Follow Us on Google
By Juliana Taiwo-Obalonye
Attorney General of the Federation and Minister of Justice, Abubakar Malami, at the 46th Session of the State House Briefing organised by the Presidential Communications Team at the Presidential Villa, Abuja, reeled out what he termed the outstanding successes and “remarkable feats” in the key areas of justice reforms, the fight against corruption and good governance under the Buhari led administration in the 18 months of his second term, which translated to improvement in justice, dispensation and efficiency of the Nigerian jurisprudence.
What are the achievements of the Justice Ministry in 18 months under Muhammadu Buhari’s second term?
As we all are aware, the justice sector, as with every other sector, has continued to witness some challenges in consideration of which we made efforts to identify the recurring challenges and impediment to the administration of justice. Through the instrumentality of the Office of the Attorney General, all justice sector stakeholders have built consensus which identified these challenges that resulted in deployment and adoption of the first ever national justice policy in 2017.
Following this landmark achievement of consensus building among the stakeholders, all justice sector institutions across the country have continued to collaborate and provide frameworks to the realisation of the objectives set out in the national justice policy. It is our firm expectation that the full implementation of the proposals in the national policy on the justice sector would lead to greater synergy and shared knowledge amongst all stakeholders involved in the administration of justice.
Well, let me state for the record that when we talk of criminal prosecution, there are certain undertones associated with it. At some point in this country, we were confronted with the challenges relating to the speedy administration of justice but arising from the consensus building between the legislature and the executive, we were able to come up with administration of Criminal Justice Act and its implementation by which speedy distillation of justice of high profile criminal cases was enhanced.
When we’re confronted with a further challenge associated with the fact that those involved in the high profile anti-corruption cases were indeed using the proceeds of the crime in contention, to force a greater challenge arising from their movements, deployment of such sources, we equally came up with Executive Order No.6, which will restrict movement of the people involved in high profile cases, which equally restrict their access to funding. So, on the basis of that, we laid the foundation for prosecution.
By way of criminal prosecution at the Federal Ministry of Justice, I’m not talking about the entire prosecution because other agencies of government, EFCC, NDLEA, ICPC are equally involved in direct prosecution.
So, Federal Ministry of Justice within 18 months period under review, was actively involved in prosecution of 312 criminal cases for various offenses, including terrorism, maritime offenses, armed robbery, cybercrime, kidnapping, among others. We have so far secured over 1000 convictions on terrorism within the period in consideration.
Again, convictions were secured in 45 cases by Complex Casework Group (CCG). The group is a unit established in the Federal Ministry of Justice that requires specialisation and prosecution of certain special cases that border on maritime and associated special cases and the ministry through this group has succeeded in securing 45 convictions that relate to maritime and official Task Force on electricity offenses.
Joint investigation committee
As you know, for the success of criminal conviction, there is indeed a need for extensive investigation that must naturally stand the test of proof in court, which must be translated and processed into an actionable evidence.
So, arising from the consensus building arrangement, it is no longer business as usual, where the case in contention requires multi-stakeholders, connectivity collaboration. The Federal Ministry of Justice has created an avenue for collective participation as it relates to investigation. For example, if you are talking of terrorism, it is only natural that other agencies of government that are involved in an investigative process associated with terrorism cases be involved. So for example, the DSS, the military may be involved in certain cases that have to do with field operations. And when it has to do with economic crime cases, it is only logical that the EFCC must be involved, and in governance cases, the ICPC must naturally be involved. So, what I’m saying in essence is that the consensus building arrangement is paying off.
The Federal Ministry of Justice is equally engaged with the International Criminal Court in an ongoing prosecution of certain potential ICC cases to obviate the trigger for any ICC prosecution.
At the international level, there is also an engagement taken into consideration that we are engaging in the North East for example, the Boko Haram; in the South East the IPOB, and in the Northwest and central for example, the bandits and all such things. All these things by the rule of international engagement and the setup of which Nigeria is a member, there are certain codes of conduct that are expected to be complied with. And when you are operating in breach of those codes of conduct, the actions or inactions may eventually translate to a considerable case before International Criminal Court.
So we are equally working together as a system to ensure at the end of the day, that nothing adverse comes our way as a nation in terms of breaches associated with international code of conduct, of engagement, both military and otherwise.
Again, out of desire to deploy technology into what we are doing as far as governance is concerned. As far as the fight against corruption is concerned, we have deployed a state of the art case management system known as INTELA. And this is a smart case management system that not only warehouses all terrorism related cases, from 2017 to date but also intelligently provides needed statistics.
For your information, Nigeria is not operating alone in the fight against terrorism, anti-corruption programmes and associated things. And it is only logical that information and intelligence reports are being shared. The idea of remaining analogue and manual in operations we felt is not good enough for the system as it relates to international engagement.
So we have now succeeded in putting in place a technologically based case management object arrangement which will now enable us to respond rapidly and speedily to international inquiries arising from our international engagement responsibilities on mutual legal assistance among others.
So, all cases relating to terrorism, I’m talking about the local cases with particular reference to Kainji trial; as you rightly know, the terrorism cases have been prosecuted in Kianji. The ministry through the CTG unit is coordinating the next phase of terrorism related case trials in collaboration with the federal high court, the Legal Aid Council and the Defence Headquarters. The ministry has concluded remodeling action towards structure at the Wawa containment Kainji, to accommodate courtrooms, judge’s chambers, living accommodation, lawyers dressing room and conveniences to make them conducive for judges, witnesses, as well as defendant.
So we are not only confronting terrorism head on but we are taking steps to make all necessary provisions as it relates to facilities and indeed kind of having a sustainable arrangement for the prosecution of terrorism cases. What obtains before the coming in of this administration was an adhoc arrangement whereby periodically arrangements are made for prosecution of these cases. But we are now taking steps to ensure at the end of the day that a sustainable arrangement, both in terms of facilities, structures, and indeed, as it relates to capacity building are put in place for addressing, checkmating and confronting terrorism cases head on.
So the activities of the Ministry of Justice equally are extended to sexual and gender based violence. In response to the growing incidences of sexual and gender based violence in the country, the President directed the establishment of inter-ministerial management committee on the eradication of sexual and gender based violent offenses. Further to this, the ministry established a unit. The activities of the ministries in this regard, have yielded the following successes.
One establishment official protection team to provide access to justice for victims of SGBV. This includes prosecution of offenses, the ministry is currently persecuting over 30 cases, ranging from the rape, unlawful sexual intercourse and defilement of children and homicide as a result of SGBV policy of the federal government.
Again, we created a solution room to promote access to justice for child survivors of sexual violence in the FCT. Again, we are coordinating all MDAs investigating and prosecuting SGBV cases in area of reporting of incidences, data harmonization, capacity building and inter agency collaboration. Again, the establishment of a referral pathway with relevant stakeholders to facilitate smooth administration of criminal justice such as the EFCC on forensic, Legal Aid Council, Nigeria police force amongst others. Again, the designation of courts on GBV by the chief judge of the FCT of four courts in the FCT to handle all cases of gender based violence and deployment of interventions in this regard.
Now on prosecution or criminal matters, under the mutual legal assistance, Nigeria is not operating in isolation, as far as mutual legal assistance is concerned. Nigeria, for example, as you may rightly know, has been engaging other jurisdictions to support as it relates to fugitives and those that have indeed evaded justice.
Nigeria in return is equally cooperating and collaborating with the international community for the purpose of building that collaboration as it relates to criminal cases for example, and that is what is known as mutual legal assistance. It is an arrangement that allows Nigeria to reach out to international committee for assistance.
So the Office of the Attorney General has succeeded in executing over 350 mutual legal assistance requests and over 50 extradition requests. There are people that were alleged to have committed crimes in other jurisdictions, or perhaps maybe you run into Nigeria, and arising from the mutual legal assistance support arrangement entered into between Nigeria and other countries, we have a responsibility on demand to look at the demand. Take judicial processes and steps to ensure at the end of the day, those fugitives are made to answer to the justice of what they have done. And Nigeria has equally received and processed over 50 extradition requests among other countries. Among these are the mutual legal assistance requests from United Kingdom on trafficking in persons, which led to the first conviction of the offender under the UK modern slavery act on 13th April 2022. Other mutual legal assistance request from Turkey, Italy, Spain, India and the United States of America on drug trafficking and other crimes have been successfully treated. Also, the Office of the Attorney General filed extradition proceedings against suspended DCP Abba Kyari for example, in line with mutual legal assistance request from the United States of America. The matter is still ongoing before the Federal High Court.
So what I’m trying to say in essence, that we have under the leadership of President Muhammadu Buhari, not only succeeded in establishing a local consensus to justice sector issues, but has succeeded in establishing international collaboration that had indeed paid off in view of the fact that criminals that run out of Nigeria, are being indeed brought back to the country through the act of mutual collaboration arising from mutual legal assistance.
But it may interest you to know that the mutual assistance request process is not only a function of enforcement, necessary foundation was indeed led by having a mutual legal assistance Act, which was indeed passed into law by the government of President Muhammadu Buhari, and that is what laid the necessary legislative foundation for international engagement.
What about Asset Recovery?
Before the coming of the government of President Muhammadu Buhari, the idea of international recovery of looted assets was not in any way coordinated, organized, and indeed, enhanced through processes and procedure. So, in line with the cardinal principle of the administration of President Muhammadu Buhari in the fight against corruption, we have achieved asset recovery through the management effort of this administration.
But let me reiterate further that what I am presenting in terms of successes associated with recovery were successes relating to the period under consideration, but by way of emphasis and perhaps referral to the previous successes, I think it is important to set on record that among the major recoveries made by the Office of the Attorney General, were the $322 million recovered from Switzerland, which was indeed deployed by the government of President Muhammadu Buhari in reduction of poverty. And that was what was used arising from the international understanding, in the Trader Money, NPower, school feeding Programme and associated social investment Programmes and that had indeed, translated to a massive reduction of poverty in this country.
We have equally for the record, recovered additional $311 million from US and indeed the UK, which was effectively deployed in execution of three major capital projects in Nigeria. I am talking of the Second Niger bridge, Lagos-Ibadan expressway, Abuja-Kano expressway, which have indeed reached advanced stage. So for the first time in the history of this nation, recoveries were not only being made but what they are deployed in terms of development of the nation are indeed being visibly seen.
Now coming to the period in consideration, which is the 18 months period, you are aware that the President has put in place an inter-ministerial committee that was saddled with the responsibility not only of identifying the forfeited asset but indeed disposing of the same. So that committee has been working and within the period of consideration, a total sum of N1,823,788,146.86 has been generated so far from the sale of bid forms because forms were sold for those that indicated interest to partake.
Revenue generation and forfeited assets in 18 months
Arising from the legislation, the Office of the Attorney General is saddled with the responsibility of effecting recoveries and among the recoveries that are legislatively sanctioned for the Office of the Attorney General is stamp duty.
So an inter-ministerial committee on the audit and recovery of back years on stamp duty because there has been a backlog and then the need for recovery of such backlog from agencies, corporate bodies among others arose. So we put in place steps to ensure the recovery of these back years stamp duty. I am happy to state that internal ministerial committee engaged various recovery agents, to recover and generate additional revenue for the government.
This exercise also provided job opportunities for over 1000 professionals including lawyers, accountants, auditors, and financial consultants. The ongoing exercise has so far led to the recovery of the sum of N596,055,569.47.
International asset recoveries
Within the 18 months period under review, we have equally succeeded in making some international recoveries. In compliance with the presidential mandate and foreign judicial processes, the ministry has recovered a total sum of 6,324,627.66 Euro from various jurisdictions. And some of the recovered funds are equally being utilized in the financing of critical infrastructures, including Abuja Kano expressway, second Niger bridge and Lagos-Ibadan expressway.
For your information, as it stands today, there exists a funding gap of around N329 billion and the Office of the Attorney General through these local, International and associated corporate recoveries on stamp duties, is equally making drastic efforts to assist the Federal Government in ensuring that the gap associated with the funding as it relates to these projects are being addressed. So as a ministry, we are not only involved in prosecution, we are not only involved in fight against corruption but we are also deeply rooted in supporting the good governance of the administration of President Muhammadu Buhari as it relates to infrastructure funding arrangement.
So, due to the concerted effort of the office in conjunction with the relevant stakeholders, inclusive of the legislature, the president recently assented to Proceeds of Crime recovery and Management Act 2022, for the purpose of institutionalizing the Asset Recovery Programme. The federal government felt there was a need to institutionalize it and have in place a legislative framework, because it is the foundation for the institutionalization and success of anything. When we took decision as a nation to fight corruption, we had in place legislations that put in place the EFCC, ICPC, Code of Conduct among others. And now we have taken a decision as a nation to institutionalize asset recovery. There is need as well to institutionalize them. How do we do that? We first have in place a demonstrating unit – Asset Recovery Management Unit, which we realize had indeed paid up, taking into consideration the successes recorded and then we now have taken further steps in 2022 to have proceeds of crime Recovery Management Act 2020, which is intended and targeted at institutionalizing the asset recovery process, both in terms of transparency, accountability, and institutionalization of same to have in place, a unit, an agency, an arrangement that stands the test of time, both in terms of transparency, accountability, and international best practices.
Impact of mitigation efforts on the economy
In terms of litigation that we are involved in. I will go into the specifics and give you an insight as to what we have indeed succeeded in doing through litigation and the act of supporting our economy.
For the record, a total of 648 cases were instituted against the president, Federal Government and its agencies before states, federal and ECOWAS courts. And we were expected as a ministry to defend the Federal Government, ministries, department and agencies in that respect.
The 648 cases that we are defending against the influence of the Federal Government are at different stages of trial. One thing I can tell you clearly and I wish to emphasize, is the fact that the Federal Ministry of Justice has indeed been diligent in providing the necessary defenses in support of the Federal Government.
By way of digression, let me tell you, before this government came to power, a lot of judgment debts were incurred, inclusive of the Paris Club that constitute a contentious subject in the system. But one thing I can clearly say ever since the coming of the government of President Muhammadu Buhari, not a single major high profile judgment was entered, against the Federal Government. All the judgement debt in contention that we are battling to defend were indeed inherited judgement against the interests of the Federal Government incurred by the previous administration.
So arising from the diligent defenses we have undertaken, we have succeeded within the period of 18 months, in addressing and avoiding liabilities on the part of the Federal Government that run into around N50,888,343,888. Those cases, we diligently successfully defended the Federal Government we have translated into Naira and Kobo avoidance of liability. Again, we have equally succeeded in defending the Federal Government to avoid liability in the sum of $507,415,901.19. These cases were handled by the State Council in the Office of the Attorney General of the Federation, and not a kobo was paid by the Federal Government as professional legal services for the defense of these cases.
What I’m trying to say is that we have succeeded as a ministry, in building the capacity of the lawyers in the office and in the chambers of the Attorney General, and these are the lawyers that have indeed succeeded in recording this feat in defense of the Federal Government.
The ministry is also coordinating the defense of a number of international arbitration proceedings, commenced against the Federal Government, which were rooted in the previous administration, mostly. Of special mention is the case of P&ID, in which an arbitral award of $10 billion was inherited by this government. And as at the time we came into office, this award was at the point of execution. But for the purpose of emphasis, let me state that the volume of the $10 billion arbitral award against Nigeria has the capacity to set us back in terms of health care, security, education. All what we have been witnessing, in terms of military procurement couldn’t have been possible if indeed, that judgement was executed against the interest of the Federal Government. So we have, for the first time ever established a precedent.
At the time the government of President Muhammadu Buhari came in place, the time within which to appeal the case had elapsed, talkless of the time to seek a stay of execution among others. We have succeeded in putting in process on account of which for the first time, time was not only extended for the Federal Government to put in process for consideration but then this judgment was stated and then we were asked as a nation to deposit 200 million pounds cash as a condition for stay of enforcement. We further took steps to challenge that aspect of the judgment and we succeeded in setting aside the order demanding the deposit of 200 million pounds. And as it is today, we are happy to state that we have not only succeeded in staying the enforcement of the judgment, but have been given an opportunity to contest the judgment. And we are hopeful by God’s grace.
So the ministry had equally taken steps to defend the Federal Government in cases like arbitral proceedings of Sunrise power relating to Mambilla and a host of others, including many others we have had along the line.
Number of compromised contracts inherited, renegotiated
As at the time the government or President Buhari came in place, we inherited contracts that were a product of in-house compromises whereby in effect, breaches are naturally triggered. And we have taken steps for the first time to ensure that contracts are not only vetted, but indeed, they are vetted with exclusive Public Interest Components in consideration as it relates to the system thereby ensuring above any other thing, that the interest of the nation is out at heart. Indeed, those contracts for your information within the period under review, the ministry has vetted and reviewed are 392 major contracts, and PPP projects to ensure value for money, eliminate corruption and ensure adequate protection of the Federal Government of Nigeria investments.
We have witnessed, among others, contracts that have clauses that expose not only the investment of the Federal Government but indeed even our foreign reserves in the event of default. And by collective perhaps conspiracy, among the syndicates associated with this contract, defaults were indeed compromised. And they even if we have the wherewithal as a nation to ensure that no default is occasioned, a compromise, a conspiracy has been hatched amongst the people who have interests that will trigger the act of violation of the agreement.
One single agreement that was indeed inherited by this government was an agreement in which the Federal Government of Nigeria was made liable to the tune of $1 million daily in the event of breach that has to do with the power generation contract among others. So the government of President Muhammadu Buhari has succeeded in turning things around to ensure that the national interest constitutes the watch word in whatever we do, as it relates to contract vetting and processing.
How Nigeria became conducive environment for Ease of Doing Business
In the case of Ease of doing business as well, the Federal Ministry of Justice has worked extraordinarily hard in ensuring at the end of the day, that necessary conducive business environment has been put in place, and that eventually has translated into a number of international acknowledgements of the fact that Nigeria is indeed a conducive environment for investment. In the act of negotiating and facilitating loan facilities on behalf of the Federal Government, which is equally a function of Federal Ministry of Justice, the ministry provides legal support during negotiations for loan facilities from international organizations, including the World Bank, African Development Bank, China, Exim Bank, among others. Our efforts so far as a ministry have ensured that these loan agreements do not impose conditions in the contract, which may turn out to be additional liabilities.
