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An Oyo State High court has ordered the Nigerian government to pay Yoruba nation agitator, Chief Sunday Adeyemo, better known as ‘Sunday Igboho’, the sum of N20 billion.

Delivering his judgement on Friday, Justice Ladiran Akintola awarded the sum in a N500 billion suit, filed against the Attorney-General of the Federation, Abubakar Malami and the Department of State Services (DSS) for what was described as exemplary and aggravated damage done against Chief Adeyemo .

Sunday Igboho through his solicitor , Yomi Alliyu, had filed the suit challenging the invasion of his house in Ibadan on July 1, damage of his property as a violation of his fundamental right to peacefully own property and wealth by operatives of the DSS.

Justice Akintola also awarded N2 million as the cost to the applicant.

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The minister disclosed this in Abuja  when he submitted the report to President Muhammadu Buhari through the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN).

According to him, “the report of the audit committee showed that there are over 13,000 abandoned projects in the Niger Delta and even before the submission of the report some contractors have returned to site on their own and completed about 77 road projects.

“Although the exercise had a checkered history, I thank Mr President and all those who supported and ensured its success”.

Akpabio noted that the exercise was not done to witch-hunt anyone, but to ensure that the huge sums of funds allocated for developing the region are put to good use.

He added that the Niger Delta region has remained backward since 1958 in spite of efforts by successive governments through the creation of various interventionist programmes and projects, a situation he says is changing.

President Muhammadu Buhari has vowed that the Federal Government will ensure it recovers over N6 trillion allegedly misappropriated in the running of the NDDC between 2001 and 2019.

Buhari, who spoke shortly after he received the Forensic Audit Report from Akpabio, claimed that there had been evidence of substantial compromise in the execution of at least 13,777 and the existence of “multitude of NDDC’s bank accounts amounting to 362” which lacked proper reconciliation of accounts.

The president, however directed that the report of the forensic audit on the NDDC be forwarded to the Federal Ministry of Justice for necessary action.

After receiving the report, Malami assured that it would be critically analysed for necessary action and implementation.

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Also listed as co-defendant in the originating summon registered as Suit No: FHC/ABJ/CS/938/2021, are the Attorney General of the Federation (AGF), Abubakar Malami, the Independent National Electoral Commission (INEC) and others.

The motion for interlocutory injunction was filed by their lawyer, Mr Samuel E. Irabor at the Federal High Court, Abuja on Wednesday, 18th August, 2021.

The plaintiffs argued that the APC Caretaker Committee should be dissolved on the following grounds:

1. That the 13 members Caretaker Committee falls short of the constitutionally required 24 members spread across not less than two-third of the 36 States and the FCT for any governing body of a political party, whether substantive or acting, as stipulated under Section 223(2)(b) of the 1999 Constitution (as altered).

2. That the headship of the Caretaker Committee by a sitting Governor holding dual executive offices is prohibited by Section 183 of the 1999 Constitution and Article 17(4) of the APC Constitution, 2014 (as amended)

3. That by Article 13(4)(xvi) of the APC Constitution, 2014 (as amended) only the National Working Committee rather than the NEC of the party can constitute a Caretaker Committee in whatever form, nature or guise.

4. That the Attorney General of the Federation, Mr Abubakar Malami, SAN, who administered oath of office on Gov. Mai Mala Buni of Yobe State as purported Caretaker Chairman lacks the powers to do so under any provision of the APC Constitution, 2014 (as amended) as he is neither a member of the National Working Committee or even a member of the NEC of the APC

For awhile, the row over the status of the Caretaker/Extraordinary Convention (CECPC) of the All Progressives Congress (APC) has threatened the fragile peace within the ruling party.

While some factions of the APC hold that there is a flaw in having Governor Mai Mala Buni remain as Chairman of the CECPC, others argue that there is no constitutional breach in having a serving governor lead the party at the moment.

Meanwhile, the APC, in a recent communique aimed at making clear its position on the controversy over the legality of the CECPC and that of its chairman, stated that “on both issues, we will state the position and decision of the Supreme Court only. The decision here is the majority judgment of the Supreme Court which is now the Law.

“The decision and judgment was read and concurred to by the justices who were in the majority. Any other statements in their various additional contributions by the justices complement the lead judgment.

“It is therefore right to say that the issues and ratio in the lead judgment reflect the views of the majority. The minority judgment, although important as it is, is not the judgment of the court.”

The statement, also noted that the Supreme Court in its judgment affirmed the legality of the CECPC, adding: “the court stated that the NEC under Article 13 (3) IV of the APC constitution has power to create, elect and appoint a committee and endow it with powers and functions. It drew a parallel with Article 33(3) of PDP constitution (2012) with similar powers granted to its National Convention which in turn appointed a National Caretaker in 2016, which the Supreme Court ruled legal in Sheriff VS PDP.

“On the status of the Acting National Chairman, His Excellency, Mai Mala Buni, the Supreme Court held that he was appointed only in acting capacity, on temporary basis to carry out and fill in the seat of the National Chairman, pending the election of new officers.

“The Apex Court also held that Mai Mala Buni’s position as Acting Chairman of the Caretaker and Extraordinary Convention Planning Committee is not contrary to the provision of Section 183 of the CFRN because the appointment, ad-hoc, is on a temporary basis which is not akin to Executive office or paid employment as envisaged by Section 183 of the CFRN.”

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Nigeria’s 36 states have filed a suit at the Supreme Court against the Federal Government on the status of recovered funds and failure to remit same to the federation account.

The states through their Attorneys-General, who are listed as plaintiffs in the suit, instituted the action against the Attorney General of the Federation, Abubakar Malami.

In the suit, the plaintiffs are seeking a declaration by the provisions of 162 (1) and Section 162(10) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), all income, returns, proceeds, or receipts derived from confiscated, forfeited and/or recovered assets constitute revenue must be remitted to the federation account for the collective benefit of the Federal, State and Local Governments.

In a related development, they are also seeking a declaration that the failure and/or refusal of President Muhammadu Buhari, the Minister of Finance, the office of the AGF, and the Accountant-General of the Federation, and all her relevant authorities and/or agencies of the federation to remit the receipts, income, returns or proceeds derived from all assets recovered, seized, confiscated and forfeited into the federation account to be distributed in accordance with the provisions of the Constitution” is unconstitutional.”

They further asked the court to declare that “it is unconstitutional for the President, through the federal Minister of Finance, the AGF, or any other authority whatsoever, to utilise, apply, allocate, expend and appropriate same to itself or distribute same in any other manner howsoever without due allocation from the federation.”

Femi Falana SAN, who filed the suit in June on behalf of the 36 states said the Supreme Court is yet to give a date for the hearing of the suit.

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Leader of the Indigenous People of Biafra, (IPOB), Nnamdi Kanu, has been arrested, according to the Minister of Justice, Abubakar Malami.

The Minister said Kanu will soon be brought before the Federal High Court where he jumped bail.

Malami stated this at a press briefing at the Ministry of Justice in Abuja on Tuesday.

He stated that Nnamdi Kanu was arrested on Sunday.

Details later…

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Ahmed Idris, the Accountant General of the Federation, has said that the £4.2m looted by ex-Delta State Governor, James Ibori, has been returned to the state.

The Attorney-General of the Federation, Abubakar Malami had on March 9, explained that the loot would be used for the construction of the second Niger Bridge, Abuja-Kano road, and Lagos-Ibadan Express road and not returned to the Delta State Government where it was pilfered from.

Malami further argued that the law that was alleged to have been breached by Ibori was a federal law and that the parties of interests involved in the repatriation of the funds were national and not sub-national governments.

“The major consideration relating to who is entitled to a fraction or perhaps the money in its entirety is a function of law and international diplomacy,” Mr. Malami said while featuring on Channels Television’s Politics Today, on Tuesday.

However, the Accountant-General told the House of Representatives Ad hoc Committee that recoveries are made by the Federal Government on behalf of states.

He emphasized that any recovery arising from looted funds from a particular state would go directly to the states.

“It was paid to Delta State. So such recoveries go specifically to those states. Honourable Chairman, any recovery arising from the looted funds from a particular state goes to the state. The state governors will not even allow this to fly.

“Some recoveries are for some state governments, specific state governments. I know there was a time recovery was made on behalf of Plateau State, there was one for Bayelsa, there is one for Delta,” he said when asked where the money was diverted to.

“You know they will not. They will take the Federal Government to court for holding their money. So we don’t joke or play with that, we pay them their money”, he added.

Idris’s remarks come a week after the federal government announced that it had received the £4.2million seized from the associates of the convicted former governor from the United Kingdom

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Governor Rotimi Akeredolu of Ondo state has insisted that the decision of the Southern governors to ban open grazing is irreversible and will be enforced.

Akeredolu, who is also the Chairman of the Southern Governor’s Forum , while reacting to the statement by the Attorney-General of the Federation, Abubakar Malami, also maintained that they are ready to defend the legality of their decision in court.

Malami, had during an interview on Channels Television’s Politics Today, punctured  the ban on open-grazing, adding that the governors do not have the right to do so.

Akeredolu in his reaction noted that Malami’s comparison of open grazing to auto parts trading is not only strange but also annoyingly and ‘betrays a terrible mindset.’

He stressed that the Southern Governors are “most willing to meet him in Court.’

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Malami said the move by the seventeen (17) governors was unconstitutional.

While featuring on Channels Television’s Politics Today programme, he maintained, “It is about constitutionality within the context of the freedoms expressed in our constitution. Can you deny the rights of a Nigerian?

“For example, it is as good as saying, perhaps, maybe, the northern governors coming together to say they prohibit spare parts trading in the north.

“Does it hold water? Does it hold water for a northern governor to come and state expressly that he now prohibits spare parts trading in the north?”, he questioned.

Malami, also urged the governors to first amend the Constitution to prohibit open grazing before going ahead with their decision.

“If you are talking of constitutionally guaranteed rights, the better approach to it is to, perhaps, go back to ensure the Constitution is amended,” he said.

“Freedom and liberty of movement among others is established by the Constitution. If by an inch you want to have any compromise over it, the better approach is to go back to the National Assembly to say open grazing should be prohibited and see whether you can have the desired support for the constitutional amendment

“It is a dangerous provision for any governor in Nigeria to think he can bring any compromise on the freedom and liberty of individuals to move around”, he said.

The 17 southern governors, had earlier met last week in Asaba, hosted by Governor Ifeanyi Okowa, and resolved to ban open grazing and movement of cattle by foot in the region as some kidnappings and killings in the Southern region have been traced to criminal elements amongst herders.

Chairman of the Southern Governor’s Forum, Rotimi Akeredolu, explained that the decision is not new and most of the governors have placed a ban on open grazing in their states before the meeting.

“We felt that … this open grazing must stop. It is causing a lot of problems particularly between the herders and the farmers. Whether we like it or not, times have changed and this must change. We must adopt a modern system of animal husbandry.

“In this day and age, they cannot continue taking cows by foot from Kano to Port Harcourt,” he said.

The governor, however submitted that the federal government needs to support state governments that want to set up ranches, noting that this will benefit the herders who are exposed to dangers as they roam with their cattle.

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Abubakar Malami , the Attorney-General of the Federation, stated this during his Tuesday appearance on Channels Television’s Politics Today.

Malami had, earlier on Tuesday with the British High Commissioner to Nigeria, Catriona Laing, announced the return of £4.2 million recovered from Mr. Ibori and his friends.

The funds, according to the duo is set to arrive in the country within two weeks, and are expected to be used for the construction of the second Niger Bridge, Abuja-Kano road, and Lagos-Ibadan Express road and not returned to the Delta State Government where it was pilfered from.

Malami said, “the major consideration relating to who is entitled to a fraction or perhaps the money in its entirety is a function of law and international diplomacy”.

He argued that the law that was alleged to have been breached by Ibori was a federal law and that the parties of interests involved in the repatriation of the funds were national and not sub-national governments.

“All the processes associated with the recovery were consummated by the federal government and the federal government is, indeed, the victim of crime and not sub-national,” the Attorney-General explained.

When pressed on whether the British government had insisted that the money be spent on certain project, Mr Malami said it was not “a matter of insistence but a matter of negotiation between two sovereign states”.

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