. A fact-check of the content of the report by PREMIUM TIMES, however, revealed most of the allegations were false.

Malabu Deal: No Evidence To Nail Diezani, Adoke, Aganga- Malami

The minister of justice and attorney-general of the federation, Abubakar Malami (SAN), yesterday said there was insufficient evidence to convict his predecessor, Mohammed Adoke, former minister of petroleum resources, Mrs Diezani Alison- Madueke, and former finance minister, Olusegun Aganga, over the scandalous $1.092 billion Malabu oil deal.

He however declared as fraudulent the payment of $1.092 billion in the Malabu oil deal into an escrow account at JP Morgan, London, by the former ministers, saying the money ought to have been paid into the Federation Account or the Consolidated Revenue Fund.

The AGF, made these comments yesterday, before the House of Representatives ad hoc committee investigating the alleged corruption, malpractices and breach of due process in the award of oil prospecting Licence OPL 245.

He said investigation into the allegations were still ongoing; thus he could not determine whether or not there would be any convictions.

“I don’t have any aggression as far as prosecution is concerned. I can’t, with certainty, jump into the conclusion of indictment. We need to first identify what laws were broken, which will determine what line of investigation we are to pursue.

“What I’m saying in essence is, we are at the stage of investigation and, indeed, even those that are presumably considered to play a role are equally being given an opportunity to make presentations. The investigation is from different perspectives – because of criminality, breach of contract and associated elements,” Malami stated.

The AGF also informed the ad hoc committee that his predecessor, Mohammed Adoke, had not made himself available for investigation but that he had made a written submission to the Ministry of Justice.

“And I invited in that process, my predecessor in office, amongst others. Even though the investigation points to directions that require of him to say a word, he has not made himself available successfully even though written correspondence has been received from him in that respect and direction.

“Honestly I cannot say with precision that we have arrived at a point whereby we have to prosecute. But what we are doing, within the context of investigations, is to see what we can do without ruling out the possibility of prosecution, without ruling out the possibility of revisiting what has been done, and then without ruling out whatever eventually that may come, in terms of doing justice to what obtains as far as OPL 245 is at stake. So, that is the position; we’re at the point of investigation,” the AGF said.

On the way forward, Malami declared that the problem of the country is non-compliance with, or disobedience to laws. He promised the committee that anyone indicted in the Malabu Oil deal would be dealt with dispassionately, no matter the person’s standing in the society.

“We should review the report and see what laws have been provided and breached. It should never be about sentiment, but obedience or compliance to the law in relation to the operations of OPL 245.

“It is not about emotions, or personal interest. It is about obedience and enforcement of the law. It should never be about an individual but about procedure as far as operations of OPL 245 are concerned,” he added.

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SERAP wants Nigeria’s Attorney General, Accountant General jailed

The Socio-Economic Rights and Accountability Project, SERAP, has commenced committal to prison hearings against the Federal Government; Abubakar Malami, Attorney-General of the Federation and Minister of Justice; and Ahmed Idris, Accountant-General of the Federation “for having neglected to obey the order of the court made on Friday the 26th of February, 2016, requiring them to provide SERAP with up to date information on the spending of recovered stolen funds since the return of democracy in 1999.”

The information ordered to be released by Justice Muhammed Idris of the Federal High Court, Lagos include specific details on the total amount of recovered stolen public assets by governments since 1999; the amount that has been spent from the recovered stolen public assets and the objects of such spending; as well as details and location of specific projects on which recovered stolen public assets were spent.

The Form 49 “notice to show cause why order of committal should not be made” was filed at the Federal High Court, Lagos last week by SERAP executive director Adetokunbo Mumuni “following the service on Mr. Malami and Alhaji Idris of Form 48 contempt suit, and the certified true copy of the judgment.”

Mr. Mumuni said, “Despite the service of both form 48 and the certified true copy of the judgment on both the Attorney General of the Federation and the Accountant-General of the Federation they have failed and/or neglected to acknowledge the judgment let alone obey it.”

“It has become painfully clear since the judgment was delivered that this government has no plan to enforce it. It’s dismaying that a government, which builds its reputation on combating grand corruption has not embraced the enormous opportunities the judgment provides to open the book on what exactly happened to recovered loot.”

“It’s absolutely unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if the government ignores and/or fails to abide by Court orders,” Mr. Mumuni said.

The 69-page judgment in suit no: FHC/IKJ/CS/248/2011 signed by Honourable Justice Mohammed Idris reads in part: “Transparency in the decision-making process and access to information upon which decisions have been made can enhance accountability.”

“Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the Constitution is a desideratum to good governance and respect for the rule of law. In a constitutional democracy like ours, this is meant to be the norm.”

“In respect of the SERAP reliefs on recovered stolen funds since return of democracy in 1999, the government had kept mute. Let me say that they have no such power under the law.”

“There is public interest in public authorities and high-profile individuals being accountable for the quality of their decision making. Ensuring that decisions have been made on the basis of quality legal advice is part of accountability.”

“I am of the view and do hold that the action should and does succeed in whole. Documents relating to the receipt or expenditure on recovered stolen funds since return of democracy in 1999 constitute part of the information which a public institution and authority is obligated to publish, disseminate and make available to members of the public. The government has no legally justifiable reason for refusing to provide SERAP with the information requested, and therefore, this Court ought to compel the government to comply with the Freedom of Information Act, as the government is not above the law.”

“Judgment is hereby entered judgment in favour of SERAP against the Federal Government as follows:

A DECLARATION is hereby made that the failure and/or refusal of the Respondents to individually and/or collectively disclose detailed information about the spending of recovered stolen public funds since the return of civil rule in 1999, and to publish widely such information, including on a dedicated website, amounts to a breach of the fundamental principles of transparency and accountability and violates Articles 9, 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act

A DECLARATION is hereby made that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the 1st Defendant/Respondent is under a binding legal obligation to provide the Plaintiff/Applicant with up to date information on the spending of recovered stolen funds, including:

(a) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b) The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c) Details of projects on which recovered stolen public assets were spent

AN ORDER OF MANDAMUS is made directing and or compelling the Defendants/Respondents to provide the Plaintiff/Applicant with up to date information on recovered stolen funds since the return of civilian rule in 1999, including:

(a) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b) The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c) Details of projects on which recovered stolen public assets were spent

It would be recalled that SERAP had on 28 March 2016 sent a copy of the certified true copy of the judgment to Mr. Malami and Mr. Idris urging them to use their “good offices and leadership to ensure and facilitate full, effective and timely enforcement and implementation of the judgment.”

SERAP letter reads in part “Given the relative newness of the Buhari government, the effective enforcement and implementation of the judgment will invariably involve setting up a mechanism by the government to invite the leadership and high-ranking officials of the governments of former President Olusegun Obasanjo, former President Umaru Yar’Adua, and former President Goodluck Jonathan to explain, clarify and provide evidence on the amounts of stolen funds recovered by their respective governments (from abroad and within Nigeria), and the projects (including their locations) on which the funds were spent.”

“SERAP therefore believes that the swift enforcement and implementation of this landmark judgment by the government of President Muhammadu Buhari will be litmus test for the President’s oft-repeated commitments to transparency, accountability and the fight against corruption, and for the effectiveness of the Freedom of Information Act in general.”

The organisation said that, “The enforcement and implementation of the judgment should not be delayed as to do this is to continue to frustrate the victims of corruption in the country since the return of democracy in 1999, and will threaten to undermine the authority of our judicial system.”

Abacha Loot: FG Wins Case As Malami Heads To U.S. Next Week For Repatriation

The Federal Government has won the case to have the country’s money looted by ex-head of state, Sani Abacha repatriated from the United State of America where the fund has been stashed.

This is equally as the Attorney-General, Malami is billed to visit US next week for the fund’s repatriation. This was disclosed, Friday, by the President’s Senior Special Assistant on Media and Publicity, Garba Shehu.

Shehu was reacting to some claims making the rounds that President Buhari had donated USD 500 million to Democratic Hillary Clinton’s campaign in the recently held Presidential elections in U.S which saw the Republican Donald Trump emerge the President-elect.

According to Shehu, Nigeria has no such money to throw around and even if it does have, President Buhari who has zero tolerance for waste cannot do such unjustifiable act. “What is the craziest accusation made against President Buhari?”

“That he donated USD 500 million to Hillary’s campaign and that Donald Trump is angry. This has gone viral, sadly Nigerians are believing it!”

“President Buhari’s Nigeria doesn’t have this kind of money to throw around. Even if the money is there, this President is the least likely person to give it as donation, and for what?”

“As we speak, President Buhari is concluding agreements with the U.S. to return our stolen money in their banks. A FGN account has already been given for the return of one million Dollars from Alamisiegha.”

“Judgement on the USD 480 million Abacha loot has been won and our Attorney-General, Malami (SAN) will be in the US next week to speak to the Department of Justice, USDOJ on the next steps for the return of that as well.”


Why FG set up committee on electoral reform – Malami

The Federal Government has formally inaugurated the 24-man committee headed by former Senate President, Ken Nnamani, to review the 2012 Electoral Act.

During the ceremony at his office, the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, said the setting up of the committee was based on one of the promises made by President Muhammadu Buhari upon his inauguration, where he promised to deepen the country’s commitment to democracy and entrench the culture of an enduring electoral system.

According to Malami, Nigeria’s recent history of electoral practice and the challenges of managing elections require far-reaching measures to build consensus among stakeholders in order to institutionalise critical reforms.

He charged the members to seek possible amendments that would facilitate a generally acceptable electoral system in the country.

“It is my expectation that this committee will look into the possible amendments to the Constitution and the electoral act, as well as other legal instruments concerning elections to facilitate the attainment of a more robust and generally acceptable electoral system,” said Malami.

He added: “I reiterate that this is an electoral reform committee whose responsibility is not expected to end with mere recommendations, but expected by way of consolidation, to come up with a draft executive memo that will be submitted to the Federal Executive Council for approval, and support the same with draft executive bills meant to place our electoral system on a pedestal good enough to accommodate progressive reforms.”

Responding, panel Chairman Ken Nnamani said: “If we get our laws correct and appropriate, there will be a reduction in violence, particularly with regard to our elections.”

He added: “We understand the task ahead because what makes the difference between free and fair elections has something to do with the Electoral Act itself.”

The terms of reference of the committee include review of the laws impacting elections in Nigeria, such as the relevant provisions of the 1999 Constitution (as amended) and the Electoral Act (as amended).

They include a review of recent judicial decisions on election petitions as they relate to conflicting judgments, absence of consequential orders, delay in the issuance of Certified True Copies of judgements as well as harmonization of the electoral act with a view to enhancing the electoral

The committee is expected to submit a report of its recommendations for reforms and draft clauses and provisions to be proposed for legislative action within 10 weeks.