What is the responsibility of the lawyer basic of the federation (AGF)? The constitution of the Federal Republic of Nigeria, 1999 as amended outlined the responsibilities of the AGF on 174(1) as follows “The Lawyer-Basic of the Federation shall have electricity –(a) to institute and undertake felony proceedings in opposition to any person just before any court of regulation in Nigeria, other than a courtroom-martial, in regard of any offence designed by or below any Act of the National Assembly (b) to take about and carry on any such criminal proceedings that may possibly have been instituted by any other authority or human being, and (c) to discontinue at any phase ahead of judgement is sent any such criminal proceedings institute or undertaken by him or any other authority or man or woman. (2) The powers conferred on the Legal professional-General of the Federation under subsection (1) of this portion could be exercised by him in individual or through officers of his section. (3) In exercising his powers underneath this part, the Legal professional-Standard of the Federation shall have regard to the community fascination, the interest of justice and the need to have to prevent abuse of lawful method.” The electrical power of the legal professional common of the federation is enormous that is why if not appropriately dealt with could direct to abuse. Small speculate, that considering the fact that the return of democracy in 1999, the attorney generals of the federation from Michael Aondoakaa, to Mohammed Adoke experienced still left office trailed by controversies. A short while ago, the lawyer typical and minister of justice, Abubakar Malami, SAN, was in the information that experienced still left several Nigerians scratching their heads, asking, what is going on?
In late October the information media was awash with the report that some stability agents invaded the Abuja home of the supreme court justice Mary Odili, the spouse of Peter Odili, the previous governor of Rivers Point out. The security operatives, who had been manufactured up of soldiers and officers of the Nigeria Police Pressure (NPF), amongst some others reportedly discovered themselves as customers of a joint endeavor pressure. The security operatives, reportedly said they obtained information and facts on “illegal activities” likely on in the property. It was gathered that the safety team on the ground in the residence, comprising adult males of the State Stability Support (SSS) and the police, turned back again the visitin safety agents, acquiring not been certain by the explanation offered as to why they were being in the house. Although it was at first assumed to be a joint procedure by guys of the SSS and the Financial and Economical Crimes Commission (EFCC), the two organisations distanced officers from the incidence. This was interpreted by many Nigerians as another try to muscle mass the judiciary. The dastardly act was later denied by the business of the Legal professional Common of the Federation, insisting that investigation would unravel the culprits. Malami’s spokesperson, Umar Gwandu, said the ministry or the AGF “is not involved in any way”. However, when the law enforcement paraded the alleged culprits it still left quite a few queries unanswered.
Parading the suspects, law enforcement spokesman, CP Frank Mba, exposed that the alleged perpetrators consisted of people drawn from the police, armed forces, journalism, civil provider, and the lawful career. He disclosed that seven of the suspects, like two troopers, were being at large, even as he vowed that all suspects at significant would be apprehended. Mba described the leader of the unlawful operation as pretend Main Superintendent of Police Lawrence Ajodo. According to him, the suspects were being free canons and document forgers running their prison enterprises and had not been employed by any personnel from the Ministry of Justice.
Yet another twist to the make a difference was the claim by one particular of the culprits that he was a advisor to the business office of the AGF. The legal professional-typical of the federation distanced himself from the confessions of the suspect and termed on the suspect to create evidence of contractual agreement between them, the terms of references for the alleged consultancy assistance and when he was engaged. The distinctive assistant to Malami on media and community relations, Dr. Umar Gwandu, produced this recognised in a statement issued in Abuja.
Also, a short while ago the 36 condition governors less than the aegis of Nigerian Governors Discussion board (NGF) have had induce to problem the AGF’s patriotism.
The governors claimed that the AGF was working versus public’s curiosity by insisting on the payment of $418 million to private consultants from the accounts of point out governments. The consultants are declaring a proportion of Paris Club refunds as payment of companies they reported they rendered to the states and local govt. The federal federal government had identified to pay the consultants from point out accounts but a Federal High Courtroom restrained it from building these types of deductions until all difficulties relating to that subject have been completely established. In a statement signed by the spokesman of the office of the attorney-common of the federation, Umar Gwandu, the AGF prompt that the states and local governments had acted in bad religion for taking the scenario to court docket. The deductions ended up ratified by numerous court judgements, the AGF stated, and the federal government only experienced to stage in to avoid forfeiting any of its belongings, considering that it was also a defendant in the lawsuits towards the states.
But the NGF, in a statement signed by its spokesperson Abdulrazaque Bello-Barkindo, claimed the AGF’s steps “raises issues of propriety and the spirit of justice.”
“The HAGF is meant to be the main arbiter in all matters about Nigerians, in particular the bad masses of this country. It is incumbent on him to, not just ensure that justice is done, but that justice is observed to have been carried out,” the statement mentioned.
“The undue haste, with which the statement was issued even right before the company on the AGF of the court procedures and the get dated 5th November, 2021restraining the Federal Authorities, seems to suggest that there is a particular romantic relationship concerning the Place of work of the HAGF and the consultants around and higher than Nigerian citizens, whose interest the HAGF as the Main Legislation Officer of the Federation is statutorily bound to usually protect.”
Also, really a short while ago, the AGF’s identify came up for scrutiny when it was alleged that he issued a directive that a part of the $136 million belonging to the Nigeria Nationwide Petroleum Corporation (NNPC) should be compensated in naira equal. The claim was made by Keystone Lender. The financial institution built this revelation during a hearing of the Ad-hoc Committee on Assessment and Standing of all recovered loots, Movable and Immovable Property, covering loots and property from 2002 to 2020 by companies of the federal governing administration.
Malami, who had proven that a overall of $136,676,600.51 was to be compensated to NNPC, directed that 96 million be paid in pounds, even though 40 million should really be compensated in naira. “Out of this overall volume, we paid $96 million in United States pounds and we paid the equivalent of $40 million in naira,” according to Lawal Ahmed, the Govt Director, North and Public Sector Directorate, Keystone Bank. He also explained that Malami encouraged the exchange fee at N305 to a dollar. Numerous Nigerians are continue to processing this incident and also asking yourself, what is going on!
Not many Nigerians would forget how the AGF equated motor spare parts sellers throughout the nation with killer herders that experienced been terrorizing farmers in Nigeria, for which he drew a lot of flaks. The workplace of the AGF is a sacred position, and like Caesar’s spouse, should be above board. And also previously mentioned suspicion!
A former Deputy Attorney Typical of the United States underneath the Invoice Clinton administration, Jamie Gorelick, describing the features of a great attorney basic reported the primary obligation of the attorney common is to be the voice for the rule of regulation, and to assure both equally the successful and neutral enforcement of the regulation, and recommend the president and the relaxation of his administration on the methods in which the steps that they choose can conform to law and coverage and the Constitution. That is the style of legal professional standard, Nigerians want Malami to be!