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Court Nullifies AGF’s Sales, Disposals Of Recovered Assets
A Federal High Court in Lagos has nullified all sales and disposals of assets made by the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), under the Asset Tracing, Recovery and Management Regulations 2019.
Justice Ambrose Lewis-Allagoa held that the Asset Tracing, Recovery and Management Regulations 2019 were ‘ultra vires the office and powers’ of the AGF and “an invalid statutory instrument.”
The judge passed the verdict while delivering judgement in a suit marked FHC/L/CS/40/2021 filed by the Incorporated Trustees of HEDA Resource Centre against the AGF.
“I am entirely in agreement with the submission of counsels to the plaintiff that the Asset Tracing, Recovery and Management Regulations, 2019 are contrary to the statutory provisions of the Economic and Financial Crimes Commission (EFCC) Act, Trafficking in Persons Cohabitation Enforcement and Administration Act, NDLEA Act and Immigration Act.
“A careful perusal of the above statutory provisions will show the provisions for the Attorney-General of the Federation to make regulations for the agencies for disposal of assets under the various enactments listed above.
“The above statutory enactments are, therefore, the enabling source of the Attorney-General of the Federation to the regulations.
“Consequently, the administrative powers to be exercised by the Honourable Attorney-General of the Federation must flow from the enabling statutes.
“It is pertinent to state that the powers of the Attorney-General of the Federation do not override the provisions of the enabling statutes stabilising the powers of the law enforcement agencies and anti-corruption agencies and consequently, the powers referred to in the commencement clause of the regulations merely are to be exercised in accordance with the Acts not to usurp the mandatory powers vested in the law enforcement agencies and the anti-corruption agencies.
“I am, therefore, in agreement with counsel for the plaintiff that the executive orders or any other forms of definition can be issued pursuant to Section 315 of the Constitution. However, they are limited to enactments predating the 1999 Constitution.
“The Acts under consideration in this instant suit were enacted after the 1999 Constitution and do not fall within the ambit of Section 315 of the 1999 Constitution.
“In all and for the reasons herein before given in this judgement, the questions put for determination in the originating summons are answered in favour of the plaintiff and all the reliefs sought are granted as prayed. This is the judgement of the court read in the open court,” Allagoa further held.
The AGF had on November 9, 2020, inaugurated the Inter-Ministerial Committee on the disposal of assets forfeited to the Federal Government.
He said his action was sequel to President MuhammaduBuhari’s directive in October, 2018, following recommendations of the Presidential Audit Committee on Recovery and Management of Stolen Assets and a need for efficient management of the assets.
Not satisfied with the AGF’s action, HEDA, through its lawyer, OmotayoOlatubosun, filed a lawsuit to challenge AGF’s power to set up the committee.
In the suit, HEDA argued that the Regulations conflicted with the EFCC Act, Trafficking in Persons (Prohibition) Enforcement and Administrative Act, 2015, National Drug Law Enforcement Agency (NDLEA) Act, 2004 and Independent Corrupt Practices Commission Act (ICPC), 2000, among others, on the matter of disposal of final forfeited assets.
The plaintiff sought nine reliefs, including the nullification of all disposals of assets by the AGF’s committee.
News
Fubara Reaffirms Commitment To Peace, Unity And Development As Rivers State Marks 59TH Anniversary
Governor of Rivers State, His Excellency, Sir Siminalayi Fubara, has reaffirmed the unwavering commitment of his administration to peace, unity, security, and inclusive development as Rivers State marks its 59th anniversary.
In a goodwill message issued on Wednesday to commemorate the anniversary, Governor Fubara stated that despite the challenges faced over the years, the people of Rivers State have continued to demonstrate resilience, strength, and an enduring spirit of unity that has sustained the state since its creation.
The Governor noted that the strong bond of brotherhood among the various ethnic nationalities of the state, including the Ijaw, Ikwerre, Ogoni, Etche, Ekpeye, Andoni, Kalabari, and others, remains one of Rivers State’s greatest strengths and a critical foundation for peace, stability, and progress.
He further observed that Rivers State has remained a major driver of Nigeria’s economy for decades, not only because of its abundant oil and gas resources, but also because of the exceptional contributions of its people across diverse sectors including academia, jurisprudence, business, entertainment, public service, and sports.
Governor Fubara assured the people that his administration will continue to prioritize policies and programmes that promote peace, protect lives and property, and expand development across all parts of the state. He emphasized that governance must be people centered and impactful, with equal attention given to every Local Government Area of the state.
The Governor also paid tribute to the elders and founding leaders of the state for preserving the spirit of unity and coexistence over the years, while urging the youths to remain hopeful, responsible, and actively committed to building a greater Rivers State through innovation, hard work, and patriotism.
He equally acknowledged the invaluable role of women in strengthening families, communities, and society, describing them as indispensable partners in the continued growth and stability of the state.
Governor Fubara called on all Rivers people to use the occasion of the anniversary as a moment of reflection and renewed commitment to peaceful coexistence, mutual respect, dialogue, and collective progress, stressing that the unity and future of Rivers State must always rise above personal interests and political differences.
Rivers State was created on May 27, 1967, when the administration of General Yakubu Gowon (Rtd.) created twelve states out of the former four regions of Nigeria, with Rivers State carved out of the defunct Eastern Region.
News
APC Presidential Primary: Fubara Commends Process, As Tinubu Sweeps Poll In Rivers
Rivers State Governor, Sir Siminalayi Fubara, has commended the leadership of the All Progressives Congress (APC) in Rivers State over the outcome of last Saturday’s presidential primary election that saw President Bola Ahmed Tinubu sweeping the poll with a total of 280,082 votes.
Fubara, who served as the State Collation Officer for the primary election, said that while the APC had a total of 297,068 registered members, the number of those accredited for the election was 280,082.
According to him, all those accredited for the election, cast their ballot for Tinubu, leaving Stanley Osifo, his only opponent, with no votes.
Fubara expressed delight at the peaceful and seamless process which he said was as a result of good planning by the party.
“I feel that this process has recorded one of the most organised outings of our great party in recent times. The only reason it came out this way has to do with good planning. In all, I want to say that I’m really impressed with the process.
“So, I can say here that having taken time to go through the figures diligently, I, Siminalayi Fubara, who is standing as the State Collation Officer, hereby certify that the information contained in my own spreadsheet represents the true, correct and accurate record of the summary of results from the 23 LGAs of Rivers State,” he said.
The governor said that while it was evident that President Tinubu defeated his opponent in the primary election in the State, the report would be sent to the APC headquarters in Abuja where the results will be formally declared.
News
Ogoni cleanup: Minister Calls For more support from private sector
The Federal Government has called for increased private sector participation and donor funding to sustain ongoing gains in the Ogoni environmental restoration project under the Hydrocarbon Pollution Remediation Project.
Speaking at a conference on donor facilitation and diplomatic support for HYPREP in Abuja, yesterday, the Minister of Environment, Balarabe Lawal, stressed that the Ogoni cleanup programme was designed as a long-term intervention requiring sustained funding, technical support, and international cooperation.
“The project is supposed to be a lifespan project. We must move towards achieving its main aim, which is environmental restoration and sustainable development,” he added.
Lawal acknowledged the contributions of the United Nations Environment Programme, describing its assessment as the scientific foundation of the ongoing remediation efforts in Ogoni land.
“We are all here because of that UNEP report. It provided the scientific foundation for what has become one of the world’s most ambitious environmental remediation programmes,” he said.
According to him, hundreds of hectares of hydrocarbon-polluted land have been remediated, while additional sites are currently undergoing cleanup operations.
“We have remediated hundreds of hectares of polluted land, and more sites are still being worked on. Water schemes have also been delivered to affected communities,” he stated.
He added that ecosystem restoration, livelihood support programmes, and healthcare projects were ongoing across affected communities.
“Body health facilities are being constructed, livelihood programmes are empowering thousands, and we are also restoring access to safe drinking water because the first victim of pollution is water,” he said.
The minister also disclosed that the Centre of Excellence for Environmental Restoration was nearing completion, describing it as a major milestone in the project.
“If you go there, you will see one of the biggest edifices being constructed under HYPREP. It will serve as a postgraduate and research institute for environmental remediation,” Lawal said.
Despite the progress, he warned that funding challenges remain a major threat to sustaining the project.
“While substantial progress has been made, the journey is not yet complete. The implementation of UNEP recommendations requires long-term commitment and sustained financial and technical support,” he said.
Lawal therefore, appealed to development partners, donor agencies, international financial institutions, foundations, and private sector players to scale up their support.
“We need your support—financial, technical, scientific, and strategic. No organisation or government can do it alone,” he said.
He further described the Ogoni cleanup as a global model for environmental recovery, climate resilience, and international cooperation.
“The restoration of Ogoni land is not merely a Nigerian undertaking; it is a global model. Its success will show what is possible when governments, communities, and partners work together,” he added.
Also speaking, the Chairman of the Board of Trustees of the Ogoni Trust Fund, Emmanuel Deeyah, said the conference was organised to attract financial, technical, and institutional support for the cleanup exercise.
“We are looking for resources, financial support, expertise, partnership, and collaboration. Government cannot do everything alone,” he said.
Deeyah said the agitation for environmental justice in Ogoni dated back to 1991 when residents drew global attention to the environmental degradation caused by oil exploration activities.
“We farm in Ogoni land and we also fish, but our waters were polluted and the land could no longer support farming activities,” he said.
He explained that the UNEP report recommended that oil companies should contribute $1bn every five years for 30 years to support the remediation programme.
“We have done 10 years now and we have not even received the full $1bn that was supposed to be contributed. The refineries and local operators have not contributed a dime,” he stated.
Last week, the Hydrocarbon Pollution Remediation Project announced the closure of 30 contaminated sites in Ogoniland, Rivers State, while investigations have commenced on 18 high-risk polluted locations in residential communities.
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