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Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him (7778 Views)

Femi Falana Reacts To Baru's Defense With Three Legal Arguments / Buhari Receives Briefing From Attorney-general, NNPC Boss / Why Femi Falana Was Not Made A Minister - Sahara Reporters (2) (3) (4)

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Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by Nobody: 11:34pm On Jan 28, 2016
mnairaland:


The argument can easily be faulted.
That country cannnot enforce an undomesticated law does not mean it must hinder investigation as a result of that law.

A country can decide to allow investigation as a result of that law if they choose or disallow it if they choose.

It still boils down to the country making a choice either for or against which means it is optional and not obligatory
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by 2mNaira: 11:43pm On Jan 28, 2016
byrron:


It still boils down to the country making a choice either for or against which means it is optional and not obligatory

Yes it is not mandatory, but in this particular case it will be senseless for nigeria not to comoerate with an effort to try of punish people who were accused of commiting crimes against her citizen.

The truth is this: Falana is very much in point.Why would nigeria government refuse to cooperate with people who are trying to get justice for wong done against her citizen.

1 Like

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by Nobody: 11:53pm On Jan 28, 2016
mnairaland:


Yes it is not mandatory, but in this particular case it will be senseless for nigeria not to comoerate with an effort to try of punish people who were accused of commiting crimes against her citizen.

The truth is this: Falana is very much in point.Why would nigeria government refuse to cooperate with people who are trying to get justice for wong done against her citizen.

I beg to differ, Falana has also been defending corrupt individuals in Nigerian court's so what stops him from dragging the corrupt one's from his own perspective to the same court's in Nigeria were he has been defending his alleged corrupt client's?

If falana all of a sudden now lacks confidence from the same Nigerian judiciary he has always been a part of as well as benefited from then he is indeed a legal spectacle.

1 Like

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by 2mNaira: 11:59pm On Jan 28, 2016
ehissi:


Don't be fooled by English laguage constructs! No one is arguing whether $2.1bn or monies was stolen. What was said is that there is no $2.1bn arms deal; if there was then who are the dealers and what is the list of products to be supplied??
And what third world country by the way spends $2.1bn on only arms??


This is exactly what happened the last time someone cried foul to mislead folks! That was how Sanusi said $49bn was missing, then it became $20bn.

Has anyone noticed that Buhari isn't looking for any missing $20bn from NNPC account!!?? Thats because there was no missing $20bn or $49bn - if you read PriceWaterCooper investigative audit report, then you would have known!

But everyone has forgotten the FRCN audit report which remains un-investigated, concerning alleged violation and misappropriations by former governor lamido sanusi!! Where he spent millions of Naira above his constitutional limit - on a Boko Haram member's family - without course to any budgetary approval and nothing happened; stella Oduah's parastatal as aviation minister - NCAA - did same and everybody wanted a trial!!


See confusion...............

CBN is allowed to spend money without budgetary approval. I remember that Sanusi was summoned by the senate over this issue I watch his defence in senate on TV. It was so convincing that the senate had to let it go.
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by 2mNaira: 12:15am On Jan 29, 2016
byrron:


I beg to differ, Falana has also been defending corrupt individuals in Nigerian court's so what stops him from dragging the corrupt one's from his own perspective to the same court's in Nigeria were he has been defending his alleged corrupt client's?

If falana all of a sudden now lacks confidence from the same Nigerian judiciary he has always been a part of as well as benefited from then he is a indeed a legal spectacle.

I personally believe that falana took the matter to ICC specifically because of Okonjo-Iweala for the following reason:
1. Okonjo-Iweala is not resident in Nigeria and so Nigeria cannot try her.
2.Okonjo-Iweala is a woman of great international status and repute and as such Nigeria may be sluggish in trying her (if at all) even if she were living in Nigeria.
3.Because she is held high by the Igbos, the Igbos may cry out against the government and use some form of emotional blackmail to stop the trial.That may not be the case if ICC try her.

Femi Falana is just being smart.The truth is: in this case it is not easy to drag Ngozi to court not only in Nigeria but also at ICC.But the odds are higher at ICC.

1 Like 1 Share

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by linuxuser(m): 1:42am On Jan 29, 2016
I wonder sometimes how we Nigerians think with our legs. The issues raised by the letter addresed to the AGF raised constitutional issues. Unless you a lawyer, there is now way you can understand the issues raised. Law is not about how logical you can reason. Its more than that. If one does not understand it, this does not mean that you are a fool. You may have your own speciality. We simply dont have to turn everything to politics the essence of why Nigeria is what it is.

Politicing everything will only have one result - take Nigerian backward. Falana has just turned himself into a ridicule and an attention seeker. He knows what he is doing. He is a shame to the legal profession. I choose to be a lawyer over 30 years ago because of someone like him, Gani Fawenhinmi and GOK Ajayi because they were our lawyers then. How I wish Gani is alive to see how Falana has sold himslef and profession for a pot of food. Honestly its a shame.

1 Like

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by segalex: 3:20am On Jan 29, 2016
I have a question for this lawyer and I'm asking out of curiosity and with a sincerity of purpose.
If what he puts up there is true, how come Nigerian government was dragged to the ICC by the camerounian government over the bakassi land issue and not only did we attend the court, we even lost our land to them and the ruling is binding on us till today.
If Nigerian government isn't bound to obey the ICC due to the fact that our national assembly hasn't passed the treaty into law in Nigeria, why didn't this supposed brilliant lawyer raise such then or even now rather than allowing us to lose such a valuable asset to another country?

2 Likes

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by seunajia: 5:23am On Jan 29, 2016
Makes no sense. Nothing stops Falana from petitioning the ICC over matters bothering on human rights violations. In fact, it is his prerogative as a Nigerian lawyer and human rights defender.

I am not surprised at this lame letter strung together by one of the usual suspects in defence of their thieving, incompetent sister.

Nonsense!

1 Like

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ehissi(m): 6:49am On Jan 29, 2016
TheGoodJoe:



PwC's audit report supports many of Sanusi's allegations. The auditors found that the total gross revenues generated from the federal government of Nigeria crude oil liftings was $69.34bn from January 2012 to July 2013.

The total cash remitted into the government's accounts in relation to crude oil lifting was $50.81bn, leaving $18.53bn unaccounted for.

The report raised serious questions about the level of transparency and corporate structure of the national oil company.

http://www.internationalaccountingbulletin.com/news/pwc-forensic-report-on-oil-revenues-unveils-nigerias-demons-4570423

Please, stop using blue coloured fonts to raise false stories to mislead folks!! None of Sanusi's claims were substantiated in anyway.

All that price water cooper audit revealed was over 1bn paid in Kerosene subsidy which wasn't captured in the National budget but yet NNPC still paid based on the presidency's refusal to gazette the decision to scrap kerosene subsidy.

Mr President was asked to either gazette the decision and ask NNPC to refund rhe subsidy paid or the NASS find a way to include it in the budget since the NASS didn't really seem averse to kerosene subsidy, it was simply politics at work!!

1 Like

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ehissi(m): 6:54am On Jan 29, 2016
mnairaland:


CBN is allowed to spend money without budgetary approval. I remember that Sanusi was summoned by the senate over this issue I watch his defence in senate on TV. It was so convincing that the senate had to let it go.

On core functions of the CBN and with approval of the CBN Board, Yes!!

Donating #250million Naira to the family of the Uncle of the Slain Boko Haram Leader or donating #100million to the victims of Bomb blasts in Kano Only and Tagging it Corporate Social Responsiblity is an abuse of that power and that was what FRCN was against!! Abuse of power.

1 Like

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by justiz5(m): 7:20am On Jan 29, 2016
LastlyFREEDOM:

An Abuja-based constitutional Lawyer, Barrister JOHNMARY CHUKWUKASI JIDEOBI, has descended heavily on Chief Femi Falana in his letter to the Hon. Attorney-General of the Federation, accusing Falana of propagating legal heresy. In his letter dated 27th January, 2016 and recieved in the AGF's Office the same day, the Lawyer told the AGF that "It is already bad enough that a Senior Advocate consecrated to uphold the Nigerian Constitution (and not any undomesticated treaty) is betraying the Constitution he swore to protect in circumstances far away from good faith and at best self-serving.". Below is found a full copy of the letter.

27th January, 2016
THE HONOURABLE ATTORNEY-GENERAL OF THE FEDERATION,
ABUBAKAR MALAMI, SAN,
FEDERAL MINISTRY OF JUSTICE,
ABUJA.
DEAR SIR,
THE INVITATION LETTER OF CHIEF FEMI FALANA, SAN, TO THE INTERNATIONAL CRIMINAL COURT FOR THE INVESTIGATION AND POSSIBLE TRIAL OF SOME ALLEGEDLY-CORRUPT NIGERIANS: A DANGLING SWORD OF DAMOCLES OVER THE AMENDED 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA.
The above subject-matter refers.
1. I humbly write to draw your ever-kind attention to the letter written by Chief Femi Falana, SAN, and addressed to the Prosecutor of the International Criminal Court sitting in the Hague which was widely published both in the print and electronic media on the 25th January, 2016.

2. I have three core concerns that compelled this letter to your esteemed office. Firstly, by the infinite mercies of God Almighty, I am a member of this most honourable profession on this planet earth, the Legal profession to which all of us belong. Secondly, Chief Femi Falana is a high-ranking member of this ancient and noble profession by reason of which he is expected to be a shining example especially as it relates to his fidelity to the laws of the land. Thirdly, your highly-placed office is a historic one that shoulders enormous responsibilities especially as it relates to the protection of our Constitution and putting at the disposal of the President of the nation the best available legal advice on all issues of law.


3. While I make haste to recognize the right of Chief Femi Falana to hold his personal opinion on any issue of law, I will equally highlight the certainty of the qualifications of such right same not being absolute especially when public good and the dignity of our Constitution have come under a dangerous threat. Being a Minister in the Temple of Justice who has equally been charged to remain consistent in defending the Constitution of the Federal Republic of Nigeria and the Rule of Law generally, I consider this letter a discharge of duty that I owe my society in conscience so that propagation of legal heresy will not be allowed to take root in our society.

4. There is no doubt that all issues verging on the relationship between the Nigerian State and the International Criminal Court carries both international and Constitutional law elements which can easily sway or pull a wool over the eyes of undiscerning section of the Nigerian populace as Chief Femi Falana’s letter under consideration has tended to do in the present circumstance. The heart and soul of this letter therefor is to remove the chaff from the grain since any attempt by the Nigerian Authorities to heed the promptings of that letter will strike a mortal blow on the most sacred document that holds our Dear nation in balance and in being. That will be bad for not only our democracy but indeed each and every one of us.


5. I will quickly move to clear the debris accumulated by Chief Femi Falana’s letter by juxtaposing the most relevant section of our Constitution that circumscribes issues of Foreign instruments/treaties with the Rome Statute which is the base and springboard of Chief Femi Falana’s voyage to the Hague through the vehicle of his letter. Section 12 of the amended 1999 Constitution of the Federal Republic of Nigeria clearly provides in this unmistakable language;

6. 12 “(1) No treaty between the Federation and any other country shall have the force law except to the extent to which any such treaty has been enacted into law by the National Assembly.
7. (2) The National Assembly may make laws for the Federation or any part thererof with respect to matters not included in the Exclusive Legislative List for the purpose of implementing a treaty.
8. (3) A Bill for an Act of the National Assembly passed pursuant to the provisions of sub-section (2) of this section shall not be presented to the President for assent, and shall not be enacted unless it is ratified by a majority of all the Houses of Assembly in the Federation.

9. There is no doubt that under international law, treaties are seen as contracts between states and if they do not receive the consent of the various states, their provisions will not be binding upon them. The fundamental principle of treaty law is undoubtedly the proposition that treaties are binding upon the parties to them and must be performed in good faith. Under Article 11 of the 1969 Vienna Convention on the Law of Treaties, it is now firmly settled that among other ways, a state may signal its consent to international agreements by signature, exchange of instrument constituting a treaty, ratification, acceptance, approval or accession.


10. All students of international law will recall the never-ending battle between domestic and foreign courts. Thus, the place/fate of foreign laws/treaties before domestic courts vis-a- vis the place/fate of municipal laws before foreign courts have remained an enduring debate in the field of International law world over. While foreign courts/international tribunals have consistently held that municipal laws are amenable to foreign laws/treaties, the municipal courts of many nations have taken the opposite direction in consistently holding that foreign laws/treaties are amenable to domestic laws. In this regard, while interpreting Article 46(1) of the 1969 Vienna Convention on the Law of Treaties, the International Court of Justice held in the case of Cameroon V. Nigeria (Judgment) (2002) that a state cannot plead a breach of its constitutional provision as to the making of treaties as a valid excuse for condemning an agreement and resiling therefrom.

11. In contradistinction to the above position held by foreign courts, the House of Lords in England has come to the settled conclusion that “except to the extent that a treaty becomes incorporated into the laws of the United Kingdom by statute, the courts of the United Kingdom have no power to enforce treaty rights and obligations at the behest of a sovereign government or at the behest of a private individual” and further reaffirmed in the very recent case of A (FC) and Others (FC) v. Secretary of State for the Home Department (2005) UKHL 71 where it was held that “a treaty, even if ratified by the United Kingdom, has no binding force in the domestic law of this country unless it is given effect by statute or expresses principles of international law”. The position is no different in the United States of America. The question of a possible conflict between treaty obligations and domestic legislation was raised in Diggs v. Schultz 470 F. 2d 461, where the Supreme Court of the United States came to the conclusion that “under our constitutional scheme, Congress can denounce treaties if it see fit to do so, and there is nothing the other branches of government can do about it”

12. Sir, fortunately for us in Nigeria, the position is no different as our own Supreme Court has had the opportunity to show the Nigerian position in the case of Abacha V. Fawehinmi (2000) 6 NWLR (Pt.660) 228 where it was held as follows ““I have carefully considered all that has been said by learned counsel for the parties on the status of the Charter as an international treaty entered into by our country. I do not consider it necessary to set out in extenso in this judgment their submissions. Suffice it to say that an international treaty entered into by the government of Nigeria does not become binding until enacted into law by the National Assembly. See s 12(1) of the 1979 Constitution, which provides……….In my respectful view, I think the above passage represents the correct position of the law, not only in England, but in Nigeria as well.”

13. It is not in doubt that the Nigerian State acceded to the Rome Statute. It is equally not in doubt that on three different occasions, our National Assembly made efforts to pass the Rome Statute into law without success signifying the intention of the Nigerian people not to be bound yet by the provisions of the said Rome Statute. It logically flows from the foregoing that no Nigerian citizen can derive any benefit nor suffer any injury under the Rome Statute establishing the International Criminal Court same not haven acquired the force of law in the Federation.

14. It therefore boggles the mind and challenges established constitutional order that the request to the International Criminal Court of Justice to investigate and possibly try Nigerian citizens could emanate from a Nigerian Legal Practitioner. That this request is coming from a Senior Advocate of Nigeria, who ordinarily and primarily owes his allegiance and fidelity to the Constitution of the land, calls for a serious worry. Let it be said here Sir, that the Rome Statute in its entirety cannot be lawfully enforced by any person or authority in any part of the Federal Republic of Nigeria where the said Rome Statute has not been domesticated in Nigeria by a Legislation by the National Assembly in faithful compliance with section 12 of the 1999 Constitution of the Federal Republic of Nigeria being the supreme law of Nigeria.


15. In conclusion, I would urge you to use your good offices, when and if the occasion demands, to ensure that the Nigerian nation does not slide away from the sure path of constitutionalism by siren voices dripping with nebulous intentions other the promotion of the organic law of the land. It is already bad enough that a Senior Advocate consecrated to uphold the Nigerian Constitution (and not any undomesticated treaty) is betraying the Constitution he swore to protect in circumstances far away from good faith and at best self-serving. May I again restate my personal support and commitment to the current war against corruption being waged by the present administration which all well-meaning Nigerians must rise to support robustly in line with extant laws of the land. However, nobody should be allowed to hide under the guise of supporting the war against corruption to undermine and spurn our Constitution by pulling wool over the eyes of undiscerning members of the public. A call by Mr. Femi Falana, SAN, on the Nigerian Authorities to practically torpedo the organic law of the land is most unfortunate and uncharitable and deserves the outright condemnation of all stake-holders.

16. But assuming without conceding, for the purposes of argument, that under our laws the coast is clear for the Nigerian State to co-operate with the International Criminal Court, is Mr. Femi Falana in all sincerity claiming ignorance of the circumstances under which the International Criminal Court will not exercise jurisdiction? Indeed, the key feature of the International Criminal Court is founded on the concept of “complementarity” meaning essentially that the national courts have priority. Article 17 of the Rome Statute clearly outlines the circumstances under which the court will decline jurisdiction and a case will be inadmissible. These circumstances, among others, include where the case is being investigated or prosecuted by a state which has jurisdiction over it, unless the state is unwilling or unable genuinely to carry out the investigation or prosecution. Interestingly, Mr. Femi Falana did not allude to this Article 17 in his letter knowing fully well that those he is proposing to be arraigned at Hague are already having their day in different Nigerian Courts. There must indeed be a limit to outright lies and standing of logic on its head. I choose to say no more.
Please Sir, do graciously accept the assurances of my highest regards.

Yours in defence of Constitutionalism,

JOHNMARY CHUKWUKASI JIDEOB, Esq.
Lawyers confusing Nigerians since 0001 AD

1 Like

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by cosby02(m): 8:07am On Jan 29, 2016
Montaque:

Can you fault the argument? that's what I want to hear
I wouldn't expect you to reason otherwise.
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by TheGoodJoe(m): 8:11am On Jan 29, 2016
ehissi:


Please, stop using blue coloured fonts to raise false stories to mislead folks!! None of Sanusi's claims were substantiated in anyway.

All that price water cooper audit revealed was over 1bn paid in Kerosene subsidy which wasn't captured in the National budget but yet NNPC still paid based on the presidency's refusal to gazette the decision to scrap kerosene subsidy.

Mr President was asked to either gazette the decision and ask NNPC to refund rhe subsidy paid or the NASS find a way to include it in the budget since the NASS didn't really seem averse to kerosene subsidy, it was simply politics at work!!

[b]What is false Stories? NNPC do not have the right to sell Nigerian crude, keep some and tell us they used it for whatever they like.

That was what Emir Sanusi cried about. He said NNPC were selling our Crude and not remitting the whole Money.

The fact is, Emir Sanusi did not lie as you made it to look. The PWC report proved him right as you tried to make it look as if it proved him wrong.


Who or what gives NNPC the right to withhold nearly 30% of the money it receives on behalf of Nigeria and then spend it as it wishes? Here we have a goat locked in a room alone with a yam and no one to supervise what’s going on.

PwC’s opinion is that this practice of withholding money and then spending as it sees fit is highly dubious and that the NNPC act needs a legal opinion to determine whether it has the right to do this. What stops NNPC (the goat) from withholding 50% of revenues (the yam) and then telling us later that it spent it on one thing or the other? Based on this, nothing.

http://aguntasolo.com/2015/04/29/this-yam-this-goat-this-country-part-1/[/b]
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ehissi(m): 8:15am On Jan 29, 2016
TheGoodJoe:


You keep saying what third World Country spends $2.1 Billion on arms. GEJ already took a loan of a Billion dollars. Ngozi Okonjo Iweala already released over three Hundred Million.

I do not think we should ask if it was possible. Over $1.3 Billion is already clear for all to see.

As for the FRCN/Sanusi, I do not think there was anything there in that report. I feel it was just a series of allegations to kick Emir Sanusi for the letter leakage.

If GEJ and co. were sincere, they would have allowed him defend himself before kicking him out.

I have not seen a report that said that the $2.1 Billion does not include the loan GEJ took. That is like saying Dazuki did not use part of the Okonjo Iweala's Abacha's loot to fund Boko Haram fight.

The point exactly!! No government of a 3rd world country spends its money on arms; it borrowed.

FRCN attacked Sansui on 2 Major fronts - let not forget that FRCn is charged with routinely audit of CBN accounts.

One front was extra-budgetary expenditure on seemingly political issues outside CBN's core mandate. For crying out loud, CBN governor donated cash to bomb blast victims in an attack on a mosque in Kano - as though they had not been bombing people before kano state bombing, but his first ever donation was to kano - when there was an outcry against it, then he started sharing to others like Madalla church bomb victims etc

The second was his refusal to submit/adopt IFRS standard evn though he knock other banks for not doing so!! He had no reasonable excuse for this except that "Mr President is aware" and "I need more time". How much time did he give banks and how much time did he need, he never stated and till he left CBN after how many years at the helm of affairs he refused to adopt IFRS (International Financial Reporting Standard).

These are the crux upon which he was knocked. He had been receiving knocks from FRCN well before he spoke about $49.8 billion dollars missing from NNPC before he trimed the figure to $20bn.

If truly such funds were truly unaccounted for, why is our Darling President - who is also our Darling Petroleum Minister - not launching a probe into the whereabouts of the unaccounted $20billion!!??

Read and understand the PWC report, and think about it!!


Why did Sanusi have to get a court order restraining FRCN from investigating his tenure as CBN governor!!?? If truly the man didn't run CBN like an Emirate, he has nothing to fear right??

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Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by TheGoodJoe(m): 8:21am On Jan 29, 2016
ehissi:


The point exactly!! No government of a 3rd world country spends its money on arms; it borrowed.

FRCN attacked Sansui on 2 Major fronts - let not forget that FRCn is charged with routinely audit of CBN accounts.

One front was extra-budgetary expenditure on seemingly political issues outside CBN's core mandate. For crying out loud, CBN governor donated cash to bomb blast victims in an attack on a mosque in Kano - as though they had not been bombing people before kano state bombing, but his first ever donation was to kano - when there was an outcry against it, then he started sharing to others like Madalla church bomb victims etc

The second was his refusal to submit/adopt IFRS standard evn though he knock other banks for not doing so!! He had no reasonable excuse for this except that "Mr President is aware" and "I need more time". How much time did he give banks and how much time did he need, he never stated and till he left CBN after how many years at the helm of affairs he refused to adopt IFRS (International Financial Reporting Standard).

These are the crux upon which he was knocked. He had been receiving knocks from FRCN well before he spoke about $49.8 billion dollars missing from NNPC before he trimed the figure to $20bn.

If truly such funds were truly unaccounted for, why is our Darling President - who is also our Darling Petroleum Minister - not launching a probe into the whereabouts of the unaccounted $20billion!!??

Read and understand the PWC report, and think about it!!


Why did Sanusi have to get a court order restraining FRCN from investigating his tenure as CBN governor!!?? If truly the man didn't run CBN like an Emirate, he has nothing to fear right??

The question is, why did the court agree to issue a restraining order? Because, they agreed with Emir Sanusi's stand.

If GEJ wanted an Answer to the FRCN report, why remove Emir Sanusi from defending his office?

As for the probe of NNPC, it is well known that after the Arms Probe, NNPC is next. So why make it look like it is a forgotten issue.

The fact is Emir Sanusi did not lie and the report proved it. So using the FRCN report is to distract from the fact Emir Sanusi was right. PWC proved him right.
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ashjay001(m): 8:25am On Jan 29, 2016
resty4:
My ppl s1 tel me wetin ds guy lawyerman de talk na. I read finish bt i tel u my ppl d grama no b small tori! Still waitg.

He is being blinded by sentiments, instead of just having his say.

D long n short of it; Falana had no legal backing to approach d ICC. D legal backing being d Rome statutes, couldnt be passed into law by our National Assembly after abt 3 tries.

Also, u don't approach d ICC, without first approaching ur home Nation courts. And if d case is already being heard in ur local courts, u don't bring it to d ICC.

Though, from my little knowledge, our govt is probing diverted funds not d consequences of d diverted funds, which I believe is wat Falana tendered b4 d ICC.

I expect d legal luminary, Falana, to reply soonest. This calls his probity into question.

Waiting mood loading ...
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ehissi(m): 8:37am On Jan 29, 2016
TheGoodJoe:


[b]What is false Stories? NNPC do not have the right to sell Nigerian crude, keep some and tell us they used it for whatever they like.

That was what Emir Sanusi cried about. He said NNPC were selling our Crude and not remitting the whole Money.

The fact is, Emir Sanusi did not lie as you made it to look. The PWC report proved him right as you tried to make it look as if it proved him wrong.


Who or what gives NNPC the right to withhold nearly 30% of the money it receives on behalf of Nigeria and then spend it as it wishes? Here we have a goat locked in a room alone with a yam and no one to supervise what’s going on.

PwC’s opinion is that this practice of withholding money and then spending as it sees fit is highly dubious and that the NNPC act needs a legal opinion to determine whether it has the right to do this. What stops NNPC (the goat) from withholding 50% of revenues (the yam) and then telling us later that it spent it on one thing or the other? Based on this, nothing.

http://aguntasolo.com/2015/04/29/this-yam-this-goat-this-country-part-1/[/b]

The enabling acts that forged/established the NNPC gives the CBN every right to sell crude, substract its expenditure from the cash and remit the rest to government!!

http://www.vanguardngr.com/2015/04/nnpc-act-gives-it-a-blank-cheque-to-spend-without-limit-or-control-pwc/

Already NNPC had been taken to court over this issue and it won!! NNPC cannot be waiting 3months to receive budgetary allocations via supplementary budget for expenditures/exigencies that must be met in realtime!! Such expenditure isn't illegal, the issue in debate wasn't on it legality.

The issue to be addressed was whether that power was abused, and a clear violation was spotted in the payment of kerosene subsidy; but NNPC was absolved becasue FG refused to file in the National gazette the decision of NASS to end the Kerosene subsidy regime and also went further to direct NNPC to pay the subsidy instead of addressing that exclusion at the level of the NASS!

If you want NNPC to stop spending without approval, then the NNPC enabling act has to be amended to reflect that desire; simple and short!!

Chikenan!!

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Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by TheGoodJoe(m): 8:39am On Jan 29, 2016
ehissi:


The enabling acts that forged/established the NNPC gives the CBN every right to sell crude, substract its expenditure from the cash and remit the rest to government!!

http://www.vanguardngr.com/2015/04/nnpc-act-gives-it-a-blank-cheque-to-spend-without-limit-or-control-pwc/

Already NNPC had been taken to court over this issue and it won!! NNPC cannot be waiting 3months to receive budgetary allocations via supplementary budget for expenditures/exigencies that must be met in realtime!! Such expenditure isn't illegal, the issue in debate wasn't on it legality.

The issue to be addressed was whether that power was abused, and a clear violation was spotted in the payment of kerosene subsidy; but NNPC was absolved becasue FG refused to file in the National gazette the decision of NASS to end the Kerosene subsidy regime and also went further to direct NNPC to pay the subsidy instead of addressing that exclusion at the level of the NASS!

If you want NNPC to stop spending without approval, then the NNPC enabling act has to be amended to reflect that desire; simple and short!!

Chikenan!!

So, did Emir Sanusi lie?
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ehissi(m): 9:03am On Jan 29, 2016
TheGoodJoe:


The question is, why did the court agree to issue a restraining order? Because, they agreed with Emir Sanusi's stand.

If GEJ wanted an Answer to the FRCN report, why remove Emir Sanusi from defending his office?

As for the probe of NNPC, it is well known that after the Arms Probe, NNPC is next. So why make it look like it is a forgotten issue.

The fact is Emir Sanusi did not lie and the report proved it. So using the FRCN report is to distract from the fact Emir Sanusi was right. PWC proved him right.


Read your comment again and again and tell me that you bear no bias in favour of Sanusi.

Where is it done in the world that you seek to investigate the activities of a Minister or Head of Parastatal and such a person is still left in such office!! Most especially when such a person seems to have a case to answer!!??

Don't forget that the second to last audit of CBN by FRCB exposed issues, most especially the refusal to adopt IFRS which sanusi replied by asking for more; 6 moths to the end of your tenure, last audit of your tenure and instead of explaining refusal to adopt IFRS you reply by saying "Mr President is aware of the situation", what kind of crap is that??

The court granted the injunction for the same reasons that Buhari will lose his case against Dasuki in court; and that is violation of fundamental human rights!!

Aside from the fact that FRCN wasn't meant to lead that investigation - constitutionally - but was only to assist anti-corruption agencies in an advisory capacity; Sanusi was detain at the airport and his passport seized by FG agencies! This was why FRCN was restrained.

In any case, if Jonathan was still keen on investigating, the court injunction didn't stop it from doing so; it was Sanusi's new status as Emir that halted Jonathan in his tracks!!

Plus, it is only you that know that NNPC is next for probe as far as Buhari's spotlight is concerned!!

As at now, Buhari is the petroluem minister and if as petroluem minister for over 7 months he hasn't deemed it fit to probe the $20bn issue; it is obvious to even the simple minded that the issue is dead and gone!!

He has already declared his roadmap for NNPC which will involved splitting NNPC into 2 bodies with different roles; one as an investor in the sector and the other as a regulator in the Oil sector! A move that has already penned down 1,100 people for sack!!

Maybe you are a member of Buhari's change kitchen cabinet and initmately know somethings that we don't! Enlighten us some more...............

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Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by Babacele: 9:10am On Jan 29, 2016
lionness:
Rubbish from useless IPOB monkies. Doing anything to Defend OKonjo Iboala. Useless people!
ibola abi Ebola. she must account for her stewardship. y is she afraid?
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ehissi(m): 9:13am On Jan 29, 2016
TheGoodJoe:


So, did Emir Sanusi lie?

About $49.8billion and $20billion missing yes!!

If you even check news archives, you will see suggestive statements by Sanusi suggesting that those cash were to be part of PDP/Jonathan's electoral war chest for next elections!!

The elections have come and gone, now naa $2.1billion arms deal funds that was used to finance his electoral campaign. A deal that on one in the world has details about except Buhari and his Kitchen cabinet!!

Even scotland yard that prosecuted Ibori for laundering over $120million over 8years and called it a monumental financial crime is not aware, US isn't aware!! Dollars were moved around like that and the US economy didn't shift by a margin because $2.1bn is now like #2.1bn!!

I hear........

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Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by Shecxyy: 9:44am On Jan 29, 2016
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Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by Johnsonifeoluwa(m): 10:28am On Jan 29, 2016
is that not fabs the bad guys father?
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by TheGoodJoe(m): 10:30am On Jan 29, 2016
ehissi:


About $49.8billion and $20billion missing yes!!

If you even check news archives, you will see suggestive statements by Sanusi suggesting that those cash were to be part of PDP/Jonathan's electoral war chest for next elections!!

The elections have come and gone, now naa $2.1billion arms deal funds that was used to finance his electoral campaign. A deal that on one in the world has details about except Buhari and his Kitchen cabinet!!

Even scotland yard that prosecuted Ibori for laundering over $120million over 8years and called it a monumental financial crime is not aware, US isn't aware!! Dollars were moved around like that and the US economy didn't shift by a margin because $2.1bn is now like #2.1bn!!

I hear........

How can you say he lied. When you already said NNPC diverted the funds in the name of Kerosene Subsidy and other expenses. Na wa for you.

Even after PWC report said that NNPC did not remit all the money from Crude Sales, you are using long story to hide the fact Emir Sanusi exposed that the NNPC did not remit Billions of dollars.

Stop all these rants, did GEJ not take a loan of a Billion dollars?
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ehissi(m): 10:50am On Jan 29, 2016
TheGoodJoe:


How can you say he lied. When you already said NNPC diverted the funds in the name of Kerosene Subsidy and other expenses. Na wa for you.

Even after PWC report said that NNPC did not remit all the money from Crude Sales, you are using long story to hide the fact Emir Sanusi exposed that the NNPC did not remit Billions of dollars.

Stop all these rants, did GEJ not take a loan of a Billion dollars?

Nobody diverted funds, the PWC report has already been released and debate at the level of NASS!

NNPC paid subsidy on Kerosene in line with a Presidential directive and even the subsidy payment is not $49.8bn or $20billion!!

PWC report was clear to the Unbiased mind!

The report specifically stated that the issues of Kerosene subsidy payment was a fallout of bad politics between Presidency and NASS and called on both of them to review their stances on the issue - Meaning Mr President Reapproach NASS and NASS should accept MR presidents position on the matter.

NASS cannot ask NNPC to explain why Kerosene isn't available at #50 per litre and at the same time demand that NNPC refund cash paid on subsidy!!

Choose one stance and abandon the other; NASS chose to forgo the issue and further budgetted kerosens subsidy payments subsequently!! End of story!!
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by TheGoodJoe(m): 11:01am On Jan 29, 2016
ehissi:


Nobody diverted funds, the PWC report has already been released and debate at the level of NASS!

NNPC paid subsidy on Kerosene in line with a Presidential directive and even the subsidy payment is not $49.8bn or $20billion!!

PWC report was clear to the Unbiased mind!

The report specifically stated that the issues of Kerosene subsidy payment was a fallout of bad politics between Presidency and NASS and called on both of them to review their stances on the issue - Meaning Mr President Reapproach NASS and NASS should accept MR presidents position on the matter.

NASS cannot ask NNPC to explain why Kerosene isn't available at #50 per litre and at the same time demand that NNPC refund cash paid on subsidy!!

Choose one stance and abandon the other; NASS chose to forgo the issue and further budgetted kerosens subsidy payments subsequently!! End of story!!


PWC proved Emir Sanusi was right. NNPC sold Nigerian crude and did not remit Billions of US Dollars. You tried to make it look as if the PWC report proved Emir Sanusi wrong but the report proved him right.

Simple.
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ehissi(m): 11:36am On Jan 29, 2016
TheGoodJoe:


PWC proved Emir Sanusi was right. NNPC sold Nigerian crude and did not remit Billions of US Dollars. You tried to make it look as if the PWC report proved Emir Sanusi wrong but the report proved him right.

Simple.

Meaning $20bn dollars is still missing right!!??
Because it was $20bn dollars that Sanusi said was Missing that instigated the call for the audit!!

In your own words $20bn dollars is till missing right!!??
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by TheGoodJoe(m): 12:42pm On Jan 29, 2016
ehissi:


Meaning $20bn dollars is still missing right!!??
Because it was $20bn dollars that Sanusi said was Missing that instigated the call for the audit!!

In your own words $20bn dollars is till missing right!!??


A quick recap of what started all of this – King Mohammed Sanusi II, in his former life as SLS, the Central Bank Governor, told the nation that, based on what he had calculated, NNPC sold $67bn worth of crude in the period from January 2012 to July 2013. He then said that as custodian of the nation’s purse, he had only received $47bn of this amount. In other words, up to $20bn of the money was not accounted for.

Contrary to popular perception, SLS never did say the money had been stolen and he certainly didn’t name any names in his 300 page report submitted to the National Assembly. His main issue at the time was that, as CBN Governor, his job was to manage the exchange rate and the nation’s reserves. If there was $20bn out there in the wild, then his job was being made a lot harder than it needed to be.

http://aguntasolo.com/2015/04/29/this-yam-this-goat-this-country-part-1/

Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by ehissi(m): 1:37pm On Jan 29, 2016
TheGoodJoe:



A quick recap of what started all of this – King Mohammed Sanusi II, in his former life as SLS, the Central Bank Governor, told the nation that, based on what he had calculated, NNPC sold $67bn worth of crude in the period from January 2012 to July 2013. He then said that as custodian of the nation’s purse, he had only received $47bn of this amount. In other words, up to $20bn of the money was not accounted for.

Contrary to popular perception, SLS never did say the money had been stolen and he certainly didn’t name any names in his 300 page report submitted to the National Assembly. His main issue at the time was that, as CBN Governor, his job was to manage the exchange rate and the nation’s reserves. If there was $20bn out there in the wild, then his job was being made a lot harder than it needed to be.

http://aguntasolo.com/2015/04/29/this-yam-this-goat-this-country-part-1/


Obviously you have much faith in the link that you are touting or better yet you are too caught up trying to generate traffic for your blog or even your mentor's blog to recognise the facts!!

Your response to my question only makes only makes certains things clear to me;

First of all, You never bothered to read the PWC audit report, only a mentor's skewed interpretation of the facts of the report!!

Secondly and for the record, it is not found anywhere in any news archive that Sanusi reported $20bn dollars missing.

Sanusi drafted a letter to Mr President that was leaked to press where he said $49.8billion dollars was Missing!!

It was when Sanusi was summoned to the Senate to explain how he came about those figures that he re-adjusted his figures to $20billion dollars!! That was what popularised the 20billion dollars conspiracy!!

Nkonjo Iweala when summoned referred the senate to The Minister of Petroluem because NNPC is a Parastatal under Ministry a petroluem and not ministry of finance; beside she has no access to NNPC expenditure neither is she an expert in Oil and gas accounting!!

Allison suggested a probe because there was no sign of a leak!!

The house committee - I believe it should be on Oil and Gas with commitee on finance - waded into the matter and found about $3 or $4bn dollars which NNPC said was used for certain maintenance work. NNPC MD's, Nkonjo Iweala, Alison, Sanusi gave depositions at the committee sittings.

The things I gathered from the Committee's sitting which was obvious even to the blind is as follow:-

Sanusi has no experience nor skill in Oil and gas law or accounting so how can he give account of NNPC handling of funds!!??

It was this lack of technical expertise in Oil and Gas accounting that led the commitee to recommend that external auditors be nominated to review the controversial figure at the concluding of the sitting which was about $4bn and not $20bn.
And at the end of the sitting, Sanusi was asked on National Television if he was clear about the $20billion figure and he said yes!!

It was when the newspapers announced that FRcN wanted to recommend his suspension based on perceived irregularities at CBN that he gave a press conference hammering on 20bn and that he was persecuted for telling the truth about missing funds.


Sanusi - CBN governor - is more or less a Parastatal head under the Ministry of finance, NNPC is more or less a parastatal under Ministry of Petroluem; how is it that Sanusi has more information on activities under ministry of petroluem more than even the minister??

You say that NNPC spends cash without approval from the National assembly, till this morning NNPC is still spending cash from Crude oil sales without National assembly approval!

It has a mandate to do so on the behalf of FG based on enabling laws that setup NNPC; who is crying blue murder now!!??

If Sanusi spoke about it as though it was abnormal, it is proof that he is totally ignorant about how the oil and gas sector works. And if he can be wrong about how the oil and gas sector should operate, he probably was wrong about how cash managing such operation is utilised and in effect he is probably wrong about any missing cash!!

Check my profile for topics I have created on Nairaland; you will see a Diary I culled from vanguard which catalogues the whole story of the missing $49bn from Day 1 of this whole conspiracy with date and time!!

So don't make assumptions based on what was raised by a mentor who probably doesn't have enough info on the matter!!

Just leave Trash for LAWMA and let's focus on a different stuff altogther.........
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by TheGoodJoe(m): 2:36pm On Jan 29, 2016
ehissi:


Obviously you have much faith in the link that you are touting or better yet you are too caught up trying to generate traffic for your blog or even your mentor's blog to recognise the facts!!

Your response to my question only makes only makes certains things clear to me;

First of all, You never bothered to read the PWC audit report, only a mentor's skewed interpretation of the facts of the report!!

Secondly and for the record, it is not found anywhere in any news archive that Sanusi reported $20bn dollars missing.

Sanusi drafted a letter to Mr President that was leaked to press where he said $49.8billion dollars was Missing!!

It was when Sanusi was summoned to the Senate to explain how he came about those figures that he re-adjusted his figures to $20billion dollars!! That was what popularised the 20billion dollars conspiracy!!

Nkonjo Iweala when summoned referred the senate to The Minister of Petroluem because NNPC is a Parastatal under Ministry a petroluem and not ministry of finance; beside she has no access to NNPC expenditure neither is she an expert in Oil and gas accounting!!

Allison suggested a probe because there was no sign of a leak!!

The house committee - I believe it should be on Oil and Gas with commitee on finance - waded into the matter and found about $3 or $4bn dollars which NNPC said was used for certain maintenance work. NNPC MD's, Nkonjo Iweala, Alison, Sanusi gave depositions at the committee sittings.

The things I gathered from the Committee's sitting which was obvious even to the blind is as follow:-

Sanusi has no experience nor skill in Oil and gas law or accounting so how can he give account of NNPC handling of funds!!??

It was this lack of technical expertise in Oil and Gas accounting that led the commitee to recommend that external auditors be nominated to review the controversial figure at the concluding of the sitting which was about $4bn and not $20bn.
And at the end of the sitting, Sanusi was asked on National Television if he was clear about the $20billion figure and he said yes!!

It was when the newspapers announced that FRcN wanted to recommend his suspension based on perceived irregularities at CBN that he gave a press conference hammering on 20bn and that he was persecuted for telling the truth about missing funds.


Sanusi - CBN governor - is more or less a Parastatal head under the Ministry of finance, NNPC is more or less a parastatal under Ministry of Petroluem; how is it that Sanusi has more information on activities under ministry of petroluem more than even the minister??

You say that NNPC spends cash without approval from the National assembly, till this morning NNPC is still spending cash from Crude oil sales without National assembly approval!

It has a mandate to do so on the behalf of FG based on enabling laws that setup NNPC; who is crying blue murder now!!??

If Sanusi spoke about it as though it was abnormal, it is proof that he is totally ignorant about how the oil and gas sector works. And if he can be wrong about how the oil and gas sector should operate, he probably was wrong about how cash managing such operation is utilised and in effect he is probably wrong about any missing cash!!

Check my profile for topics I have created on Nairaland; you will see a Diary I culled from vanguard which catalogues the whole story of the missing $49bn from Day 1 of this whole conspiracy with date and time!!

So don't make assumptions based on what was raised by a mentor who probably doesn't have enough info on the matter!!

Just leave Trash for LAWMA and let's focus on a different stuff altogther.........

Ridiculous. Generate traffic for my blog? Please check my signature, I am a football lover. If I want to blog, I will blog about football. I am an Akwa Ibomite. My Mother is from Abia State. That article is written by a yoruba guy.

Please stop your false accusation.
Re: Femi Falana In Deep Mess: See What His Junior Told Attorney-general About Him by TheGoodJoe(m): 2:45pm On Jan 29, 2016
ehissi:


Obviously you have much faith in the link that you are touting or better yet you are too caught up trying to generate traffic for your blog or even your mentor's blog to recognise the facts!!

Your response to my question only makes only makes certains things clear to me;

First of all, You never bothered to read the PWC audit report, only a mentor's skewed interpretation of the facts of the report!!

Secondly and for the record, it is not found anywhere in any news archive that Sanusi reported $20bn dollars missing.

Sanusi drafted a letter to Mr President that was leaked to press where he said $49.8billion dollars was Missing!!

It was when Sanusi was summoned to the Senate to explain how he came about those figures that he re-adjusted his figures to $20billion dollars!! That was what popularised the 20billion dollars conspiracy!!

Nkonjo Iweala when summoned referred the senate to The Minister of Petroluem because NNPC is a Parastatal under Ministry a petroluem and not ministry of finance; beside she has no access to NNPC expenditure neither is she an expert in Oil and gas accounting!!

Allison suggested a probe because there was no sign of a leak!!

The house committee - I believe it should be on Oil and Gas with commitee on finance - waded into the matter and found about $3 or $4bn dollars which NNPC said was used for certain maintenance work. NNPC MD's, Nkonjo Iweala, Alison, Sanusi gave depositions at the committee sittings.

The things I gathered from the Committee's sitting which was obvious even to the blind is as follow:-

Sanusi has no experience nor skill in Oil and gas law or accounting so how can he give account of NNPC handling of funds!!??

It was this lack of technical expertise in Oil and Gas accounting that led the commitee to recommend that external auditors be nominated to review the controversial figure at the concluding of the sitting which was about $4bn and not $20bn.
And at the end of the sitting, Sanusi was asked on National Television if he was clear about the $20billion figure and he said yes!!

It was when the newspapers announced that FRcN wanted to recommend his suspension based on perceived irregularities at CBN that he gave a press conference hammering on 20bn and that he was persecuted for telling the truth about missing funds.


Sanusi - CBN governor - is more or less a Parastatal head under the Ministry of finance, NNPC is more or less a parastatal under Ministry of Petroluem; how is it that Sanusi has more information on activities under ministry of petroluem more than even the minister??

You say that NNPC spends cash without approval from the National assembly, till this morning NNPC is still spending cash from Crude oil sales without National assembly approval!

It has a mandate to do so on the behalf of FG based on enabling laws that setup NNPC; who is crying blue murder now!!??

If Sanusi spoke about it as though it was abnormal, it is proof that he is totally ignorant about how the oil and gas sector works. And if he can be wrong about how the oil and gas sector should operate, he probably was wrong about how cash managing such operation is utilised and in effect he is probably wrong about any missing cash!!

Check my profile for topics I have created on Nairaland; you will see a Diary I culled from vanguard which catalogues the whole story of the missing $49bn from Day 1 of this whole conspiracy with date and time!!

So don't make assumptions based on what was raised by a mentor who probably doesn't have enough info on the matter!!

Just leave Trash for LAWMA and let's focus on a different stuff altogther.........

You are good at writing long epistles of things that do not answer the question. The link I quoted clearly stated Sanusi's stance. Your reply below is just dancing around a table of different talks.

Why does Emir Sanusi need to know the runnings of the Oil and Gas? He was running the CBN. The CBN made Sales and they did not remit all the money. Simple.

The Audit report said, they did not audit the report.

Simple. Whatever technicalities NNPC wants to use to explain what they did with the money, they should save it for the probe when it starts.

All these the the senate called Sanusi, then they called NOI, then they said they did Subsidy is long story. That is why your writing long epistle.

Simple, they sold crude and did not remit all the money amounting to Billions of dollars. Emir Sanusi pointed it out and an Audit took place confirming that they did not remit all the money.

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