Sagay, Falana condemn Senate’s bid to amend CCT law

The Chairman of the Presidential Advisory Committee against Corruption, Prof. Itse Sagay (SAN), and human rights lawyer, Mr. Femi Falana (SAN), have condemned the move by the Senate to amend the law setting up the Code of Conduct Bureau and the Code of Conduct Tribunal, with a view to whittling down the agencies’ powers.

Femi Falana

The Senior Advocates of Nigeria said the commencement of the amendment of the Act, establishing the CCB and CCT by the Senate, had exposed the intention of the country’s legislators to encourage corrupt practices and shield corrupt leaders from prosecution.

The Senate, on Thursday, passed for second reading, a bill for to amend the CCB and Tribunal Act barely 48 hours after its presentation by the sponsor, Senator Peter Nwaoboshi, (Peoples Democratic Party, Delta North), on the floor of the upper chamber.

It has also set Tuesday next week to begin deliberation on another bill meant to amend the Administration of Criminal Justice Act that will remove the powers of the CCT to try criminal cases.

Both bills were presented on the floor of the upper chamber and read for the first time on Tuesday.

Some observers wondered if the rush to pass the bill to amend the CCB Act was not a ploy by the red chamber to frustrate the current trial of the Senate President, Bukola Saraki, at the CCT.

The Senate President is facing criminal prosecution for alleged false and anticipatory asset declaration during his tenure as the Kwara State governor between 2003 and 2011.

Saraki had instituted serial suits at the Federal High Court in Abuja, where he had challenged the constitution of the CCT to try his case.

He also instituted a suit challenging the jurisdiction of the CCT to try him.

The Senate President pursued the suits to the Supreme Court but lost.

Another of his suits seeks to stop his trial before the CCT on the basis that the trial violated his fundamental human rights.

The court has fixed Friday (today) to deliver judgment on the case.

But Sagay said the move by the senators had exposed the level of lack of moral integrity on the part of the members of the red chamber.

Sagay stated, “It’s a surprise to me, because I really don’t know that our mentality has degenerated to such a level of self-service that the people, who were sent to the National Assembly to make laws for the benefit of all Nigerians, have started a process that will allow a complete crisis; an Act that corruption cannot be prosecuted.

“To me, this is the highest level of shameless misconduct by the generality of the members of the red chamber. Obviously, there is no limit to the level of disgusting things they can do.”

Falana, in his reaction on Thursday, described the proposed amendment of the CCB/T Act and the ACJ Act as an ill wind that would blow no good to those behind it.

Speaking with one of our correspondents on the telephone, Falana said the proposed amendment amounted to a conflict of interest because it was being proposed because of one man.

He, however, pointed out that even if the amendment succeeded, by virtue of the provisions of the constitution, it would not have a retroactive effect, adding that it would not have any effect on cases already pending in court.

Falana said, “Any amendment of the law under the constitution cannot and will not have retrospective effect. The amendment will not have any effect on pending cases in court.

“The excuse being advanced for the devilish agenda is jejune because the CCT, whose members are screened for appointment by the Senate, cannot be said to be under the office of the Secretary to the Government of the Federation.

“The proposed amendment also amounts to a conflict of interest because you cannot, because of one man, amend the law of the land. It will amount to an exercise in futility.”

Another SAN, Mr. Kunle Ogunba, believed it was doubtful that the Senate would want to take such a step, especially in view of the public outcry against corruption in the country.

Ogunba, who said having not seen the provisions of the said bill, he could not give a detailed response, doubted whether any amendment to the CCT Act could affect a trial that was already ongoing before the CCT.

Ogunba said, “Well, I have not seen the provisions (of the bill) and I don’t know if it will have a retroactive effect to the extent that it will affect a case that is already instituted and ongoing.

“For me, it is still a subject of speculation. And I don’t think that the Senate, in view of the outcry that has attended the ongoing trial of the Senate President, will do anything that will further enmesh that august institution in further controversy by passing a law to undermine or terminate the proceedings.

“But if it is true, it is very condemnable.”

In his lead debate, Nwaoboshi said the Act, promulgated in 1989, came into operation in 1991 based on the provisions of the 1979 Constitution.

He explained that the Act captured in the 1999 Constitution had two schedules, dealing extensively with the Code of Conduct for Public Officers.

The Bureau, he said, was vested with power to receive declarations by public officers made under paragraph 12 of Part 1 of the Fifth Schedule of the Constitution and examine the declarations in accordance with the requirements of the code of conduct or any law.

He stated that the CCB was empowered to retain custody of such declarations and make them available for inspection by citizens of Nigeria on such terms and conditions as the National Assembly might prescribe.

Nwaoboshi added that the bureau was meant to ensure compliance with, and where appropriate, enforce the provisions of the Code of Conduct of any law relating to it and receive complaints about non-compliance with or breach of the provisions of the CCB.

He, however, said he was proposing an amendment to Section three of the CCB and Tribunal Act  to give every public officer appearing before the Bureau fair hearing as provided for under Section 36 (2)(a) of the CFRN 1999.

The section, he said, “provides for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person”.

Nwaoboshi said, “In my proposed amendment, the section now looks like this; “The functions of the Bureau shall be to – (a) receive asset declarations by officers in accordance with the provisions of this Act; and (b) take and retain custody of such asset declarations.

“It shall examine the asset declarations and ensure that they comply with the requirements of this Act and of any law for the time being in force if otherwise the Bureau shall invite the public officer concerned and take down his statement in writing.

“It shall receive complaints about non-compliance with or breach of this Act and where the Bureau, having regard to any statement taken or to be taken after such subsequent complaint is made, considers it necessary to do so.

“It shall investigate the complaint and where appropriate, refer such complaints to the Code of Conduct Tribunal established by Section 20 of this Act and the constitution in accordance with the provisions of sections 20 to 25 of this Act.

“From the above, it is clear that sub-section 3(a) has been retained while sub-section 3(c) now becomes sub-section 3(b) and sub-sections 3(c) and (3d) have been altered to give fair hearing, equity and justice to every public officer that is invited to appear before the Bureau in line with the constitutional provision as enumerated above.

“Paragraph 17 of the Third Schedule to the Principal Act is amended by completely deleting same.

“This is because if you look at the caption of the Act, after Code of Conduct Bureau and Tribunal Act, it reads, “An Act to provide for the establishment of the Code of Conduct Bureau and Tribunal to deal with complaints of Corruption by Public Servants for breach of its provisions.

“It is clear that the Act does not contemplate criminal trial so the usage of Criminal Procedure Act and the Criminal Procedure Code should not be used as a procedural template in the Tribunal.”

The senator pledged to present to the Senate, in due course, a comprehensive amendment of the Third Schedule to the Code of Conduct Bureau and Tribunal Rules of procedure which should be the Distinct Rules for proceedings in the CCT.

Senators Dino Melaye, Barau Jubrin, Samuel Anyanwu, Biodun Olujimi, Buka Abba Ibrahim and Ibrahim Gobir, who contributed to the debate, described it as a welcome development, saying the bill deserved the support of all senators.

But the Senator representing Kebbi North, Yahaya Abdullahi, cautioned his colleagues against the passage of the bill at the time when Saraki was facing trial before the CCT.

Abdullahi said, “I just rise to raise a point of caution. I have read and gone through the areas where the amendments are sought and I am not against it, but what I have against is the timing.

“We must be ready on the issue of public perception about the position of the Senate in this regard.

“Perception can be reality, the Nigerian people can easily interprete the action we are taking today to mean that for all these years, a decree, which became law since 1991, is not being challenged until today because our principal officer is standing  trial before the same tribunal.

“I think for the credibility of this Senate, I think we should re-examine whether the timing is right for this bill to go through the second reading or not.”

But the Deputy Senate President, Ike Ekweremadu, who presided over the plenary, ruled out the observation of Abdullahi, arguing that the bill was not meant to frustrate Saraki’s trial at the CCT.

Ekweremadu said, “Let me just say that this bill absolutely has nothing to do with the proceedings going on at the Code of Conduct Tribunal in which the Senate President is involved because his trial has commenced as you are aware.

“If you look at the commencement of the bill of the last paragraph, of course, on the bill which says ‘this bill may be sighted as a code of conduct bureau tribunal Act amendment bill, 2016’.

“That means that the bill is not being made retrospective as to affect the proceedings at the code of conduct tribunal; certainly it has nothing to do with it. We are only doing our work as parliamentarians.”

The senators voted in support of the passage of the bill for the second reading and Ekweremadu referred the bill to the committees on Public Petitions and Judiciary and asked them to report back in two weeks.

Investigations by our correspondent revealed that the bill would eventually be passed in the next two weeks and transmitted to President Muhammadu Buhari for assent.

The Senate is also set to begin deliberation on the bill to amend the Administration of Criminal Justice Act 2015, with a provision to strip the CCT and courts martial and other tribunals in the country.

The bill, sponsored by Senator Isa Misau, and read for the first time on Tuesday, had been slated for deliberation next week Tuesday.

Sagay, Falana condemn Senate’s bid to amend CCT law

Falana threatens to sue Nigerian government for plans to borrow $5.5 billion

An activist and Senior Advocate of Nigeria, Femi Falana, has threatened to go to court if the Muhammadu Buhari administration goes ahead to borrow $5.5 billion from international creditors.

Femi Falana

Instead of taking loans to increase the nation’s debt profile, the Lagos lawyer advised the government to recover the $200 billion allegedly withheld by federal agencies and multinational corporations.

Mr. Falana’s threat was contained in a letter to the Minister of Finance, Kemi Adeosun, dated April 8, with a copy made available to PREMIUM TIMES.

In the letter titled, “Request for the Collection of Outstanding Revenue of $200 billion Withheld from the Federation Account or Stolen by Looters,” the lawyer also warned the government against collecting a $2 billion loan from the Chinese Government.

Following a report that the administration had concluded plans to borrow $2.5 billion from the World Bank and another $1 billion from the African Development Bank, Mr. Falana said he wrote requesting the government to jettison the plan.

In a previous letter dated February 12, addressed to Mrs. Adeosun, the lawyer said he urged the government to explore alternative revenue sources to fund the 2016 budget instead of increasing the nation’s external debt which currently stands at $64 billion.

“In particular, we requested the federal government to embark on the recovery of the revenue of $42 billion withheld from the Federation Account from 1999-2012 by some transnational oil companies, the Nigerian National Petroleum Corporation and other agencies of the federal government,” Mr. Falana wrote.

“In your reply dated March 17, 2016, you (Mrs. Adeosun) assured us that the issues raised in our letter were receiving the attention of the federal government. We were therefore surprised to learn that the administration had applied to the Chinese Government for another loan of $2 billion.

“In urging the Federal Government to desist from taking the loan of $2 billion from China or any other country we are compelled to advise the federal government to intensify efforts to recover the nation’s wealth which has been criminally diverted by a handful of local and foreign looters.”

Mr. Falana urged the government to direct the relevant agencies and the anti-graft bodies to recover the nation’s stolen funds.

He drew attention to the report by the National Extractive Industries Transparency Initiative, NEITI, covering 1999-2012, which indicated that the Nigerian National Petroleum Corporation, NNPC, some oil majors and agencies of the government withheld $20.2 billion for the Federation Account.

He listed other funds being withheld from the federal purse by different agencies and companies and advised the government to compel them to remit such funds to the Federation Account.

“In the light of the foregoing, we are compelled to call on the Federal Government to muster the political will and courage to recover the aforesaid withheld or stolen wealth of not less than $200 billion belonging to the Nigerian people,” Mr. Falana said.

“However, if you (Mrs. Adeosun) refuse to accede to our request, we shall have no alternative than to initiate legal proceedings at the Federal High Court with a view to restraining the federal government from further plunging the nation into external indebtedness.”

Read the full text of the letter below:

8th April, 2016

The Honourable Minister of Finance,

Federal Ministry of Finance,

Ahmadu Bello Way,

Central Business District,

Abuja, FCT.

Dear Honourable Minister,

REQUEST FOR THE COLLECTION OF OUTSTANDING REVENUE OF $200 BILLION WITHHELD FROM THE FEDERATION ACCOUNT OR STOLEN BY LOOTERS

Following a recent report that the Federal Government had concluded arrangements take a loan of $2.5 billion from the World Bank and $1 billion the African Development Bank we wrote to the Administration requested to jettison the plan. In our letter dated February 12, 2016 addressed to your good self we urged the Federal Government to explore alternative sources of raising revenue to fund the 2016 budget instead of increasing the nation’s external debt of $64 billion. In particular, we requested the federal government to embark on the recovery of the revenue of $42 billion withheld from the Federation Account from 1999-2012 by some transnational oil companies, the Nigerian National Petroleum Corporation and other agencies of the federal government.

In your reply dated March 17, 2016 you assured us that the issues raised in our letter were receiving the attention of the Federal Government. We were therefore surprised to learn that the Administration had applied to the Chinese Government for another loan of $2 billion. In urging the Federal Government to desist from taking the loan of $2 billion from China or any other country we are compelled to advise the Federal Government to intensify efforts to recover the nation’s wealth which has been criminally diverted by a handful of local and foreign looters. The Federal Government may wish to direct the relevant agencies and the anti graft bodies to collect the stolen wealth including the following:

(a) The National Extractive Industries Transparency Initiative has confirmed that from five cycles of independent audit reports of NEITI covering 1999-2012 the Nigerian National Petroleum Corporation (NNPC), some oil companies and certain agencies of the federal government had withheld $20.2 billion for the Federation Account. The indicted oil companies and agencies should be made to remit the said sum of $20.2 billion into the Federation Account.

(b) In 2006, the Central Bank of Nigeria apportioned $7 billion out of the nation’s external reserves to 14 Nigerian banks. In 2008, the CBN also gave a bailout of N600 billion ($4 billion) to the banks. The indebted banks should be asked to repay the $11 billion loan.

(c) On September 6, 2016 the Nigerian National Petroleum Corporation (NNPC) announced that arrangements had been concluded to recover the sum of $9.6 billion in over-deducted tax benefits from joint venture partners on major capital projects and oil swap contracts. Since the NNPC is said to have recovered the said sum of $9.6 billion it should be remitted into the Federation Account.

(d) Sometime in 2009, Mobil Producing Nigeria Unlimited applied to the federal government for the renewal of three oil blocks. Upon granting the application the NNPC asked Mobil to pay the sum of $2.5 billion for the renewal of the licences. Curiously, the $600 million paid by the Mobil was accepted by the federal government. One of our clients has requested the EFCC to investigate the circumstances surrounding the fraudulent transaction. The outstanding sum of $1.9 billion ought to be collected from Mobil and paid into the federation account.

(e) From 1998-2014 the Federal Government collected over $4 billion from the over $5 billion stolen from the vaults of the CBN by a former military ruler, the late General Sani Abacha. I have submitted a petition to the Economic and Financial Commission to investigate the alleged criminal diversion of the recovered loot by some former public officers. The governments of the United States and Switzerland have promised to repatriate $458 million and $321 million respectively recovered from the loot.

(f) In 1999, the Abdulsalami Abubakar military junta enacted the Deep Offshore Inland Sharing Contract Decree to give effect to certain fiscal incentives for the oil and gas companies operating in the Deep Offshore and Inland Basin under production sharing contracts. Thus, by virtue of section 5 of the Act, the payment of royalty in respect of the Deep Offshore production sharing contracts shall range from 4 to 12 per cent while no royalty shall be paid whatsoever in areas in excess of 1000 metres depth! Since the 15-year period of for non-payment of royalties expired in June 2014 the should collect arrears of royalties running to hundreds of millions of dollars owed by the oil and gas companies operating in the area.

(g) The $470 million contract awarded to ZTE, (a Chinese company) in 2009 by the federal government for the construction of CCTV cameras in Abuja and Lagos has been abandoned. Hence, the cameras which were installed did not capture the criminals who recently launched bomb attacks in Abuja and killed scores of citizens. Since the contract was not executed the federal government should recover the contract sum of $470 million.

(h) In the Appropriation Act, 2011 the sum of N245 billion was earmarked for fuel subsidy. In violation of the budget law the federal government fraudulently paid out N2.5 trillion ($16 billion) to a cabal of fuel importers. The investigation conducted into the large scale fraud by the Police and the anti graft agencies was compromised due to pressure from the Jonathan administration. The EFCC should revisit the matter.

(i) On July 6, 2012 the Supreme Court of Nigeria set aside the fraudulent sale of the federal government owned Aluminium Smelting Company of Nigeria (ASCON) located in Akwa Ibom state to RUSAL for $250 million and directed the company be sold BFIG, the winner of the bid for $410 million. The federal government should direct the National Council of Privatisation to comply with the judgment. The federal government stands to realise an additional sum of $160 million from the sale.

(j) For contravention of the law on compulsory registration of all SIM cards the NCC imposed a fine of $5.2 billion on MTN last year. Based on plea by the MTN management and the intervention of the Government of South Africa the fine was reduced to $3.9 billion out of which MTN has paid the paltry sum of $250 million. Since MTN has withdrawn the suit challenging the payment of the fine the federal government should take steps to ensure the prompt payment of the outstanding balance of $3.65 billion.

(k) Under the Jonathan administration it was estimated that the nation was recording oil theft worth $7 billion to criminals annually. An investigation being carried out by a team of lawyers hired by the federal government has so far confirmed that hundreds of millions of barrels of oil were stolen by oil companies and shipped to many countries. According to the lawyers the total amount recoverable by the Nigeria Government from the Sellers and Buyers who stole Nigeria’s hydrocarbons and shipped same to the United States from January 2011 to December 2014 stands at US$12.7 billion. Since the verification is programmed to cover 10 years it is estimated that Nigeria can recover not less than $100 billion from the undeclared millions of barrels of oil shipped to the United States and other countries. The EFCC should collaborate with the lawyers to recover the missing fund and prosecute the transnational oil companies involved in the grand oil theft.

(l) On February 20, 2014, President Goodluck Jonathan fired the then Central Bank Governor, Alhaji Sanusi Lamido Sanusi for having the temerity to expose the NNPC for not remitting $20 billion to the Federation Account. Following the reconciliation of the accounts of the NNPC by the federal government the missing sum was said to be $10.8 billion. To douse the tension generated by the scandal the Federal Government appointed a firm of auditors to audit the books of the NNPC. But in a bid to cover up the scandal the Federal Government ensured that the auditors were denied access to vital documents. At the end of the investigation the auditors indicted the NNPC for withholding $1.8 billion from the Federation Account.

(m) Rising from its monthly meeting at Abuja on September 17, 2015 the National Economic Council accused the Nigerian National Petroleum Corporation (NNPC) of failing to remit N3.8 trillion to the Federation Account under the Jonathan administration. The Council set up a committee of 3 state governors to trace the missing fund. Last month, the Auditor-General of the Federation indicted the NNPC for withholding N3.2 trillion from the Federation Account in 2014. The Revenue Mobilisation Allocation and Fiscal Commission has said that ” the total indebtedness of the NNPC to the Federation Account is N4.9 trillion ($32.6).” In its reaction to the allegations the NNPC has challenged the figures but admitted that it has withheld the sum of N326 billion! The federal government should investigate the conflicting figures to determine the actual amount withheld by the NNPC.

(o) The unprecedented looting of the public treasury via the NNPC took place under the rogue regime of President Goodluck Jonathan has continued unabated under the President Buhari who is currently waging a war against corruption. Last week, a firm of auditors revealed that out of the sum of $6.4 billion realised from the sale of crude oil and gas by the Federal Government in the first quarter of 2016 the NNPC remitted only $2 billion to the Federation Account and withheld the colossal sum of $4.2 billion. Up till now the NNPC has not explained how much of the sum of $4.2 billion was spent on its operations in 3 months.

(p) The presidential panel instituted by President Buhari to investigate the criminal diversion of the fund earmarked for procurement of weapons for the armed forces from 2007-2015 has established that over $8 billion was stolen by handful of serving and retired military officers and their civilian collaborators via the Office of the National Security Adviser and the Nigerian Air Force. The Panel is currently probing similar fraudulent arms procurement in the Nigerian Army and Nigerian Navy. The EFCC has commenced the recovery of the said sum of $8 billion and prosecution of individuals and corporate bodies implicated in the criminal diversion.

(q) The United States’ Government has successfully prosecuted Halliburton and its top officials for bribing Nigerian public officers with $180 million and recovered fines of about $1.3 billion. Although no one was prosecuted in Nigeria the federal government about $200 million was paid by Halliburton and other indicted companies through plea bargain.

(r) The sale of the OPM 245 for $1.3 billion otherwise known as malabu oil deal has continued to generate controversy. Allegations of bribery and money laundering are being investigated by the British Police, the Italian Police and the EFCC. Apart from the $210 million signature bonus paid to the federal government the sum of $190 million has been frozen in the United Kingdom and Switzerland. The Italian Police has also frozen $200 million from the proceed of the transaction. The federal government ought to take a final decision on the matter so as to end the controversy surrounding the sale of the oil block.

In the light of the foregoing, we are compelled to call on the Federal Government to muster the political will and courage to recover the aforesaid withheld or stolen wealth of not less than $200 billion belonging to the Nigerian people. However, if you refuse to accede to our request we shall have no alternative than to initiate legal proceedings at the Federal High Court with a view to restraining the Federal Government from further plunging the nation into external indebtedness.

Falana threatens to sue Nigerian government for plans to borrow $5.5 billion

Treasury looters don’t deserve bail, says Falana

A Lagos-based lawyer, Mr. Femi Falana (SAN), says politically-exposed persons facing corruption charges do not deserve bail.

“Since victims of grand corruption including armed robbery and kidnap suspects are not usually admitted to bail, those who are charged with looting the treasury should no longer be granted bail,” Falana said.

While expressing worry that many of the ongoing high profile corruption cases may not be concluded before 2019 when President Muhammadu Buhari would have finished his term, Falana also made a case for the creation of special courts.

The activist lawyer expressed these views in a paper he delivered on Thursday at the roundtable on anti-corruption war convened by the Department of Jurisprudence and International Law, University of Lagos, where he was the keynote speaker.

The roundtable, which was chaired by the Chairman of the Presidential Advisory Committee against Corruption, Prof. Itse Sagay (SAN), had a former Minister of Education, Dr. Oby Ezekwesili, Dr. Femi Aribisala and Dr. Ayo Obe as discussants.

In his paper titled, “Rule of Law and Treatment of Politically-exposed corruption cases,” delivered on his behalf by Mr. Wahab Shittu, Falana said if the Buhari government did not undertake an urgent reform of the criminal justice system, including creating special courts, its anti-corruption war efforts would amount to nothing.

He also took a swipe at the Nigerian Bar Association and the Body of Senior Advocates of Nigeria, who had called on Buhari to respect the rule of law, saying they were not sincere.

He said, “The Body of Senior Advocates of Nigeria has urged the government to fight corruption under the rule of law. On its own part the NBA has censored the Federal Government for violating the human rights of certain suspects. But neither the BOSAN nor the NBA has deemed it fit to caution the members of the legal profession who are determined to frustrate the prosecution of corruption cases.

“As far as both bodies are concerned, human rights are the exclusive reserve of the bourgeois. Hence, the tenets of the rule of law are only invoked when the trial of VIPs is involved, while human rights are violated in Nigeria when the looters of the treasury are arrested and detained for a few days without trial.”

Falana wondered why BOSAN and NBA did not talk of human rights when “70 soldiers were recently tried in camera, convicted and sentenced to death for demanding weapons to fight the well-armed terrorists,” and why the two bodies were not bothered about the plight of “40,000 out of the 52,000 prison inmates who  are awaiting trial under dehumanising conditions.”

In his opening remarks, Sagay lamented that highly-placed Nigerians who were once celebrated are now the same set of people being exposed as “looters, bandits and locusts.”

“I fear that Nigerians may become so sated with this daily diet of financial brigandry that they may no longer feel shocked, disturbed, angered and determined to see justice served on the guilty and their stolen property recovered,” Sagay said.

He linked the daily woes of the country in form of poverty, poor roads, poor power supply, poor health care and so on to corruption.

Ezekwesili, Aribisala and Obe advised the Federal Government to put in place measures that could deter corruption.

Also speaking on Thursday at the special congress and public lecture organised by the Academic Staff Union of Universities, Olabisi Onabanjo University, Ago Iwoye, chapter, Falana said judges who granted frivolous perpetual injunctions in cases of corruption and lawyers who filed for such injunctions were scuttling the anti-corruption war in the country.

Falana, who was the guest lecturer at the event, also attended by the President of ASUU, Isa Fagge, noted that the neo-colonialist nature of capitalism being practised in the country had produced a set of wealthy Nigerians who “are bigger than the nation’s laws.”

He said, “The criminal justice system has been hijacked by the corrupt and looters of the public treasury and their lawyers. It is only in Nigeria that an accused will ask his trial to be suspended.

“Many of the governors who faced corruption charges, their lawyers had asked for their trial to be suspended, and judges granted this. How would a lawyer also plead with a  judge that a criminal should not be arrested?

“Someone who stole millions of naira getting perpetual injunction not to be arrested and prosecuted, lawyers must allow cases to go on.”

Falana, who spoke on the topic: ‘The limits of anti-corruption law’ said there was nothing close to equality before the law in the country, as the wealthy and influential Nigerians get lighter punishment while the commoners get stiffer penalties in the criminal system.

He said, “In Edo State, someone was sentenced to three years imprisonment for stealing bush meat, another one who stole handset in Osun State was also sentenced to seven years imprisonment.

“But corrupt public officials prefer to be remanded in Economic and Financial Crimes Commission’s custody or being remanded in Kuje Prisons.

“Let me tell you, EFCC cells have beddings and mosquito nets, and I have been detained in Kuje Prisons twice, it is one of the best prisons in the country. Why didn’t they take them to Kirikiri or Ikoyi or Ijebu Ode Prisons?

“And whoever have been detained in police cells would know that they sleep on bare floor, and a bucket put at a corner to serve as container for their faeces.”

He noted that with the way the cases of corruption were being handled by the EFCC currently, and given the incessant injunctions being granted, the government might not get more than five convictions.

To tame the lawyers involved in this practice, he called for publication of the names of those being tried for corrupt practices and those of their lawyers.

He specifically asked ASUU to also join in the fight against graft.

Fagge, on his own part, said the universities had deviated from their original role of carrying out research and making it available to the society.

He also noted that corruption had continued to thrive because no one had been brought to book.

Treasury looters don’t deserve bail, says Falana

Falana issues notice to sue FG over foreign loan

A Lagos-based lawyer, Mr. Femi Falana (SAN), has issued a notice to sue the Federal Government in order to compel it to retrieve about $66.5bn government’s recoverable revenues, royalties and levies from some public and private bodies as well as some individuals.

Femi Falana

Falana, in a letter dated February 12, 2016, which was addressed to the Minister of Finance, Mrs. Kemi Adeosun, threatened to file the suit against the Federal Government not later than February 29.

He said his planned suit was necessitated by the minister’s failure to respond to the “serious issues” which he raised in his earlier letter discouraging the Federal Government to go ahead with its plan to obtain $3.5bn loan from the World Bank and the African Development Bank but to instead recoup the recoverable $66.5bn.

His fresh letter issuing the notice of legal proceedings was entitled, ‘Re: Federal Government’s plan to seek $3.5bn emergency loan from World Bank and African Development Bank should be dropped.’

The letter read, “Our letter dated February 5, 2016 in respect of the above subject matter refers.

“Since you have not deemed it fit to react to the serious issues raised in the letter, kindly be informed that we shall commence legal proceedings not later than February 29, 2015 with a view to compelling the Federal Government to recover the said loans, royalties levies and other recoverable revenues of not less than $66.5bn.”

Falana had in his earlier letter to the Minister of Finance, argued that there was no need to obtain a $3.5bn loan to finance the budget when the Federal Government could recover about $66.5bn it was being owed.

The lawyer urged the Federal Government to drop its proposition to obtain the foreign loan, noting that it required the endorsement of the International Monetary Fund, which he said, usually imposes stringent conditions on borrowing countries.

He lamented that the debt profile of the country had now grown to $64bn after it took much effort in 2005 for the country to exit the London/Paris Club after struggling to repay a loan of $12.4bn.

Falana urged the Federal Government to make effort to recover the over $66.5bn accruable to it, rather than obtain loan to finance the 2016 budget.

Falana issues notice to sue FG over foreign loan

Don’t take World Bank loan, Falana tells FG

A Lagos-based lawyer, Mr. Femi Falana (SAN), has warned the Federal Government against obtaining loan from the World Bank to finance the 2016 budget.

Femi Falana

The Federal Government had disclosed plan to borrow $2.5bn from the World Bank and another $1bn from the African Development Bank.

But Falana, who wrote to the Minister of Finance, Mrs. Kemi Adeosun, on Friday, argued that there was no need to obtain $3.5bn loan to finance the budget when the Federal Government could recover about $66.5bn it was being owed.

The lawyer urged the Federal Government to drop its proposition to obtain World Bank loan, noting that it required the endorsement of the International Monetary Fund, which he said, usually imposed stringent conditions on borrowing countries.

He lamented that the debt profile of the country had now grown to $64bn after it took much effort in 2005 for the country to exit the London/Paris Club after struggling to repay a loan of $12.4bn.

Falana urged the Federal Government to make effort to recover the over $66.5bn accruable to it, rather than obtain loan to finance the budget.

According to him, part of the said $66.5bn was the sum of $20.2bn in form of underpayment/underassessment of taxes, royalties, levies and rents, which a former Executive Secretary of the National Extractive Industries Transparency Initiative, Mrs. Zainab Ahmed, called on the Federal Government to recover.

Falana also recalled that there was about $11bn which the Central Bank of Nigeria injected into the banking industry between 2006 and 2008 as bailout to commercial banks, which had yet to be recovered.

Besides these, Falana also recalled that the Federal Government had on September 6, 2015 announced that the management of the Nigerian National Petroleum Corporation was in the process of recovering the sum of $9.6bn in “over deducted tax benefits from joint venture partners on major capital projects and the legacy OPA/SWAP oil contracts.”

He also made reference to the $750m of the late Gen. Sani Abacha’s loot, which the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), said arrangements had been concluded on it to recover.

Finally, he also recalled that the a recent probe by the Senate revealed that the Asset Management Corporation of Nigeria had accumulated about $25bn which, according to AMCON’s Managing Director, Ahmed Kuru, was owed by “big men who fly in private jets, live in big mansions and they have taken money and they are not paying back.”

Falana said, “From the foregoing, you will agree with us that the hapless Nigerian people should not be made to pay for the gross mismanagement of the national economy by the Federal Government and the profligacy of the pampered members of the ruling class.

“Instead of taking a loan of $2.5bn with dangerous conditionalities from the World Bank, the Federal Government should recover the aforesaid loans and revenues of not less than $66.5bn with the assistance of the anti-graft agencies.

“While acknowledging the concerted efforts to recover the looted wealth of the nation through the anti-graft agencies and the Arms Procurement Panel, the Buhari Administration should embark on the immediate recovery of the aforesaid loans and accrued revenues with a view to financing the 2016 budget and the infrastructural development of the nation.”

Don’t take World Bank loan, Falana tells FG

Falana hails Supreme Court, asks Saraki to resign

Human rights lawyer, Mr. Femi Falana, on Saturday asked the Senate President, Bukola Saraki, to resign his position in order to preserve the integrity of the National Assembly.

Femi Falana

The Senior Advocate of Nigeria, in an interview with our correspondent, said the unanimous decision of the Supreme Court would add value to the battle against corruption.

Citing an instance involving a former Senate President, the late Chuba Okadigbo, Falana asked Saraki to resign having undertaken to prove his innocence before the CCT.

He said, “Having undertaken to prove his innocence at the Code of Conduct Trubunal Senator Saraki should resign as senate president so as to preserve the integrity of the National Assembly.

“When Senators Chuba Okadigbo and Adolphus Wabara were indicted they were made to step down as senate presidents.”

This comes amid indications that senators opposed to the Senate President under the aegis of the Senate Unity Forum, had regrouped to force Saraki out of the seat.

The Supreme Court had on Friday dismissed the appeal by the Senate President, Bukola Saraki, challenging the validity of his trial on charges of assets declaration preferred against him at the Code of Conduct Tribunal.

A seven-man panel of the apex court presided over by the Chief Justice of Nigeria, Justice Mahmud Mohammed, unanimously ruled that Saraki’s appeal against the jurisdiction of the trial and competence of the charges lacked merit.

Justice Wallter Onnoghen, who read the lead judgment, held that contrary to Saraki’s contention, the Danladi Umar-led Code of Conduct Tribunal was validly constituted by two members.

Justice Onnoghen also held that the tribunal was by the provisions of its enabling laws and the Constitution conferred with the quasi-criminal jurisdiction and thus could validly issue bench warrant.

He thus held that the Administration of Criminal Justice Act 2015 was applicable to the proceedings of the tribunal.

Saraki, who said the Supreme Court judgment was disappointing, however, said he would have his day in court and that “at the end of the day, truth will prevail and justice will be served.”

Falana hails Supreme Court, asks Saraki to resign

Arms probe: Falana’s petition against Dasuki, Okonjo-Iweala arrives ICC

LAGOS — The  International Criminal Court, ICC, at The Hague has confirmed that it is considering petition submitted to it by a human rights lawyer, Mr Femi Falana, SAN, over alleged crimes against humanity committed in the context of the arms procurement scandal.

Femi Falana

The ICC revealed this in a letter dated February 1, 2016 with reference: OTP-CR-32/16 and signed by Mark P. Dillon, Head of Information & Evidence Unit of the ICC.

The letter read in part: “The Office of the Prosecutor of the International Criminal Court acknowledges receipt of your documents/letter. This communication has been duly entered in the Communications Register of the Office.

“We will give consideration to this communication, as appropriate, in accordance with the provisions of the Rome Statute of the International Criminal Court.”

Falana had in a petition dated January 19, 2016 requested the ICC to “investigate allegations of crimes against humanity committed against the Nigerian people by some former and serving military as well as public officials and private persons who engaged in the criminal diversion of $8 billion earmarked to procure equipment for the armed forces to fight insurgency.”

Arms probe: Falana’s petition against Dasuki, Okonjo-Iweala arrives ICC

ICC PETITION: Okonjo-Iweala’s attacks baseless - Falana

LEGAL Icon, Mr. Femi Falana, has described as baseless and laughable, the response of former Minister of Finance and Co-ordinator of the Economy, Dr. Ngozi Okonjo-Iweala, to his application to the Special Prosecutor of the International Criminal Court, ICC, to investigate allegations of crimes against humanity committed by serving and retired military officers and their civilian accomplices.

Tax, Federal Government, Okonjo-Iweala, Nigeria economy

Pooh poohing Falana, Dr. Okonjo-Iweala had described Falana’s attempt to link her to the controversial $2.1 billion arms scandal as a joke, adding that the lawyer did not have any idea of what the mandate of the ICC was about.

Countering, yesterday, Falana said Okonjo-Iweala’s resort to personal attacks was baseless.

He said: ‘’In my application to the Special Prosecutor of the International Criminal Court (ICC) last week, I requested for investigation into the allegations of crimes against humanity committed by serving and retired military officers and their civilian accomplices. Having diverted over $8 billion earmarked for the procurement of arms and armament for counter insurgency operations I argued that the suspects who aided and abetted the dreaded Boko Haram sect in the barbaric killing of over 25 soldiers and civilians including children and the displacement of 2 million people ought to be prosecuted at the ICC. However, for having the temerity to request the ICC to investigate the crimes against humanity committed by some former public officers who bear full responsibility for the atrocities perpetrated by the terrorist group Dr. Okonjo-Iweala resorted to the scurrilous attack of my person.

‘’Her baseless attack is not unusual as she is always quick to deflect criticisms by accusing anyone seeking to hold her to account for her appalling records in government of ulterior political motives. When Professor Chukwuma Soludo alleged that about N30 trillion could not be accounted for under her watch he was described as “an embittered loser in the Nigerian political space.

”When Comrade Adams Oshiomhole questioned the illegal withdrawal of $2 billion from the Excess Crude Account, he was accused of having animus towards her because she had blocked Edo State from obtaining a loan. Therefore, instead of exchanging vulgar abuse with the former Minister I shall respond to the diversionary allegations which lacerated her response and the attempt to extricate herself from the mass looting of the commonwealth under her watch.

‘’The claim that I am unfamiliar with the mandate of the ICC shows that Mrs. Okonjo-Iweala has not been following the practice of the court and its active and robust approach to its mandates, in particular with regard to the investigation of crimes in Darfur, the warrant of arrest for Joseph Kony (Uganda), and the warrant of arrest for Ahmad Harun (Sudan).

”In many decided cases, the ICC has expanded its mandate to humanitarian issues, aimed at forestalling and impeding the perpetration of crimes which cause gross human rights abuse. There is absolutely nothing in the Rome Statute of the ICC to suggest that the court cannot address impunity for enormous financial crimes (and its crippling impact) which took place while Mrs. Okonjo-Iweala was the Finance Minister and the Coordinating Minister of the economy.

“Dr. Okonjo-Iweala’s claim that I own the Socio-Economic Rights and Accountability Project (SERAP) is far-fetched and laughable. A simple google search would have shown her that while I am one of the legal advisers of the organization, there are other very distinguished lawyers and academics of international repute on SERAP’s board. Her claim that SERAP is ‘discredit’ is the exact opposite of reckless characterization because it is an organization that has won national and international recognitions—including nomination for the UN civil society award; the Ford Foundation Jubilee Transparency Award; and the Wole Soyinka Anti-Corruption Defender Award.”

ICC PETITION: Okonjo-Iweala’s attacks baseless - Falana

Okonjo-Iweala attacks Falana for linking her with $2.1bn arms deal

Former Finance Minister, Dr. Ngozi Okonjo-Iweala, has described as malicious attempts by Lagos lawyer, Mr. Femi Falana (SAN), to link her with the $2.1 billion arms scandal.

Ngozi Okonjo Iweala

Falana had written the International Criminal Court, ICC, asking it to investigate those allegedly involved in the arms deal, including the former National Security Adviser, NSA, Col. Sambo Dasuki (retd.)

Media Assistant to the former minister, Mr. Paul Nwabuiku, said in a statement yesterday:  ‘’The malicious attempt by Lagos lawyer, Femi Falana to mix Dr Ngozi Okonjo-Iweala up in issues that have nothing to do with her in his letter to the International Criminal Court, ICC, is a desperate joke by an integrity-challenged charlatan.

‘’This misadventure shows that the so-called learned lawyer does not have any idea of what the mandate of the ICC is about.

‘’He has resorted to this action because his previous efforts to tarnish her image, through his discredited NGO, SERAP and petitions to the EFCC – failed because they were lacking in credibility.

‘’This latest effort to try to attach her name falsely confirms that Femi Falana is nothing but a tool of corrupt elements whose interests were hurt by the work Dr. Okonjo-Iweala did in fighting corruption while she was in office.

‘’These elements have now made a habit of making false allegations against Dr Okonjo-Iweala whenever she receives any national or international recognition for her work.

‘’The pattern is clear and Nigerians should be alert to it. But Dr Okonjo-Iweala will not be intimidated from going on with her life and performing her duties. She will not give in to cowardly and unmanly bullying.

‘’Falana’s latest attempt to implicate Dr Okonjo-Iweala falsely suggests that he is suffering from an ailment that may be described as Chronic Cerebral Amnesia (CCA) because he simply has no grasp of the facts.

‘’Contrary to Falana’s lies, Dr. Okonjo-Iweala has absolutely nothing to do with the alleged misuse of $2.1billion by the office of the former National Security Adviser. Falana and his sponsors are simply trying to invent a connection where there is none.

‘’The January 20, 2015 memo in which Dr Okonjo-Iweala sought and received the approval of former President Jonathan for the release of part of the newly returned Abacha funds to the NSA for purchase of arms is totally separate from the $2.1 billion issue.

‘’The memo which is now in the public domain speaks for itself. The release of the resources was in response to an approval by the former President following a meeting chaired by him after a committee had considered the request.

‘’The memo clearly documented Dr Okonjo-Iweala’s insistence that the proper procedure be followed, subject to appropriation and according to financial regulations. Dr. Okonjo-Iweala went further to state that the former NSA should account for the funds to the former President since she is not a member of the Security Council.

‘’The attempt to link Okonjo-Iweala to the $2.1 billion issue is therefore dead on arrival.”

Okonjo-Iweala attacks Falana for linking her with $2.1bn arms deal

How Nigerians can help Buhari to recover stolen funds - Femi Falana

Lagos lawyer, Mr Femi Falana, in this interview, speaks on the efforts to recover the nation’s funds looted under the previous administration, saying Nigerians must own the ongoing war against corruption to make it effective.

The war against corruption, can it be described as  cosmetic?

Femi Falana

The war against corruption that is on-going deserves the encouragement of Nigerians, particularly the victims of corruption – soldiers who were deprived of arms to fight Boko Haram, the people seeking medical attention and could not get, the unemployed masses. Nigerians should  own the war because if you simply leave it to government, of course, you cannot remove allegations of prosecutorial selectivity and the rest of them, but  Nigerians should insist that there has to be restitution from those who have stolen from our commonwealth, and reduce our people to a poverty stricken lot. Nigerians must be prepared to wage the war much more than the government.

What specifically are you asking of Nigerians?

When there was no EFCC and ICPC,  in the 1970s, official corruption was fought by the media.   It was a case of  ‘if you Tarka  me I will  Dabor you’.   It was a story of a very powerful minister under the Yakubu Gowon regime, the late  J.S. Tarka and a  business  man, Mr. Godwin Dabor, who went to a Lagos High Court to swear to an affidavit that the minister was corrupt and, from there, the press feasted on it and would not let go until Takar resigned from that government.

But the situation is totally different now.

And because the media is not doing the same thing it did then, it is also being accused of aiding the untoward act.

Now, religious leaders, traditional rulers, and other forces of influence in the country are being accused of corruption and, therefore, Nigerians must own the fight against corruption or we will not get anywhere.

The issue today is that if anybody is accused of corruption, you don’t just leave it to the  EFCC or the ICPC.   We must restore ethical values.   If a man has been found guilty of rigging an election, you do not celebrate him.   Even some of those whose elections have been nullified are still referred to as former governors, as if they were elected.   That is wrong.

I’m not blaming the press.   I belong to a profession that, perhaps, contributes more to the culture of impunity than the media.   All of us have to agree that we have a serious crisis, much more serious than terrorism, kidnapping which are sometimes manifestations of corruption.

This arms  scandal is spreading like wild fire and we have a President who goes out to tell the who world how corrupt we are…

Corruption in Nigeria is more than what  I can tell you. It has reached a dangerous level. In most parts of the world, it is narco-terrorists, drug barons that are associated with moving humongous sums of money round, but what we have in Nigeria is a situation where officials of a modern state, officials of government will invade the central bank of the nation, like armed robbers, and allegedly order that huge sums of money, on one occasion, $37million, in 11 Ghana-Must-Go bags, be taken out of the central bank or you order people to go to the central bank as if you’re operating an ATM machine, to move out huge sums.

We have never witnessed this primitive level of corruption.

But are we so sure of this?   Abacha was accused of same.

In that instance, again very interesting, it was the office of the National Security Adviser that was also used and at a go they didn’t go beyond $100million.   I have the records.

The Accountant General of the Federation reportedly claimed that they had only recovered $2billion from the Abacha loot.

But I have documented evidence that the money recovered from  Abacha  is about $4billion.

$4billion?

Yes, $4billion.

What are the details?

The Abdulsalami Abubakar junta  set up a panel of inquiry and the panel came up with a report that the late General Sani Abacha  stole about $5billion from the CBN, but identified about $1billion, largely removed in cash and that government recovered  and gazetted it. It is Decree 53 of 1999. President Obasanjo continued with the recovery effort.

In the second volume of his book, My Watch, Obasanjo stated, in black and white, that by the time he was leaving  office in May 2007, he had recovered $2billion, 100million pounds sterling and, N10billion.

Now, when the N446billion theft case was going to be withdrawn against Mr. Mohammed Abacha, the Federal Ministry of Justice  issued a statement to justify the withdrawal that this was meant to facilitate the repatriation of looted funds from abroad under the Jonathan administration and we were told that $930million had been recovered and that excluded the $458m that had been seized by the US government.

Even now, Madam Ngozi Okonjo-Iweala, following  a  publication, had now said that in one fell swoop she released $322m to the then NSA and that $700m was expected for development.

When does  this  issue of collecting money from the CBN become an offence?   Is it when it is made public or when someone else takes over power and exposes them or when   court of law adjudicates?

Once those who collected  the money come out  to admit that they collected the money, then it can be used in evidence.

Most of what we are seeing now, we’ve seen before and we are not justifying it?   What raises your hope that this is real?

This one we are seeing now is extremely primitive.

The only hope is that on the part of the government, there appears to be a political will to fight corruption.

You cannot be certain?   You said Jonathan fought corruption.

Whether he meant it or not can be based on the forces against him.

The difference now is that you have a President who says ‘I will not cover up for anybody’, there is a difference between that and another who tries to rationalise the difference between corruption and stealing.   You allow people have a field day in terms of mismanaging the nation’s resources.   Or a President who says he was in Kenya for a week and a number of private jets accompanied him so much so that Kenyans were debating the level of prosperity of Nigerians. In that situation, you are likely going to have a problem with fighting corruption.

In 2008, the Yar’Adua regime simply tried to  decapitate the EFCC.

It was so bad that I know of a governor who was on trial who sent  an  aide to head a  division of the EFCC. It was that bad.

What about the Halliburton case?

Good.   An Attorney General once told the British  people that ‘you cannot cry more than the bereaved and that the so called money stolen is Nigeria’s money’.   And other countries simply said ‘these guys are not serious’.

What about the people involved in the Halliburton case?

The Halliburton case went to court.   A  former NBA  President prosecuted the matter and because the last administration did not mean to prosecute, after about a year, the court struck out the matter for want of diligent prosecution.

A  former American Vice President, Dick Cheney, who was head of Halliburton, was charged here but the case was never mentioned and  the case was struck out.

The US government made about $1.3billion from fines imposed on those who bribed the officials.   In Nigeria, I think we made just about $120million.

In the US, all the suspects were prosecuted but here, because there was no political will, the case was bungled.

Nigerians must insist.

Some  people don’t believe this government has the will to handle the Halliburton case because it is seen as untouchable.

The Halliburton case is bigger than this administration, I must tell you.

President Buhari went to the US and told Obama that over $150billion had been stolen from Nigeria and the country would need the help of Western countries to get the money back for development.   And the heads of those governments have said ‘we will collaborate’ and Halliburton case is one of the cases that have  to be re-opened.

Why is it beyond this government?

You are asking for assistance from foreign countries, all those cases in which they have prosecuted people in their countries and you say you will not re-open the cases here.

It is like asking for assistance from people in the recovery of your looted wealth while you are turning blind eyes to the same cases.

This country can make over $2billion from the Halliburton case and, apart from the fines, the banks involved can also be fined for warehousing looted funds or funds from bribery.

What is the role of  banks in all of this?

I have often challenged Transparency International and Western countries that accuse us of corruption because it takes two to tango.   If you make it impossible for the financial institutions to warehouse the funds from corrupt practices, it would not be this high because the monies will not leave the country, then you can domesticate it.

But where banks abroad – and in this instance – some of the funds removed from the CBN have been located in foreign banks and you must pursue them and charge them to court for violating money laundering laws in your countries and you cannot just say you are returning money that was warehoused in your bank and, therefore, we must clap for you.   What about the interests?   What about the costs and damages suffered in the process?

There has to be a dedicated account for all the funds that are recovered so that, at the end of the day, it will not be like the Abacha loot that has been re-looted.

What roles will the court play

There is no doubt that the courts are the theatre of this war.   No matter what EFCC and ICPC do, the courts must be prepared to change because a new attitude is needed.

Why do you say so?

Between 2003 and 2007, nobody standing trial for serious case of fraud  was granted bail. None.   Go and check.

Was it because the cases were not bailable cases or what?

No.   The courts looked at the gravity of the offences but with Ibori’s case, in December 2007, the policy changed and so, today, it has become automatic that people get bail easily.

For instance, since 1970, no armed robbery suspect has been admitted to bail in this country.   The same policy can be applied to terrorism cases because of the dangerous implications of such offences.

We must look at the effect of corruption on the society and have a new thinking.

The Supreme Court has given leadership on the cases of corruption.   There were cases attempting to nullify the laws setting up the ICPC and the EFCC, but the Supreme Court refused. But when you have High Courts now granting perpetual injunctions.

So what is the place of the NASS in terms of oversight function?

In all fairness, Senate President Bukola Saraki said something last week to the effect that if the NASS had carried out genuine oversight function, this scandal may have been avoided.   I agree with him.

Military/Shiite killings.

When the killings in France occurred, our President was one of those who condemned it.

I also expected this time around that our President would have condemned the mindless killings in Zaria.   It was uncalled for.

There must be a civilised way of controlling crowd since we are agreed that people have a right to protest; you must learn to respect that  right.

Unless  government comes out to insist that any member of the armed forces or security agencies that causes embarrassment to government or  violates peoples rights and the cases go to court and damages are awarded against  government, that the officers have to bear part of the responsibility, our armed forces will not respect anything.

In three cases, Odi, Zaki Biam and Gbaramatu, the Federal High Court  a warded damages of over N200b against the government.

They still have the colonial training as set up pre-independence. We still call ours our police force whereas other nations call theirs police service.

 This interview was first aired on Channels TV

How Nigerians can help Buhari to recover stolen funds - Femi Falana

Zaria killings: Prosecute Buratai, others - Falana urges Buhari

A human rights lawyer, Mr. Femi Falana (SAN), on Wednesday urged President Muhammadu Buhari to ensure that the Chief of Army Staff, Lt. Gen. Tukur Buratai, and other soldiers, who took part in the violent attack and arson in Zaria, Kaduna State, in which scores of members of the Shi’ite movement were killed, were prosecuted.

Femi Falana

Falana, in a statement titled, ‘Armed soldiers who attacked Sheik Ibrahim El-Zakzaki should be prosecuted,’ also called on the Inspector-General of Police, Mr. Solomon Arase, to allow detainees arrested with respect to the December 13 clash between the army and the Shi’ites have access to their family members, doctors and lawyers.

The lawyer reminded the police and the Army authorities that in the 1996 case between the late Chief Gani Fawehinmi and the late Gen. Sani Abacha, the Court of Appeal had ordered the Attorney-General of the Federation, the Inspector-General of Police and the operatives of the Department of State Services to allow the late Fawehinmi’s wife and personal physicians to have access to him in prison “at all reasonable times.”

Falana said, “It is pertinent to remind the army and police authorities that even under a repressive military junta, the right of access to detainees was fought and won in Nigeria. Thus, in Chief Gani Fawehinmi vs General Sani Abacha (1996) 5 NWLR (PT 447) 198 at 202, the Court of Appeal ordered the Attorney-General of Federation, Inspector-General of Police and the operatives of the State Security Services to allow the wife and personal physicians of the appellant, a political detainee, to have access to him in prison custody ‘at all reasonable times.’

“In requesting the Inspector-General of Police to allow access to the detainees, his attention ought to be drawn to Section 14(2) of the Administration of Criminal Justice Act which provides as follows:

“A person who has the custody of an arrested suspect shall give the suspect reasonable facilities for obtaining legal advice, access to communication for taking steps to furnish bail, and otherwise making arrangements for his defence or release.

“In the light of the foregoing, we urge the police boss to allow the detainees access to their family members, personal physicians and legal practitioners at all reasonable times. Having undertaken to end impunity in the country, President Buhari should ensure that the Chief of Army Staff and all the soldiers who took part in the violent attack and arson in Zaria are brought to book without any further delay.”

Zaria killings: Prosecute Buratai, others - Falana urges Buhari

$6 billion arms scandal: Suspects detention is legal – Falana

Lagos lawyer, Femi Falana (SAN) has said that the Economic and Financial Crimes Commission (EFCC) did not commit any illegality for detaining suspects arrested in connection with the $6 billion arms scandal.

Femi Falana

Falana, in a statement titled, “$6 billion arms gate: suspects’ rights not violated” issued Sunday contended that “the detention of the suspects is in strict compliance with the rule of law”.

He was reacting to criticisms against the commission and the government that the detention of the suspects by the commission was an act of illegality.

The erudite lawyer drew the attention of the critics to sections 293-299 of the Administration of Criminal Justice Act, 2015 (ACJA) which stipulate that a suspect arrested for an offence which a magistrate has no  jurisdiction to try, shall within a reasonable time, be brought before a magistrate court for remand.

He stated that “the order which shall be for a period not exceeding 14 days may be further extended provided that if the investigation is not concluded within 28 days the court may summon the appropriate authority to show cause why the suspect should not be unconditionally released.

“Suspects who are remanded in custody are at liberty to ask for bail or apply to the appropriate high court to secure the enforcement of their fundamental right to personal liberty. In view of the clear and unambiguous provisions of the law it is misleading to insist that a magistrate court lacks the power to grant the application filed by the EFCC for the detention of the criminal suspects.”

He recalled “last week, some of the principal suspects implicated in the probe of the $2.1 billion and N643 billion arms gate were nabbed by the Economic and Financial Commission.  Pursuant to the ex parte orders validly issued by the courts the suspects have since been detained for the purpose of investigation. But in a desperate move designed to divert the attention of the Nigerian people and the international community from the grave allegations of reckless and criminal diversion of the public funds earmarked for arms procurement to prosecute the war on terror, some reactionary politicians have accused the Buhari administration of engaging in impunity for detaining the suspects beyond 48 hours without trial.

He also recalled that a senior lawyer had said that “a magistrate court has no power to issue a holding charge warrant.”

But Falana urged the Muhammadu Buhari administration to ignore the reckless campaign of calumny of certain people  who have lost their sense of shame pointing out that as far as they are concerned the suspects should be left alone to enjoy their loot while soldiers are losing their precious lives due to lack of adequate weapons.

He rather counseled the federal government to ensure that all individuals and corporate bodies indicted in the criminal diversion of public funds are made to face the full wrath of the law.

“The anti graft agencies should disregard the cheap blackmail, speed up  the investigation and charge all indicted suspects to court while the courts are enjoined to conduct the trial of the suspects under the ACJA which requires that the trials be conducted day by day. The federal government should open a dedicated account to warehouse the recovered loot with a view to using the fund to provide equipment for the armed forces, create jobs for our army of unemployed graduates and fix our dilapidated public schools, hospital and roads.

“However, it is pertinent to correct the error in respect of the extent of the amount of money involved in the arms gate. The well publicized $2.1 billion is the foreign component of the loot. The actual amount stolen is $2.1 billion and N643 billion. The total missing fund is $6 billion.

“In the light of the earth-shaking and ear-aching revelations oozing out of the EFCC to the effect that a handful of individuals cornered and shared the huge fund earmarked for the procurement of military hardware to prosecute the war on terror all the convicted military officers and soldiers who have been convicted including the 70 who were sentenced to death should be released forthwith.

“As I have repeatedly maintained the soldiers were committed and sentenced to death for asking for weapons to fight the terrorists. They were ordered to fight with unserviceable equipment on the ground that there was no money to purchase new weapons. In the process, the well-equipped insurgents routed and massacre thousands of the country’s ill-equipped soldiers due to the diversion of the fund set aside to purchase equipment. The suspects must bear full responsibility for committing such grave crimes against humanity.

“Consequently, pursuant to the Freedom of Information Act, 2011 we have applied for a certified true copy of the report of the arms procurement panel with a view to ensuring that some of the  suspects are prosecuted by the Special Prosecutor  of the International Criminal Court for crimes against humanity,” he added.

$6 billion arms scandal: Suspects detention is legal – Falana

Saraki: Sagay, Falana reject NBA’s apology to Supreme Court

The President of the Nigerian Bar Association, Mr. Augustine Alegeh (SAN), on Wednesday apologised to the Supreme Court on behalf of some lawyers who criticised the apex court for halting the trial of Senate President Bukola Saraki on charges of false assets declaration before the Code of Conduct Tribunal.

Alegeh tendered the apology during his address at the valedictory court session held at the Supreme Court complex in Abuja in honour of retiring Justice John Fabiyi, who attained the mandatory retirement age of 70 on Wednesday.

“We apologise on behalf of our colleagues who have been criticising this court in the media. We have written letters to the lawyers concerned to say it is unacceptable,” Alegeh said while ending his address at the occasion.

Some prominent Senior Advocates of Nigeria, including Prof. Itse Sagay, Chief Adegboyega Awomolo and Mr. Femi Falana, as well as another Lagos-based lawyer, Mr. Jiti Ogunye, had led the debate on the ruling of the Supreme Court granting an order of stay of proceedings of Saraki’s trial before the CCT, describing the apex court’s ruling as illegal.

They faulted the ruling of the Supreme Court panel, which was led by retiring Justice Fabiyi, on the grounds that it contravened the provisions of sections 306 and 396 of the Administration of Criminal Justice Act 2015, which abolished granting an order of stay of proceedings in criminal matters.

Bukola Saraki

In their reaction to the apology tendered on their behalf by the NBA president, Sagay, Falana and Ogunye, said the apology was not for them as they had done nothing wrong to the Supreme Court.

Sagay said, “I have not got any letter from him. I don’t know what he himself has done. Definitely, I have not done anything for which to apologise. Again, I don’t want to be unfair to him, since you are reporting it.

“If he actually said he apologised on my behalf, I’m saying that may be he is making a mistake, he is apologising on behalf of himself. I have done nothing for him to apologise on my behalf.”

Also, Falana expressed surprise at the apology tendered on behalf of the lawyers by Alegeh, saying it was baseless.

He said, “I am flabbergasted to learn that the President of the Nigerian Bar Association, Mr. Austin Alegeh, SAN, has apologised on behalf of those of us who have had cause to criticise the ruling of the Supreme Court on stay of proceedings. There was no basis whatsoever for the apology. I never offended the Supreme Court or any of its individual members for whom I have my profound respect.

“Instead of bellyaching over this matter, Mr. Aleghe ought to have tendered the apology on behalf of his friends who recently walked out of the Code of Conduct Tribunal after they had openly accused its members of engaging in “judicial rascality” for rightly dismissing the illegal application for the indefinite suspension of the trial of the defendant in the case of FRN v Dr. Bukola Saraki. Even though he is not a member of the Disciplinary Committee of the legal profession, Mr. Aleghe gave them a clean bill of health.

“Mr. Alegeh has never written any letter to me, either as the President of the NBA or in his personal capacity. If he eventually does I shall let him realise that in criticising the revered members of the Supreme Court I drew inspiration from the epochal words of Fabiyi J.C.A. (as he then was) in the case of   Ekwenugo v. Federal Republic of Nigeria (2001) 6 NWLR (PT 708) 171 where his lordship observed inter alia:

“Nigerian judges do not operate in utopia. We operate in Nigeria. And no Nigerian judge can rightly claim he has not heard that Transparency International rates our nation-state as the most corrupt in the whole universe in the year 2000. This is ear-aching.”

Also, Ogunye described Alegeh’s apology as rather unfortunate.

He said, “The apology credited to the NBA president on this matter is rather unfortunate in so far as I am one of the lawyers that commented on the ruling of the Supreme Court in the case of Saraki and the Federal Republic of Nigeria.

“I want to believe that he didn’t have me in mind. Maybe he was talking about other lawyers and if he did have me in mind, the apology is for him and not me. And if I knew the other persons too well, I will also say that that the apology will not apply to them.”

Meanwhile, a Senior Advocate of Nigeria, Alhaji Abdullahi Ibrahim, who spoke on behalf of the Body of SANs at the valedictory court session, charged judges to report lawyers who tried to unduly influence them to appropriate authorities, saying such erring lawyers would be kicked out of the legal profession.

He said the body rejected any plan for the establishment of special courts to try corruption cases, saying that it would not solve the problems unless “judges who know the law and are conscious of their public functions” were in place.

Abdullahi said, “There are stories of counsel going around trying to influence the bench. I think the time has come for the judiciary and its members to stand up and be counted in the fight against corruption.

“I do not see any reason why judges should not report to the appropriate body any lawyer who goes beyond his professional calling and engages in acts calculated at perverting the course of justice.

“I am sure that the bar and the entire legal profession will not hesitate to show the counsel, irrespective of status, the way out.”

“I do not believe that we need any special court for corruption cases. The existing courts can effectively handle corruption trials if there is compliance with the practice direction made by the Chief Justice of Nigeria in 2013 and the new Administration of Justice Act.”

“One is tempted to ask, if we create a special court for the purpose of trial of corruption cases, are we going to create special judges, special investigators, special prosecutors and special defence lawyers? Will those sets of investigators, prosecutors, judges, and defence lawyers be from the moon? Does delay in criminal case only?” he asked.

Saraki: Sagay, Falana reject NBA’s apology to Supreme Court

Falana dares Daudu over contempt proceedings threat

A Senior Advocate Nigeria, Mr. Femi Falana, has challenged the lead counsel for the Senate President Bukola Saraki, Mr. Joseph Daudu (SAN), to go ahead to initiate the contempt proceedings which he threatened against lawyers who had criticised the ruling of the Supreme Court, halting Saraki’s trial before the Code of Conduct Tribunal.

Femi Falana

Falana said in a statement on Tuesday that the contempt suit threatened to be initiated by Daudu would enable him to join issues with lawyers who were allegedly fond of manipulating the criminal justice system to favour members of the ruling class that are facing trial for “grand corruption”.

Defending the rights of every Nigerian citizen to criticise any decision of the Supreme Court, he cited the provisions of Section 36 of the Constitution and past decisions of the apex court which he said had “always appreciated constructive criticism of its decisions, having regards to their finality and overall impact on the nation’s legal system”.

He said what was not allowed was to “scandalise” a court or level allegation of misconduct against judges without any proof, even as he accused Daudu of having more than any Nigerian lawyer, “consistently lampooned sitting and retired judges for engaging in massive judicial corruption without supplying any scintilla of evidence to substantiate his claim.”

He recalled that the Federal High Court had freed a former Governor of Delta State, James Ibori, on the basis of preliminary objection raised by his (Ibori’s) legal team, led by Daudu, only for him (Ibori) to be later convicted by a British court to the embarrassment of the nation.

Falana explained further that following the concern expressed by the Federal Government over “the manipulation of the legal system by politically exposed persons”, heads of Supreme Court, Court of Appeal and the Federal High Court had issued various practice directions to fast track trials and appeals arising from corruption, money laundering, human trafficking, kidnapping, rape and terrorism cases.

He said the practice directions issued by the courts predated by the enactment of the Administration of Criminal Justice Act 2015, which in its sections 306 and 396 completely abolished granting of stay of proceedings with respect to criminal cases.

He said, “It is abundantly clear from the foregoing that the Federal High Court and both appellate courts in the country had, before the enactment of ACJA, adopted measures to discourage parties and their counsel from resorting to interlocutory appeals to frustrate the hearing and determination of cases of economic crimes and terrorism.

“To that extent, it is of no moment to insist that the abolition of stay of proceedings and interlocutory appeals by the ACJA is illegal and unconstitutional.

“Therefore, the contempt proceedings being initiated by Mr. Daudu will certainly provide an opportunity for me to join issues with the lawyers who are manipulating the criminal justice system to shield members of the ruling class from prosecution for grand corruption while indigent suspects are railroaded to jail over minor economic offences.”

Falana also accused a former President of the Nigerian Bar Association, Mr. Olisa Agbakoba (SAN), and Chief Mike Ozekhome (SAN), of being hypocritical in their argument that the provisions of the ACJ Act were not applicable to the Supreme Court, having held contrary opinion as members of the Committee on Law, Judiciary, Human Rights and Legal Reforms of the 2014 National Conference.

He said, “With respect, the contributions of some senior counsel to the debate smack of hypocrisy. For instance, both Messrs Agbakoba and Ozekhome and I were members of the Committee on Law, Judiciary, Human Rights and Legal Reforms of the 2014 National Conference. The committee headed by the Honourable Justice George Oguntade (retd.) had recommended, inter alia, the establishment of a special anti-corruption court, devoid of niceties and technicalities of the conventional courts, such as preliminary objections and interlocutors appeals.

“The recommendations and several others on judicial reforms were unanimously adopted by all conference delegates. Although an anti-corruption court has not been created, the recommendations of the National Conference on the abolition of stay of proceedings and interlocutory appeals in criminal proceedings have emerged as sections 306 and 396 of the ACJA. All the lawyers who had campaigned for the abolition of interlocutory appeals are morally stopped from questioning the legal validity of the relevant provisions of the ACJA.

“Those colleagues who think, rather erroneously, that they are defending the Supreme Court ought to be reminded of the state of the law on stay of proceedings before the enactment of the ACJA.”

Falana dares Daudu over contempt proceedings threat

Falana petitions Chief of Army Staff over unjust treatment on three soldiers

Human rights lawyer, Mr. Femi Falana (SAN), has petitioned the Chief of Army Staff, Maj.-Gen. Tukur Buratai, over ‎alleged unjust treatment meted out to three groups of soldiers who are either being currently prosecuted or convicted at the General Courts-Martial.

Femi Falana

Falana, in his petition dated September 5, 2015, is asking for the review of the cases of the three groups of soldiers, on the provisions of section 149 of the Armed Forces Act and section 42 of the Constitution.

The petition addressed to Buratai’s office was titled, “Petition brought pursuant to section 149 of the Armed Forces Act and section 42 of the constitution for the review of the cases of convicted officers and soldiers and others who are on trial.”

‎The lawyer argued that the judgment of the courts-martial sentencing some soldiers to death for mutiny constituted grave injustice in view of the “belated” revelation by the immediate past Chief of Defence Staff, Air Marshall Alex Badeh (retd.), “that the armed forces led by him lacked the equipment to fight the insurgents in the North -East region.

The statement read in part, “Following the commendable decision of the Buhari Administration and the military authorities to reinstate 3,032 officers and soldiers who were illegally dismissed from the Nigerian Army last year, we have been instructed by three groups of officers and soldiers to appeal to your good self to review the unjust treatment meted out to them over their role in the prosecution of the war on terror. The three groups are:

“The 70 soldiers who were convicted and sentenced to death in September and December 2014 by two General Courts-Martial whose findings have not been confirmed.

“Scores of officers and soldiers who were convicted and sentenced to various terms of imprisonment by General Courts-Martial.

“Senior officers and soldiers who are currently being prosecuted in Special and General Courts-Martial in Lagos and Abuja respectively.

“As you are no doubt aware, the convicts and the suspects undergoing trial are alleged to have committed mutiny, cowardly behaviour, loss of equipment, failure to perform military duties and sundry offences.

“In the course of the concluded trials, it was established that the said offences arose from the negligence of the authorities to provide adequate weapons for the armed forces in line with section 217 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

“In other words, the only “offence” proved against the convicts by the Prosecution was that they had the temerity to ask for weapons to fight the war on terror.

“In view of the grave injustice which informed the conviction and sentences passed on the officers and soldiers by the Courts-Martial we made a passionate appeal to the Army Council and the immediate past Chief of Army Staff, General Kenneth Minimah, not to confirm the iniquitous findings.

“But for some inexplicable reasons, the findings were not reviewed as the record of proceedings of the Courts-Martial were not transmitted within 60 days from the date of the verdict.

“Thus, by refusing to confirm and promulgate the findings the convicts have been denied the opportunity to file any appeal against the convictions and sentences at the Court of Appeal in line with section 175 of the Armed Forces Act.”

Falana petitions Chief of Army Staff over unjust treatment on three soldiers

Falana raises the alarm over sacking of 290 soldiers

Human rights lawyer, Mr. Femi Falana (SAN), on Thursday raised the alarm over the sacking of a total of 290 soldiers by the Nigerian Army.

Falana said in a statement that ‎the letter of dismissal were distributed to the affected soldiers in Jos, Plateau State, and Ibadan, Oyo State, on Wednesday.

‎He said the soldier were sacked for charges of cowardice and failure to fight Boko Haram sect without trial before any court martial as stipulated in the Armed Forces Act.

He said the recent sacking of the 290 soldiers who were merely subjected to orderly room trial where they all pleaded not ‎guilty to the charges levelled against him, was similar to the circumstances under which a batch of 200 soldiers were sacked in December 2014.

‎The senior advocate said, “I have just confirmed that a total of 290 soldiers were dismissed yesterday by the Authorities of the Nigerian Army.

“The letters of dismissal were distributed in Jos, Plateau State and Ibadan, Oyo state. Before the dismissal, the soldiers were subjected to orderly room trial.

“Even though they pleaded not guilty to the charges of cowardice and failure to fight the Boko Haram sect, the dismissed soldiers were not tried by any court-martial in line with the provisions of the Armed Forces Act.

“It would be recalled that the Nigerian Army also sacked another batch of 200 soldiers in similar circumstances in December last year (2014).”

He added that the punishment meted out to the soldiers could not be justified in the light of Federal Government’s failure to equip the armed forces during the period the dismissed soldiers allegedly committed the offences.

‎He asked the army authorities to reverse the sacking as it was done in breach of the fundamental right of the soldiers to fair hearing.

Falana suggested that if the sacked soldiers could not be re-absorbed, the army authority should rehabilitate them so that they were not driven to criminality after they had received military training at the expense of the nation.

He said, “Apart from the deliberate refusal of the military authorities to respect the fundamental right of the dismissed soldiers to fair hearing guaranteed by the Constitution, the punishment meted out to them cannot be justified since the Federal Government failed to equip the armed forces at the material time.

“Indeed, the belated onslaught launched against the Boko Haram sect by the Nigerian Army has been attributed to the military hardware recently acquired by the Government.

“As the soldiers are ill-equipped to handle the weapons, the military authorities have admitted that ‘military instructors’ have been engaged from South Africa to train them.

“In the light of the foregoing, the Authorities of the Nigerian Army should annul the illegal letters and recall the dismissed soldiers without any delay. In the alternative, a programme should be designed for the rehabilitation of the dismissed soldiers.

“Otherwise, many of them may be driven to criminality since they had been given military training at the expense of the nation.”‎

Falana raises the alarm over sacking of 290 soldiers