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No enough evidence to prosecute 33 indicted SARS operatives – Malami

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Attorney-General of the Federation (AGF), Abubakar Malami, says there is not enough evidence to prosecute 33 personnel of the now disbanded special anti-robbery squad (SARS) of the police indicted by a presidential panel in 2019.

The panel was chaired by Tony Ojukwu, executive secretary of the National Human Rights Commission (NHRC), between 2018 and 2019.

The committee’s report indicted 35 police officers in 12 states and the federal capital territory (FCT) but recommended 33 for prosecution.

The panel also recommended that N249 million be paid to 57 victims

The report was submitted to President Muhammadu Buhari in June 2019.

According to PUNCH, Malami’s position set up a committee to review the recommendations by the Ojukwu panel.

The AGF said the cases were not properly investigated and asked Mohammed Adamu, inspector-general of police (IGP), to probe the cases.

He said, “The report of the panel does not meet prosecutorial needs. No proper investigation was concluded in all the cases.

“Admissible evidence such as exhibits, medical evidence, statements of the suspects and witnesses that can be used in court have not been obtained or recorded in the appropriate sheet from the suspects and witnesses by the appropriate.

“The indicted officers should be made to undergo disciplinary actions immediately and dismissed where appropriate.

“That the IGP, who is well aware of the sensitivity of the matter, should be advised to set up a special investigation team to conduct a thorough investigation into the individual cases.

“That after thorough investigation, the cases that are federal offences or fall within the FCT will be prosecuted by the office of the HAGF while those that are state offences will be transferred to the respective states for prosecution.”

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Buhari promises to sign forensics, fraud examiners’ institute bill

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President Muhammadu Buhari

President Muhammadu Buhari yesterday promised to sign a bill seeking formal establishment of the Chartered Institute of Forensics and Certified Fraud Examiners of Nigeria (CIFCFEN).

He spoke at the State House in Abuja after being honoured with Global Integrity and Anti-Corruption Award of Excellence by CIFCFEN.

He was presented with the highest honour of the institute reserved for only African heads of states with impeccable character and unimpeachable ideals by the chairman of the Governing Council CIFCFEN Board of Trustees, Dr Iliyasu Gashinbaki.

Buhari was the first African leader to be bestowed with the award in recognition of his lifetime outstanding commitment to the fight against corruption and selfless service with exceptional integrity.

He directed the anti-corruption agencies to continue partnering with the institute for the benefit of the country.

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He also directed the Minister of Finance, Budget and National Planning to work with the Institute in areas of providing technical assistance and capacity building to all revenue generating agencies and regulators in the public sector.

He said: ‘’The need for forensic experts arises in educating, preventing, detecting and prosecuting fraudsters, while fraud examination helps mitigate vices like embezzlement, money laundering, misuse and mismanagement of public resources.

‘’Many Nigerians, who are serious about eliminating corruption in our country, will welcome this review of the National Anti-Corruption Strategy midwifed by the Federal Ministry of Justice and the Presidential Advisory Committee on Anti-Corruption in 2017 and supported by our International friends.

‘’This effort by the institute to undertake the review of the national anti-corruption strategy is highly commendable and it has shown the usefulness of partnerships with professional bodies and my administration will continue to partner with the Institute and as well as other private institutions, the academia and other stakeholders in the fight to stop sleaze and mitigate corruption.’’

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We will restore peace, stability before leaving office, Buhari vows

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President Muhammadu Buhari has said his administration will not relent in its quest to restore peace and stability in the country.

Buhari said this on Monday during the 58th anniversary of the Nigeria Air Force (NAF) in Kano.

He said his administration’s investment in the air force had helped to “turn the tide” against terrorists.

He promised that he would continue to give necessary and sufficient support to the NAF in the battle against insecurity from non-state actors.

“The huge investment in the Nigeria Air Force has helped to turn the tide against terrorist and non-state actors in our nation,” he said.

“In furtherance of our drive to continue to do more to support the air force. Rest assured that our government is willing to do even more to ensure the provision of requisite support and the encouragement to overcome various security challenges.

“This government will not rest until peace and stability is fully restored in the nation. I, therefore, urge you all to remain steadfast, committed and resolute.

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States lose battle over LG funds’ management

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The 36 Governors lost on Monday in their opposition to Federal Government’s efforts to monitor their handling of Local governments’ funds.

 Justice Inyang Ekwo of the Federal High Court in Abuja dismissed a suit filed to that effect by the 36 states, through their Attorneys General and the Nigeria Governors’ Forum (NGF).

The States, in the suit marked: FHC/ABJ/CS/563/2019, challenged the legality of the Nigerian Financial Intelligence Unit (NFIU) Guidelines, which came into effect on June 1, 2019.

The NFIU 2019 guidelines required among others,  that the States/Local Governments Joint Accounts should be used only for receiving funds and subsequently transferring them to Local government accounts only.

The NFIU claimed that the guidelines, which also limit daily cash withdrawal from the State/LG joint account to N500,000 are intended  to reduce “crime vulnerabilities created by cash withdrawal from local government funds throughout Nigeria effective from June 1, 2019.”

Listed as defendants in the suit are the Attorney General of the Federation (AGF), the NFIU and the Nigeria Union of Local Government Employees (NULGE).

They argued among others that  the NFIU guidelines: known as “the  NFIU Enforcement and Guidelines to Reduce Crime Vulnerabilities Crafted by Cash Withdrawal From Local Government Funds Throughout Nigeria,” particularly provisions 1 to 6  and the penalties prescribed  are ultra vires the power of the NFIU under Sections 3 (1) and 23(2) (a) of the Nigerian Financial Intelligent Unit Act, 2018 and therefore unconstitutional.

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In the judgement on Monday, Justice Ekwo held that he is unable to see where the guidelines contradict the provisions of sections 7(1), (6) (a) and (b) of the Constitution.

The judge added that the guidelines also did not conflict with the provision of Section 162(6) of the Constitution, which creates the State Joint Local Government Account,  into which allocations to the Local Government Councils of the state from the Federation Account and from the government of the state are paid.

He said that the guidelines did not contradict Section 162(8) of the constitution which prescribed that the amount standing to the credit of the local government council of the state shall be distributed among the local government councils of that state on such terms and in such manner as may be prescribed by the House of Assembly of the state.

Justice Ekwo added that the provisions of the NFIU guidelines also do not contradict the provisions of the 4th Schedule to the 1999 Constitution which prescribes the functions of a Local Government Council.

Noting that “ duty of the court is limited to expounding the law and not expanding it,” the judge said: “On the whole, I see the provisions of the guidelines of the 2nd defendant as seeking to direct the monitoring of accounts, transfers and any other means of payment or transfer of funds of local government councils as provided for in Section 3 (1) (r) of the Act of the NFIU.

“It only limits cash withdrawal made from any Local Government Account anywhere in the country to amount not exceeding N500,000.00 (Five Hundred Thousand Naira) per day.

“Any amount higher than that can be done using other methods of banking transaction save cash.

“Unless it can be shown that there is any provision of the 1999 Constitution (as amended) which these provisions of the 2nd defendant’s guidelines have contradicted or conflicted directly and practically, then the issue of unconstitutionality cannot be said to arise.”

Justice Ekwo said he found that there was no provision in the NFIU’s guidelines that has contravened the provisions of Sections 7(1), (6) (a) and (b), 162 (6), (7) and (8), and the 4th Schedule to the 1999 Constitution (as amended).

“I also find that the case of the plaintiffs has not been established and I so hold.

“I find, in the end, that the case of the plaintiffs lacks merit and ought to be dismissed and it is hereby dismissed,” the judge said.

Earlier, Justice Ekwo struck out the name of the NGF as a co-plaintiff in the suit on the grounds that it lacked the locus standi to file the suit.

THE NATION

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