MALAMI AND JUSTICE SECTOR IN 2020
๐๐บ ย ๐๐ณ. ๐๐ฎ๐ข๐ณ ๐๐ช๐ฃ๐ณ๐ช๐ญ๐ถ ๐๐ธ๐ข๐ฏ๐ฅ๐ถย
Despite theย 2020ย COVID-19 lockdown,ย the Office of theย Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SANย remainedย actively engaged toย deliver on itsย public-oriented nationalย mandate.ย ย Far from any ranking, preference or chronological chronicling ofย events, below are some of what might be considered as major achievements recorded by the Federal Ministry of Justice, Office of the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN in the year 2020 despite the lockdown.
๐. ๐๐๐ฉ๐๐ญ๐ซ๐ข๐๐ญ๐ข๐จ๐ง ๐จ๐ ๐๐ฏ๐๐ซ $๐๐๐๐ฆ ๐๐จ๐จ๐ญ๐๐ ๐ ๐ฎ๐ง๐๐ฌ
In January, 2020 Nigeriaโs Federal Executive Council approved the memo for the repatriation of looted funds of over $300m from the United States and Island of Jersey. The task was assigned to the AGF and Minister of Justice, Abubakar Malami, SAN. ย
The Office of the AGF assiduously worked and ensured the repatriation of three hundred and eleven million, seven hundred and ninety-seven thousand, eight hundred and sixty-six point one-one dollars ($311,797,866.11) of the Abacha loot from the United States and the Bailiwick of Jersey.
Already, the government of Nigeria has committed that the assets will support and assist in expediting the construction of three major infrastructure projects across Nigeria, namely: The Lagos โ Ibadan Expressway, Abuja โ Kano Road, and the Second Niger Bridge.
The Federal Government has already approved the engagement of Civil Society Organisation for to monitor the implementation of the application of the recovered assets. This is in line with the Open Government Partnership, UNCAC and 2020 Trilateral Agreement with Nigeria, United State of America and Bailiwick of Jersey.
๐. ๐๐๐๐ฎ๐ซ๐ข๐ง๐ ๐๐ข๐๐ญ๐จ๐ซ๐ฒ ๐๐จ๐ซ ๐๐ข๐ ๐๐ซ๐ข๐ ๐๐ ๐๐ข๐ง๐ฌ๐ญ ย ๐&๐ย
The Office of the Attorney-General of the Federation and Minister of Justice recorded the following successes, relating to lingering imbroglio between the Federal Government and Process and Industrial Development Limited:
a) Securing an order for stay of execution of the arbitral award.
b) Challenging and changing the order for cash deposit of $200m to bank guarantee.
c) Success was equally recorded for having an order for the extension of time to challenge award and agreement.
d) Nigeria was successful as the court award payment of legal cost of โฌ1.5m in favour of the country against P&ID.
e) Award of payment of โฌ70,000 to Nigeria as further legal cost relating to the issue.
f) Nigeria obtains multiple positive rulings to obtain information from banks abroad which helped in establishing fraud.
๐. ๐๐๐๐ฎ๐ซ๐ข๐ง๐ ๐๐ข๐๐ญ๐จ๐ซ๐ฒ ๐๐จ๐ซ ๐๐ข๐ ๐๐ซ๐ข๐ ๐๐ ๐๐ข๐ง๐ฌ๐ญ ๐๐ง๐ญ๐๐ซ ๐๐๐๐๐ง ๐๐ข๐ฅ
Through the dogged determination of Nigerian legal team lead by the Attorney General of the Federation and Minister of Justice, Nigeria got relieved of $1.5b liability and gains $660,000 arbitration cost in the dispute with Interocean Oil Company.
The US-Based International Centre for Settlement of Investment Dispute headed by Professor William Park ordered InterOcean to pay the Federal Government of Nigeria Six-hundred and sixty thousand one hundred and twenty nine United State Dollars and eighty seven cents (USD 660,129.87) as reimbursement of its share of the arbitration costs incurred in the proceedings.
The Tribunal also absolves the Federal Government of Nigeria from any liability maintaining that Nigeria did not breach any of its obligations in the contract agreement with Interocean Development Company and Interocean Oil Exploration Company.
๐. ๐๐ซ๐จ๐ฉ๐จ๐ฌ๐ข๐ง๐ ๐๐จ๐ฌ๐ญ ๐๐๐๐๐-๐๐ ๐๐ฎ๐ฌ๐ญ๐ข๐๐ ๐๐ฒ๐ฌ๐ญ๐๐ฆ ๐๐ฅ๐๐ง๐ฌ
The Nigerian Justice Sector is obviously not immune from the effects of the pandemic. The necessity to prevent the spread of COVID-19 virus has led to, among other things, a nationwide closure of court rooms (save for certain exceptions).ย
Hence, the office of the AGF saw the urgent need for paradigm-shift to adjust the judicial process to make for recovery of lost grounds occasioned by the lockdown.
ย One major lesson from COVID-19 is that the Nigerian Justice Sector must seriously leverage technology in the improvement of its capacity and for facilitating fair and speedy administration of justice.ย ย
ย ๐. ๐๐ฌ๐ฌ๐๐ญ๐ฌ ๐๐๐๐จ๐ฏ๐๐ซ๐ฒ ๐๐ง๐ ๐๐๐ง๐๐ ๐๐ฆ๐๐ง๐ญ ๐๐จ๐ฆ๐ฆ๐ข๐ญ๐ญ๐๐
Acting in compliance with the extant laws including the provisions Economic and Financial Crimes Commission (EFCC) Establishment Act 2004, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN set up and inaugurated Inter-Ministerial Asset Disposal Committee. The Committee was given six months to discharge its mandates.
๐. ๐๐จ๐ฏ๐๐ฌ ๐๐จ๐ฐ๐๐ซ๐๐ฌ ๐ก๐๐ฏ๐ข๐ง๐ ๐๐๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐ซ๐๐ข๐ญ๐ซ๐๐ญ๐ข๐จ๐ง ๐๐จ๐ฅ๐ข๐๐ฒ ๐๐จ๐ฆ๐ฆ๐ข๐ญ๐ญ๐๐
Malami, inaugurated members of the National Arbitration Policy Committee charging to come out with a comprehensive policy that will, among other things, ensure that domestic transactions originating and terminating in Nigeria are arbitrated in the country.ย ย
๐. ๐๐ฌ๐ญ๐๐๐ฅ๐ข๐ฌ๐ก๐ฆ๐๐ง๐ญ ๐จ๐ ๐๐๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐๐ฉ๐จ๐ฌ๐ข๐ญ๐จ๐ซ๐ฒ ๐จ๐ ๐๐ซ๐๐๐ญ๐ข๐๐ฌ
The Office of the AGF also established an electronic National Depository of Treaties that will serve as the depository of all treaties entered into between the Government of the Federation and any other country of any Ministry, Agency or Department. This is in line with Section 4 of the Treaties (Making Procedure, Etc.) Act Cap. T20 Laws of the Federation (LFN) 2004, which domiciled the National Depository of Treaties in the Federal Ministry of Justice.
๐. ๐๐ฑ๐๐๐ฎ๐ญ๐ข๐ฏ๐ ๐๐ซ๐๐๐ซs
Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN saw to the signing of Presidential Executive Orders which he said aimed at complimenting the existing legislations and ensure inter-agency coordination in the process of implementation.ย
Signed into law in 2020 was Executive order No.10 for the implementation of Financial Autonomy of State Legislature and State Judiciary Order, 2020.
Also signed into law by the President was the Executive Order number 8 of 2018, amendment 2019 on the Voluntary Offshore Assets Regularization Scheme (VOARS).
Speaking on Executive Order 10 on the Autonomy of State Legislature and Judiciary, Malami pointed out that Executive Orders were for ensuring constitutional compliance, complementing existing legislations, ensuring and enhancing operation, enforcement and application of the provisions as well as providing necessary supervision required for the enforcement.ย ย ย ย
๐. ๐๐ซ๐จ๐ฌ๐๐๐ฎ๐ญ๐ข๐จ๐ง๐ฌ ๐จ๐ ๐๐ซ๐ข๐ฆ๐ข๐ง๐๐ฅ๐ฌ/๐ ๐ซ๐๐ฎ๐๐ฌ๐ญ๐๐ซ๐ฌ
The Office of the Attorney General of the Federation and Minister of Justice recorded tremendous breakthrough in securing conviction, under the new anti-piracy legislation at the Federal High Court siting in Port Harcourt.ย
Within the year, the Office has successfully prosecuted and secured 3 high profiled convictions under the Terrorism Prevention Act before the Federal High Court sitting in Maiduguri.
It is on the record that through the instrumentality of the Mutual Legal Assistance Treaty, the Attorney General of the Federation and Minister of Justice personally led the prosecution of suspected international fraudsters at the Federal High Court, Abuja. ย ย
The suspects were allegedly involved in frauds running into millions of Euros on the pretext of providing Covid 19 Personal Protection Equipment to Germany and Netherlands.ย
๐๐. ๐๐จ๐ฏ๐ ๐๐จ๐ซ ๐๐ซ๐๐๐ข๐๐๐ญ๐ข๐จ๐ง ๐จ๐ ๐๐๐ฑ ๐๐ง๐ ๐๐๐ง๐๐๐ซ ๐๐๐ฌ๐๐ ๐๐ข๐จ๐ฅ๐๐ง๐๐
The Office of the Attorney-General of the Federation and Minister of Justice saw to the inauguration of an Inter-Ministerial Gender Based Violence Management Committee. The Office is supervising the review of all the existing laws, providing a comprehensive and appropriates support services to ensure that victims and survivors of sexual offences are not subjected to further stigmatization and trauma among others.
๐๐. ๐๐ก๐๐ข๐ซ๐ข๐ง๐ ๐ญ๐ก๐ ๐๐๐ญ๐ก ๐๐๐ฌ๐ฌ๐ข๐จ๐ง ๐จ๐ ๐๐๐๐๐๐๐๐
As the Chairman of the 78th Session of the International Institute for the Unification of Private Laws UNIDROIT General Assembly, Rome; Attorney General of the Federation and Minister of Justice Abubakar Malami said during his tenure significant progress was made in respect of substantive projects and institutional improvements despite COVID-19 pandemic situation.
He said remarkable progress has been recorded in the implementation of the 2019 adopted Protocol to the Cape Town Convention on matters specific to Mining, Agricultural and Construction (MAC) Equipment.
๐๐. ๐๐ก๐๐ฆ๐ฉ๐ข๐จ๐ง๐ข๐ง๐ ๐ญ๐ก๐ ๐๐ง๐ญ๐ข-๐๐จ๐ซ๐ซ๐ฎ๐ฉ๐ญ๐ข๐จ๐ง ๐๐ซ๐ฎ๐ฌ๐๐๐
No fewer than twenty-five civil society organizations have expressed appreciation over the Attorney General of the Federation and Minister of Justice, Abubakar Malamiโs efforts that culminated into the successes recorded in the anti-corruption crusade of the President Muhamadu Buhariโs administration.ย
๐๐. ย ๐๐ง๐ข๐ญ๐ข๐๐ญ๐ข๐ง๐ ๐๐๐๐จ๐ซ๐ฆ๐๐ญ๐ข๐จ๐ง๐ฌ ๐จ๐ ย ๐ญ๐ก๐ ๐๐ข๐ ๐๐ซ๐ข๐๐ง ๐๐๐ ๐๐ฅ ๐๐ฒ๐ฌ๐ญ๐๐ฆ
Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN said the Federal Government is working round the clock to ensure that Nigerian legal system reflects nation’s existence in view of dynamism and contemporary realities.
“Generally speaking, we are not only changing/amending the obsolete laws, but coming up with new ones that are dynamic, that can stand the taste of time and that factor in dynamics associated with developments in technology and otherwise. We will ensure that all laws that deserve to be reviewed are reviewed”.
It may be recalled on September 10th, 2020 the Minister inaugurated members of the 9th Commission of the Nigerian Law Reform urging them to be guided by the rules and regulations as provided by the Section 2 & 8 (1) of the Act.
The Minister asked them to ensure that all the rules and regulations relating to management of the human, material and financial resources of the Commission are adhered to in accordance to the objectives of the Federal Government, as contained in Section 8(1) (c) of the Act.
๐๐. ย ๐๐จ๐ง๐ญ๐ซ๐ข๐๐ฎ๐ญ๐ข๐ง๐ ๐ญ๐จ๐ฐ๐๐ซ๐๐ฌ ๐๐๐๐จ๐ง๐ ๐๐ฌ๐ญ๐ข๐จ๐ง ๐จ๐ ๐๐จ๐ซ๐ซ๐๐๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐๐ง๐ญ๐ซ๐๐ฌ
As part of measures to decongest the Custodial Centres nationwide in the wake of the COVID-19 pandemic and the dangers posed to the centres, the Committee in collaboration with the Presidential Advisory Committee on Prerogative of Mercy, Federal Ministry of Justice, Ministry of Interior, State Executives and other relevant stakeholders, have been able to release over 7000 inmates. It is however, noteworthy that the releases were carried out in line with specific guidelines approved by Mr. President in view of national security and public interest.
๐๐. ๐๐ซe๐๐ญ๐ข๐ง๐ ๐๐,๐๐๐ ๐ฆ๐๐ข๐ฅย
Theย Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN received and treated thirteen thousand seven hundred and seventy two mails received from Thursday 2nd January, to Friday 18th December, 2020.
The break down shows that the Minister received and treated a total of four thousand six hundred and seventy nine mails from Government agencies, while five thousand two hundred and eighty one mails were received from law firms as seven hundred and fifty six civil society organization sent in their letters while the remaining three thousand and fifty six were received from individuals.
๐๐. ย ๐ ๐๐๐ข๐ฅ๐ข๐ญ๐๐ญ๐ข๐ง๐ ๐ญ๐ก๐ ๐๐ซ๐๐๐ญ๐ข๐ง๐ ๐๐ง๐ ๐๐ข๐ ๐ง๐ข๐ง๐ ๐จ๐ ๐๐๐ง๐ญ๐๐ง๐๐ข๐ง๐ ๐๐ฎ๐ข๐๐l๐ข๐ง๐๐ฌ
Theย Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN said the Consolidated Federal Capital Territory Courts Sentencing Guidelines and Practice which was signed by the Chief Judge of the FCT, as a product of collaboration efforts in Correctional Centres reform programs, will accelerate decongestion of Correctional Centres nationwide.
๐๐. ๐๐๐ฅ๐๐ฆ๐ข ๐๐๐ซ๐ฏ๐๐ฌ ๐๐ฌ ๐๐๐ฆ๐๐๐ซ ๐๐ซ๐๐ฌ๐ข๐๐๐ง๐ญ๐ข๐๐ฅ ๐๐จ๐ฐ๐๐ซ ๐๐ง๐ข๐ญ๐ข๐๐ญ๐ข๐ฏ๐
President Muhammadu Buhari of the Federal Republic of Nigeria has again appointed the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN as a member Special Purpose Vehicle (SPV) for Presidential Power Initiate.
๐๐. ย ๐๐ฌ๐ญ๐๐๐ฅ๐ข๐ฌ๐ก๐ฆ๐๐ง๐ญ ๐จ๐ ๐๐๐ง๐ญ๐ซ๐๐ฅ ๐๐๐ญ๐๐๐๐ฌ๐ ๐๐จ๐ซ ๐๐๐๐จ๐ฏ๐๐ซ๐๐ ๐๐ฌ๐ฌ๐๐ญ๐ฌ
In compliance with Section 3 of the Assets Tracing, Recovery and Management Regulations (2019), the Attorney General of the Federation and Minister of Justice, Abubakar Malami,SAN formally launched the Central Database on Recovered Assets. ย Also introduced was the Central Criminal Justice Information System under Pillar 1 of the provisions of the National Anti-Corruption Strategy (2017-2021).
๐๐. ๐๐๐๐๐ข๐ฏ๐ ๐๐ง๐ญ๐๐ซ๐ง๐๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐ซ๐ ๐๐ง๐ข๐ณ๐๐ญ๐ข๐จ๐ง ๐๐ฎ๐ฅ๐จ๐ ๐ข๐ณ๐ข๐ง๐ ๐๐๐ซ๐๐ข๐๐ญ๐ฌ
There have been several positive reports about Nigeriaโs justice system. The Prosecutor of the International Criminal Courte, Hague, Fatou Bensouda says โI have repeatedly stressed my aspiration for the ability of the Nigerian judicial system to address these alleged crimesโฆ. We have seen some efforts made by the prosecuting authorities in Nigeria to hold members of Boko Haram to account in recent years, primarily against low-level captured fighters for membership in a terrorist organizationโ.ย
The 2020 Report of the Committee to Protect Journalists says Nigeria no longer among countries where crimes against journalists go with impunity. Nigeria is the only that gets out of the list of the country where crimes against journalists go with impunity.ย
The report of a survey conducted by the Socio-Economic Right and Accountability Project (SERAP) tagged โNigeria: Anti-Corruption Social Norms Report 2019โ โBreaking-down the statistic, the report shows that 56.7 per cent of Nigerians surveyed responded positively that they are optimistic the Federal Government of Nigeria is capable of reducing or ending corruption in the country which is a clear indicator of the confidence Nigerians have in the Federal Governmentโs anti-corruption fight.
๐๐. ๐๐ซ๐จ๐ฉ๐จ๐ฌ๐๐ ๐๐๐ฐ๐ฌ ๐๐ซ๐ข๐ฏ๐ข๐ง๐ ๐๐ข๐ ๐ข๐ญ๐๐ฅ ๐๐๐จ๐ง๐จ๐ฆ๐ฒ
Attorney General of the Federation and Minister of Justice actively participated in the Digital Eco-System Steering Committee to bring about a new Data Management Act for Nigeria. The draft bill is at advanced stages of finalization. Proposed Laws under this category included the Electronic Evidence Act, Digital Data Management Act, Electronic Banking Act, among others.
Efforts have reached advanced stage for Electronic Transactions Act which is the resuscitation of the Electronic Transactions Bill currently in the National Assembly.
With the increasing need to ensure prompt and effective management of legislative agenda of government, the Attorney General of the Federation worked with the leadership of the National Assembly to set up a joint coordinating committee for review of bills. The committee aimed to proactively avoid delay in responses to bills and to ensure prompt assent to bills that improve the economy and address security and infrastructure challenges in the country.
The year 2020 has come and gone. The Office of the Attorney General of the Federation and Minister of Justice recorded tremendous successes and indelible imprint in the development of the country which many individuals, organizations and institutions appreciated.
ย
๐๐ณ. ๐๐ฎ๐ข๐ณ ๐๐ช๐ฃ๐ณ๐ช๐ญ๐ถ ๐๐ธ๐ข๐ฏ๐ฅ๐ถ (๐๐ฑ๐ฆ๐ค๐ช๐ข๐ญ ๐๐ด๐ด๐ช๐ด๐ต๐ข๐ฏ๐ต ๐ฐ๐ฏ ๐๐ฆ๐ฅ๐ช๐ข ๐ข๐ฏ๐ฅ ๐๐ถ๐ฃ๐ญ๐ช๐ค ๐๐ฆ๐ญ๐ข๐ต๐ช๐ฐ๐ฏ๐ด ๐๐ง๐ง๐ช๐ค๐ฆ ๐ฐ๐ง ๐ต๐ฉ๐ฆ ๐๐ต๐ต๐ฐ๐ณ๐ฏ๐ฆ๐บ ๐๐ฆ๐ฏ๐ฆ๐ณ๐ข๐ญ ๐ฐ๐ง ๐ต๐ฉ๐ฆ ๐๐ฆ๐ฅ๐ฆ๐ณ๐ข๐ต๐ช๐ฐ๐ฏ ๐ข๐ฏ๐ฅ ๐๐ช๐ฏ๐ช๐ด๐ต๐ฆ๐ณ ๐ฐ๐ง ๐๐ถ๐ด๐ต๐ช๐ค๐ฆ)โ
