₦airaland Forum

“He does not appreciate the law against corruption handed down by the Supreme Court in the case of A-G., Ondo State v. A.-G., Federation (2002) 9 NWLR (Pt.772) 222 which enjoined all Nigerians to fight against corruption and to ensure that institutions set up under the Act of the National Assembly which gives effect to Section 15 (5) of the Constitution should be allowed to function and not sabotaged

Sack Aondoakaa now, Gani begs Yar'Adua
By Innocent Anaba
Posted to the Web: Monday, September 17, 2007




LAGOS — LAGOS lawyer, Chief Gani Fawehinmi (SAN), yesterday from his sick bed in London, called for the immediate sack of the Attorney-General of the Federation and Minister of Justice, Chief Michael Aondoakaa (SAN), arguing that for as long as he (Aondoakaa) remained in office, Nigeria would continue to be a laughing stock before the international community.

Fawehinmi, in a statement his said, “although I am in pain of medical treatment here in London, nevertheless, I am appalled and disturbed by the negative and unconstitutional role being played by the AGF, Aondoakaa, with regards to the anti-corruption war embarked upon by the Economic and Financial Crimes Commission (EFCC).

"Since assuming office on July 26, 2007, the Chief Law Officer of the Federation and Minister of Justice, Aondoakaa, has been giving the unmistakable impression that the crusade against corruption in Nigeria is not in his agenda and that the activities of the institutions engaged in the war against corruption do not have his support.

“The actions and utterances of the AGF are not in consonance with the avowed pronouncements and promises of President Yar’ Adua to combat corruption in all its ramification. The AGF has predicated his queer position on his power under section 174 of the constitution and his distorted understanding of the rule of law. On the contrary, he is acting against the fundamentals of his power under section 174 of the constitution and in violation of the rule of law.”
Fawehinm said, in summary, the Office of the AGF has gravely imperiled  by its present holder, Aondoakaa, because:

“He absolutely failed to appreciate the dual nature of his office as both the Chief Law Officer of the Federation and Minister of Justice in the government of President Umant Musa Yar’ Adua.

“Aondoakaa, does not know what the public interest is with regards to the issue of corruption in Nigeria. He has chosen to ignore the fundamental problem of our country, which the constitution has addressed.

“Aondoakaa, is deliberately ignoring the constitutional command in Section 15 (5) of the Constitution of the Federal Republic of Nigeria, 1999 which provides that the ‘State shall abolish all corrupt practices and abuse of power.’

“He does not appreciate the law against corruption handed down by the Supreme Court in the case of A-G., Ondo State v. A.-G., Federation (2002) 9 NWLR (Pt.772) 222 which enjoined all Nigerians to fight against corruption and to ensure that institutions set up under the Act of the National Assembly which gives effect to Section 15 (5) of the Constitution should be allowed to function and not sabotaged.

“By his pronouncements and attitude, the Attorney-General of the Federation, Mr. Michael Aondoakaa, SAN, has been unduly castigating, humiliating and vilifying public institutions and their officers assigned to fight corruption by the Constitution of the Federal Republic of Nigeria, 1999 and the Act of the National Assembly and confirmed by the decision of the Supreme Court in A.-G., Ondo State v. A.-G., Federation referred to above. The behaviour of the Attorney-General of the Federation unequivocally demonstrates his bias for past public officers who are now accused of corruption by these constitutionally and legally established institutions.

“Aondoakaa, since coming into office as the Chief Law Officer of the Federation has not displayed the decorum and respectability of his office thereby eroding the public confidence the office should attract or engender.

“What the Nigeria’s AGF has been doing since coming into office is diametrically against the internationally accepted role of a nation’s Attorney-General.

“The present AGF, Aondoakaa, should be removed from office by the President Yar’Adua, because as long as he remains in office, Nigeria will continue to be a laughing stock in the international community because the whole world is now fighting corruption by political leaders, who have bled their people to socio-economic stupor and have made life unbearable for them in the midst of plenty.

Subversion of the Rule of Law-Femi Falana

Last View on Fri 14th September, 2007
Last Modified on Mon 10th September, 2007 12:55:35 am
Author: Admin Sahara
In the purported defence of the rule of law,the Attorney-General of the federal government "ruled" that the charges filed by the EFCC against ex-gov Orji Kalu are illegal on the ground that they were filed in defiance of the ex parte order issued by an Umuahia High court.Sometime in May 2007,Chief Orji Kalu had approached the High court of Abia state holding at Umuahia for the protection of his fundamental rights to personal liberty. While granting him leave to enforce his fundamental rights,the high court directed that the leave shall operate as a stay of action pending the final determination of the substantive application.

With respect,the intepretation of the learned Attorney-General to the effect that Chief Kalu could not be arrested or charged to court until the final determination of the application for the enforcement of his fundamental rights is totally misleading.In the case of Nzewi and others vs Commissioner of police(2000) 2 HRLRA 156 the applicants complained of arbitrary arrest and detention by the police. The federal High court granted them leave to enforce their fundamental rights and directed that leave should operate as a stay of further action pending the determination of the substantive case.The applicants proceeded to commit the respondents for contempt when they were invited by the police to answer the criminal complaint against them.In dismissing the application for contempt,the federal High court(per Ajakaiye J.) held inter alia:
"It is clear that what the Court intended in that order is that the applicants should not be arrested unless there is a legal basis or justification for it.It cannot be said to mean that the order granted to the applicants is a general bill of immunity or insurance from legal processes or redress in appropriate cases.The order was not meant or could not have intended to make the applicants or any of them an institution or anybody above the law.It was implicit in that order that while they carry on their lawful business peacefully and while they continue to be law abiding, their fundamental rights as enshrined in our constitution remain inviolate and guaranteed.No court of law can make an order capable of turning a citizen into an outlaw."

Since the EFCC arrested Chief Kalu and charged him to the federal high court promptly it cannot be said by any stretch of imagination that the order of the Umuahia High Court was disobeyed by the anti-graft agency.In any case if the EFCC has committed contempt in the circumstances,it is left for the Umuahia High Court to take appropriate action under the law.The honorable chief law officer has no power whatsoever to usurp the judicial functions of the Abia state High Court.Therefore, the pronouncement credited to him on a matter that is pending before a competent court of law is tantamount to a gross subversion of the Rule of Law which he claims to be defending.

Instead of playing on the collective intelligence of Nigerians,the Umaru Yaradua regime should be courageous enough to drop all corruption charges against his brother Governors and stop masquerading under the Rule of Law. .

FEMI FALANA

EFCC apologises to Attorney-General over Kalu
Lanre Adewole, Abuja - 12.09.2007

The Economic and Financial Crimes Commission (EFCC) has finally conceded superiority to the Attorney General of the Federation and Minister of Justice, Chief Michael Aondoakaa (SAN), as it reportedly tendered an apology on their face-off over the trial of former Abia State governor, Orji Uzor Kalu, for corruption.


The minister had written to the commission demanding an apology, following an attempt by a private lawyer engaged by the commission to stop the Director of Public Prosecution of the Federation, Mr. Salihu Aliyu, from announcing his appearance in an application filed by Kalu, wherein the Federal Government was the sole respondent.


The demand from the minister was earlier spurned by the commission, leading to an altercation between the two institutions.


However, while launching the Rule of Law Initiate of the present administration in his office in Abuja on Tuesday, the Attorney General revealed that the commission had finally eaten the humble pie and had come to him with an informal apology. He was however, silent on the harbinger of the apology. According to him, “if somebody comes to you and explained himself over an issue to the effect that the lawyer in question went beyond his brief and that he acted in error, I consider that as an apology.”


“The EFCC blamed the situation to communication gap and I honestly understand with them. It is not a personal thing between the commission and myself. I have buried the issue which is not significant to distract my official duties.”


“Their explanation satisfied all we needed”. Reacting to criticism trailing his brand of “rule of law agenda” which was said to have been tailored to weaken the anti-corruption agencies, Andoakaa explained that contrary to this, his directives on the modalities of trial for alleged criminal offences, “were meant to strengthen not cripple the anti-graft agencies”. We are insisting that any one arrested by the anti-graft agencies must be taken to court within 48 hours in compliance with the rule of law programmes of the President Umar Musa Yar’Adua administration” he stated.

AGF Takes Over Alams’ Case
Posted by admin on 2007/9/11 15:21:28 (31 reads)
By Nnamdi Felix /Abuja

The plan by the Attorney General of the Federation and Minister of Justice to take over the prosecution of embattled former governors standing trial in different courts on charges levelled against them by the Economic and Financial Crimes Commission (EFCC) this morning moved over to the Code of Conduct Tribunal.

At the resumed trial of Alamieyeseigha at the Code of Conduct Tribunal, the Attorney General, represented by Salihu Aliyu, the Director of Public Prosecution leading a team of five lawyers from the Attorney General’s office, took over the prosecution of Alamieyeseigha from Thompson Olatigbe who had been handling the matter since its commencement at the Code of Conduct Tribunal.

At today’s proceedings, Alamieyeseigha was conspicuously absent. This provoked the presiding judge, Justice Constance Momoh, who remarked that she is aware that Alams is hale and hearty and now in the country, having attended a reception party oganised for him in Bayelsa State.

Counsel to former Governor Alams, Mrs. M. Nomwhange, informed the tribunal that she is yet to be properly briefed by the former governor.

The Attorney General requested for time to enable him familiarise himself with the details of the matter.

The matter was thereafter adjourned till 30 October for further hearing.

Washington Hails Yar’Adua On Rule Of Law
Mon, 10 Sep 2007 22:11:00
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Article by:
By Chinedu Offor,Correspondent,Washington DC 









United States of American government has commended President Umaru Yar'Adua for his efforts to enthrone the rule of law as a cardinal principle of his government.

Washington described recent decisions by Yar'Adua on the on-going investigations and trials by some agencies, including the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), as "bold and in-line with international principles of justice and fairness".

In a statement, the Justice Department also said the recent directive giving the Attorney General of the Federation oversight responsibilities over the EFCC would remove any "seemingly contradiction of an investigative agency having the powers to detain and prosecute at the same time".

It said under the new structure, the EFCC would achieve greater success by concentrating mainly on investigations of financial crimes.

"We are impressed with the achievements of the EFCC and support its crackdown on all kinds of graft and official corruption, but its actions and mandate must be within the constitution and rule of law", an official told Daily Independent in Washington.

The department also supported the decision of the attorney general to obey the court order against the arrest and trial of former Abia State Governor, Orji Uzor Kalu.

Control of Oil Profits: Big Reason Behind Holy War
Bin Laden: the CIA’s Frankenstein
The New York Times (9/14) published an extensive article by Middle East expert Judith Miller, titled "Bin Laden: Child of Privilege Who Champions Holy War." While it is no secret that Bin Laden was a creature of the U.S. intelligence services, Ms. Miller merely smoothes it over by saying, "…the U.S. had worked ‘alongside’ him to help oust the Russians from Afghanistan…" The U.S. "work" poured in $2 billion!

If anyone is to blame for the terrorist activities of Bin Laden, it’s the CIA.

First, let’s understand why Bin Laden and the U.S. bosses are now enemies. Although it is posed as a "holy war," it is basically over the oil wealth of Saudi Arabia. Bin Laden represents a section of the Saudi ruling class (from which he comes from) who wants full control of the oil, instead of sharing with Exxon-Mobil. The U.S. bosses know if they lose Saudi Arabia, the way they lost Iraq, they won’t have control of the cheapest and biggest oil producers in the world. Without this control. U.S. imperialist supremacy is in serious question.

CIA Trained Bin Laden to Wage Anti-Communist Holy War
In 1979, Bin Laden, who inherited a $300 million fortune from his father (accumulated from construction work for the Royal Saudi family), decided to abandon his former life of luxury and dedicate himself to "fight communism." When the Soviet army entered Afghanistan to support a pro-Moscow government there, Bin Laden was recruited by the CIA to become the "financier" of the anti-Soviet "holy war."

In 1986, William Casey, CIA chief under Reagan, approved an old proposal by the Pakistani intelligence services to recruit Islamic fundamentalists worldwide to fight the Soviets in Afghanistan. While the Pakistanis did the recruiting, Saudi Arabia provided money and the U.S. gave political support and "funneled more than $2 billion in guns and money…during the 1980s. It was the largest covert action program since World War II (Washington Post, 7/19/92).

Soon, 35,000 fundamentalists came to fight alongside the Afghani holy warriors. Sylvester Stallone’s Rambo III (1988) was based on this CIA vision of the world: then the "good" guys were the Bin Laden "holy warriors" fighting the "evil communist" Soviet empire.

Bin Laden and his followers learned all their tricks from the master terrorists: the CIA. "It was the CIA which taught him how to be bold…It was also the CIA which taught him the tricks of a secret war: how to move money around using ghost companies and off shore fiscal paradises, how to prepare explosives, how to use coded messages to communicate with his agents and avoid detection, how to retreat into a safe base after a big blow to the enemy…"(El Pais, Madrid, 9/14).

Soon after the Soviet Army left Afghanistan and the Soviet Union itself imploded, the U.S. and its Pakistani allies began supporting the most backward of all the holy warriors, the Taleban. The Pakistani intelligence services financed all of this by smuggling opium and heroin from Afghanistan.

In 1991, when the U.S. led an imperialist coalition against Iraq, and U.S. troops were stationed in the Moslem "holy land" of Saudi Arabia, the fundamentalists united against the new "evil empire," their old friends in the U.S. Bin Laden joined forces with other fundamentalist forces like Islamic Jihad of Egypt who had murdered Anwar Sadat, considered a lackey of the U.S. and Israel.

But even while Bin Laden has become the number one bad guy on the U.S. hit list, some of his followers are still serving U.S. bosses. Last April, Secy. of State Colin Powell approved $43 million in "humanitarian" aid for the Taleban.

Furthermore, many of the veterans of the Afghan "holy war" were fighting alongside the U.S.-supported Kosovo-Albanian "freedom fighters" during the 1999 air war against the former Yugoslavia. And more recently, some have fought with the Albanian forces against the government of Macedonia.

Again, when one talks about terrorism, don’t lose sight of the big ones: U.S. imperialism and its CIA. And don’t lose sight of what is behind the holy war between Bin Laden and the U.S. bosses: control of oil profits.

PM NEWS

Kalu’s Trial: EFCC, Attorney-General Clash In Court 

By: admin

Published: 2007/9/5 - Read 745 times  Article Rated: 0.00

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By Nnamdi Felix /Abuja

A mild drama played out itself this morning at a Federal High Court sitting in Abuja as the Attorney-General of the Federation and Minister of Justice, Mike Aondoakaa, tackled Economic and Financial Crimes Commission (EFCC) over the prosecution of the former Governor of Abia State, Orji Uzor Kalu.

The drama unfolded at the hearing of a matter instituted by the former governor of Abia State seeking to quash the charges slammed on him by EFCC for which he is currently standing trial.

Orji Kalu urged the court to declare his ongoing trial null and void since it was in violation of an earlier order granted by Justice A. You. Kalu to the Abia State High Court barring EFCC from arresting, detaining and prosecuting him.

In the course of the proceeding, Barrister Adebisi Adeniyi of the EFCC announced appearance for the federal government while Mr. Salihu Aliyu, the director of public prosecution also announced appearance for the federal government. This clash led to both lawyers being asked by the presiding Judge, Justice Babs Kuewumi, to go out and settle their differences on who to represent the federal government in the matter.

On their return, Salihu Aliyu of the DPP took over from Adeniyi of the EFCC. According to Salihu, “the attorney general and the minister of justice is the number one legal officer of this country and every other body or institution is subsumed under him.”

Orji Uzor Kalu, through his counsel, Chief Awa Kalu (SAN) stated that he sent a petition to the President, Umaru Musa Yar’Adua and similarly copied the chambers of the attorney general of the federation over the EFCC’s disobedience of a subsisting court order in view of the federal government’s resolve to abide by the rule of law.

He averred that the conduct of the EFCC in the prosecution of Orji Uzor Kalu is antithetical to the current stance of the federal government since a court order had earlier on restrained the anti-corruption body from prosecuting the former governor.

On his part, Salihu Aliyu informed P.M.News that the order being relied upon by the former governor was obtained without federal government representation. He attributed this to the prevailing circumstances in Umuahia, Abia State which was unsafe for the EFCC to make appearance while the matter was ongoing.

The presiding judge adjourned the matter on the request of Salihu Aliyu for a short adjournment to enable the attorney general file a counter affidavit.

Former governor Kalu was charged with alleged money laundering and embezzlement of public funds by the EFCC.

Ruling in Kalu’s bail application bid earlier, Justice Binta Murtala Nyako of the Federal High Court, Abuja, granted him bail on 27 July in the sum of N100 million and two sureties in like sum.

The two sureties, she said must be tax payers with evidence of payment for three consecutive years, paid as and when due.

The former governor was to submit all his travel documents to the court and report to the EFCC Abuja office weekly.

The embattled former governor was particularly difficult as he refused all entreaties to appear before the commission which led to his dramatic arrest.

EFCC officials had laid an ambush for him at the Nnamdi Azikwe International Airport, Abuja on his return from his United States trip on 12 July.

The officials accosted him, showed him a warrant for his arrest and was later asked to follow them to their office.

Kalu resisted the officials but he was persuaded by his aides to follow the EFCC operatives.

Subsequently, he was taken to the EFCC office in Abuja, detained and later transferred to Kuje Prison in Abuja.

NNPC’s scrapping illegal –Senate

COSMAS EKPUNOBI, Abuja


Senate has declared that the recent scrapping of the Nigerian National Petroleum Corporation (NNPC) by the presidency would remain a "mere pronouncement" until the law establishing the agency is repealed by the National Assembly.

The Upper House at a resumed sitting yesterday also announced plan to commence the amendment (process) of the 1999 Constitution, next year saying that dissenting views by some senators like Chief Whip Senator Kanti Bello would not stop the exercise in 2008.

The senate advised President Umaru Musa Yar’Adua to present a Bill to repeal Decree 33 (now Act of National Assembly) in order to give a legal backing to the scrapping of NNPC.

The federal government had last month announced the unbundling of NNPC and promptly replaced the corporation with five new agencies.

www.nigeriamasterweb.comChampion

NNPC unbundled without law —Senate

By Emmanuel Aziken and Laide Akinboade

Posted to the Web: Wednesday, September 05, 2007



, Senate washes hands off House crisis

ABUJA—The Senate yesterday described the unbundling of the Nigerian National Petroleum Corporation (NNPC) by the federal government as a mere pronouncement without the force of law. (Vanguard)

http://nigeriamasterweb.com/paperfrmes.html

Senate may review scrapping of NNPC - NNPC explains new oil and gas policy
Taiwo Adisa, Abuja - 05.09.2007

The Senate may soon review the circumstances leading to the August 29 decision by the Federal Government to scrap the Nigerian National Petroleum Corporation (NNPC).


Chairman, Senate Committee on Information and Media, Senator Ayogu Eze, who stated this during a press briefing in Abuja on Tuesday, said the upper chamber would look at the law books to see if any provision had been breached in the government’s decision.


According to the Senate spokesman, the NNPC was a product of the decree, which is now an Act of National Assembly. He expressed the belief that the Federal Government would not breach the law.


“As far as I am concerned, it (scrapping) is a pronouncement by the executive. So far, the executive has announced their intention and the intention was announced by a lawyer who briefed the nation and who I am sure will be aware of the provisions of Decree 33 and all the subsections of the laws setting up the NNPC.


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Senate Rejects Scrapping Of NNPC


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• Faults Yar’Adua on due process

In what looks like the recent reversal of the proposed redenomination of the nation’s currency, the Senate yesterday rejected the unbundling of the Nigerian National Petroleum Corporation by President Umaru Musa Yar’Adua, saying it fell short of due process.

According to the Senate, unless the president presents it to the National Assembly as a bill, "it remains a mere pronouncement."



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