By Umar Jibrilu Gwandu
Despite the 2020 COVID-19 lockdown, the Office of the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) remained actively engaged to deliver on its public-oriented national mandate. Far from any ranking, preference or chronological chronicling of events, below are some of what might be considered as major achievements recorded by the AGF’s Office in the year 2020 despite the lockdown.
The Office of the AGF assiduously worked and ensured the repatriation of $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 – Ibadan Expressway, Abuja – 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. Malami’s Office saw to the signing of Presidential Executive Orders aimed at complementing the existing legislations and ensure inter-agency coordination in the process of implementation. 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. The Office recorded multiple successes, relating to lingering imbroglio between the Federal Government and Process and Industrial Development Limited. Nigeria was successful as the court award payment
of legal cost of €1.5m in favour of the country against P&ID. The Court also awarded payment of €70,000 to Nigeria as further legal cost relating to the issue.
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 (USD660,129.87) as reimbursement of its share of the arbitration costs incurred in the proceedings.
Acting in compliance with the extant laws including the provisions Economic and Financial Crimes Commission (EFCC) Establishment Act 2004, Malami set up and inaugurated Inter-Ministerial Asset Disposal Committee. The Committee was given six months to discharge its mandates. In compliance with Section 3 of the Assets Tracing, Recovery and Management Regulations (2019), the Minister launched the Central Database on Recovered Assets. Also introduced was the Central Criminal Justice Information System under Pillar 1 of the provisions of the National Anti-Corruption Strategy (2017-2021). 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.
The Office 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.
No fewer than twenty-five civil society organizations have expressed appreciation over the Attorney General of the Federation and Minister of Justice, Abubakar Malami’s efforts that culminated into the successes recorded in the anti-corruption crusade of the President Muhammadu Buhari’s administration. Malami said the Federal Government was working round the clock to ensure that Nigerian legal system reflects nation’s existence in view of dynamism and contemporary realities.
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.
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.
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.
Malami 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.
From the foregoing, it is evident that the Office of the AGF recorded tremendous successes and indelible imprint in the development of the country which many individuals, organizations and institutions appreciated.
Dr. Gwandu is the Special Assistant on Media and Public Relations, Office of the Attorney General of the Federation and Minister of Justice