Court To INEC, AGF: Show Cause Why Emefiele Shouldn’t Contest

 

Justice A. R. Mohammed of the Federal High Court in Abuja has asked the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF), Abubakar Malami, to show cause on why the Central Bank of Nigeria (CBN) Governor, Godwin Emefiele should not be allowed to contest the presidential election slated for next year.

This is contrary to a trending and misleading report that a Federal High Court has refused Emefiele’s request to restrain the INEC and the AGF from his presidential ambition.

Justice Mohammed has only summoned INEC and AGF to appear in court on May 12, to show cause on why status quo antebellum,
should not be granted to the CBN Governor.

The case, instituted to seek clarification about Section 84 (12) of the Electoral Act as amended, 2022, which according to the Counsel to the CBN Governor, Mike Ozekhome, does not affect him, being a public servant and not a political appointee, and thus, he could run for the post of the President of the Federal Republic of Nigeria without vacating his position as the CBN Governor.

Specifically, the Judge has summoned INEC & AGF to show up in the court on May 12 to explain why Emefiele should not be allowed to run.

Emefiele, through the suit, sought seven reliefs from the court, one of which was to declare him qualified to contest for the presidential post.

The reliefs include: “A DECLARATION that the Plaintiff can only be governed by or subject to the provisions of section 137(1) (g) and 318 of the Constitution of the federal republic of Nigeria, 1999 (as altered), which require a public officer seeking election into a political office to resign, withdraw or retire from his appointment at least 30 days to the presidential election, rather than by the provisions of section 84(12) of the Electoral Act, 2022 or the guidelines, rules, criteria, measures or conditions made by the plaintiffs political party or any political party,” read the court filing.

“A DECLARATION that the Plaintiff can validly participate in the primary election of a political party and is entitled to vote and be voted for as candidate of any political party of his choice for the purpose of the nomination of candidates for the election to the office of President or any other office under the constitution of the Federal Republic of Nigeria (as amended).

Having heard the Plaintiff, the court directed the Defendants, including INEC and AGF, to come to court on Thursday, 12th May, 2022, to show why the order for maintenance of status quo ante bellum should not be granted.

The Court also ordered the Plaintiff to deliver all processes to the Defendants, including a hearing notice.

Abba Kyari Will Escape From Nigeria If You Grant Him Bail – AGF, Abubakar Malami Tells Court

 

A Federal High Court sitting in Abuja has been cautioned against granting bail to suspended Deputy Commissioner of Police (DCP) Abba Kyari in his ongoing extradition case.

The Attorney-General of the Federation (AGF) and Justice Minister Abubakar Malami on Tuesday warned that the suspended Deputy Commissioner of Police (DCP) Abba Kyari could abscond if granted bail.

Malami made this known in a counter-affidavit to the bail application by Kyari.

It was in the document the AGF told the court that Kyari was being untruthful about his health going by the fact that the medical report he “paraded” was issued three years ago.

Head, Central Authority Unit (CAU) of the Federal Ministry of Justice, Akutah Ukeyima, said in a supporting written address, that the embattled officers could face no less than 20 years in jail if tried and convicted in the United States (US).

Malami had last month applied to the court for an order permitting the surrender of Kyari to the US authorities for prosecution over a criminal indictment said to be pending against him.

Before the April 27 fixed by Justice Inyang Ekwo for the hearing of the extradition application, Kyari applied for bail, claiming ill-health.

But, in his counter-affidavit, Malami told the court there was nothing to show at the moment that Kyari still suffers the ailment he claims.

He said, “The medical reports attached in support of the affidavit of the respondent are issued in respect of a medical condition that occurred in 2019 over three and half years ago.

“There is nothing to show that the respondent still suffers from the same ailment today. “There is nothing to guarantee that the respondent/applicant will not interfere with the case as he may abscond before the outcome of the case.”

The AGF reminded the court that the issue before it was “ simply to determine whether or not the respondent/applicant should be extradited to face trial in the US based on the evidence” before it.

“The applicant (Kyari) will jump bail at the slightest opportunity and will frustrate this honourable court from determining this application justly, judiciously and speedily,” the AGF said.

The Head of CAU in the Justice Ministry, Mr Ukeyima, told the court that the documents against Kyari “are so overwhelming.”

He said, “It is a felony and a serious offence at that: conspiracy to commit wire fraud, conspiracy to commit money laundering, aggravated identity theft and aiding and abetting. “The maximum punishment for these offences upon conviction in the US carries a maximum of 20 years each as contained in the various US laws.

“In Nigeria, it is for a term of 10 years with an option of a fine or both fine and imprisonment. His assets and properties, on conviction, are liable to forfeiture as provided under the Cybercrime (Prohibition, prevention, etc) Act, 2015.

“A cursory look at the extradition request and the affidavit evidence in respect of the extradition application shows that the evidence against the applicant is so overwhelming that the court’s discretion should not be exercised in his favour.”

Ukeyima added that since extradition cases are purely affidavit evidence cases and may not really require a lengthy time to conclude, the court should refuse Kyari’s application for bail in view of the risk involved.

Meanwhile, Justice Donatus Okorowo of the Federal High Court in Abuja has rescheduled the hearing for June 14 in a suit by a group, the Incorporated Trustees of Northern Peace Foundation (NPF), seeking to stop Kyari’s extradition.

The group, in the suit, marked: FHC/ABJ/CS/854/2021, argued that extradition of the suspended officer would amount to a violation of his rights.

Parties to the case filed on Monday by Kayode Ajulo were absent when it was called.

Okorowo, who had once threatened to strike out the suit for lack of diligent prosecution, adjourned till June 14.

 

Buhari May Sue National Assembly If Senate Doesn’t Stamp His Electoral Act Amendment – AGF, Malami Says

According to the Attorney General of the Federation, Abubakar Malami, (SAN), President Muhammadu Buhari-administration is considering pushing the Nigerian Senate to rubber-stamp his amendment of section 84 (12) of the Electoral Act or sue the national assembly.

Malami, gave the hint while fielding questions from journalists after Wednesday’s Federal Executive Council meeting.

Mr Malami disclosed that the regime might sue the national assembly for rejecting a bill by Mr Buhari, seeking the amendment of section 84 (12) of the Electoral Act.

The Senate had voted against Mr Buhari’s request to amend section 84 (12) which stipulates that political officeholders must first resign their appointment before contesting even party primary elections.

Mr Malami said, “National Assembly has taken a position, and if the government is in any way of the opinion that there are certain conflicts associated with the constitution, in terms of breaching the provisions of the constitution relating to law-making, the government has a lot of options to consider and exploit.”

He added, “One of the options is to request or demand the National Assembly to consider; the other option, if the government feels strongly about it, it may consider the judicial option which is equally available and open to all.”

State Attorneys General Sue Nigeria AGF Malami Over Non-remittance Of N176billion From Stamp Duties

The attorneys general in Nigeria’s 36 States have sued the Attorney General of the Federation and Minister of Justice, Abubakar Malami, for non-remittance of stamp duties fund generated from the states.

According to a court document, the attorneys sued Malami because funds generated from stamp duties are not remitted into states’ coffers, People’s Gazette reports.

They sought an order of the court to mandate Malami to pay N176 billion for the backlog of stamp duties received between 2015 and 2020.

The document read partly, “An order of this honourable court directing the defendant to pay over to the plaintiffs all the sum of monies amounting to one hundred and seventy-six billion, sixty-seven million, four hundred thousand naira (N176,067,400,000,00) representing ascertained and admitted collected stamp duties on individual persons’ transactions within their respective states for the period of 2015 and 2020, and thereafter till the time of the judgment of this honourable court or any other sum as the plaintiffs may be found entitled by the honourable court.”

The attorneys general also sought an order of perpetual injunction, “restraining the defendant by himself, privies, agents or any persons by whatever name or howsoever called from appointing anyone for the purpose of collecting Stamp Duties on individual persons’ transactions within the respective states of the plaintiffs henceforth.”

They further sought to declare that Malami had no right to withhold stamp duty transactions from individuals in their states.

In the document, they argued that Malami should not be allowed to collect, administer or collect stamp duties.

“A declaration that the defendant is not entitled to collect, administer, or keep the proceeds of any stamp duties on transactions involving individuals within the respective states of the plaintiffs or any manner interfere with the plaintiff’s right and authority in the administering the provision of Section 4(2) of the Stamp Duties Act Cap. S8 Laws of the Federation of Nigeria,” the document explained.

They sought the court to declare their entitlement to receive 85 per cent of stamp duties generated from electronic money transfer levies and others.

They demanded a declaration that “the plaintiffs are entitled to 85% of all stamp duties collected on electronic money transfer levy, on electronic receipts or electronic transfer for money deposited in deposit money banks and financial institutions, on any type of account to be accounted for and expressed to be received by the person to whom the transfer or deposit is made in the plaintiffs’ respective states.”

AGF, Malami Accuses Kanu Of Killing Fulani Herders, Bars IPOB Members, Branded T-shirts From Court Sittings

The Nigerian government under the legal guidance of the Attorney General of the Federation, Abubakar Malami (SAN), has adjusted the number of charges filed against Nnamdi Kanu, the leader of the secessionist group, Indigenous People of Biafra, IPOB.

The Department of State Services, DSS, had on November 23, 2015, filed cases of intimidation, criminal conspiracy, unlawful possession of firearms and membership of an illegal organisation, saying it breaches penal code of Section 97, 97B and 397.

The Attorney General in a statement on Wednesday, accused Kanu of committing heinous crimes including the alleged killing of Fulani cattle rearers, Force personnel, amongst others.

He described the Fulani herdsmen as innocent and only catering for their cattle, ScanNews reports.

He also warned members of IPOB to stay away from the next court sitting in Abuja, but added that Kanu’s lawyers will be permitted around the court premises on the trial day.

Also, no branded IPOB T-shirt or caps will be allowed within the court area.