Paris Club refund: NGF rejection of $418m deduction unjustifiable – Malami

By Ihesiulo Grace 12 August 2022 82 No comment

By Ukpono Ukpong

The Minister of Justice and Attorney General of the Federation, Abubakar Malami, has berated the Nigeria Governors Forum (NGF) for opposing the payment of $418 million to the consultants they engaged.

Addressing State House correspondents in Abuja, on Thursday, Malami said noise making arising from the Governors Forum was not only unjustified but “a clear case of absence of defense.”

“Now, coming to the antecedent background of the Paris Club. The liability or judgement debts related to Paris Club was indeed a liability created by the governor’s forum in their own right.

“The Governor’s forum comprising of all the governors sat down commonly agreed on the engagement of a consultant to provide certain services for them relating to the recovery of the Paris Club. So, it was the governor’s forum under the federal government in the first place that engaged the consultant.

“Two, when eventually, successes were recorded associated with the refund, associated with Paris Club, the governors collectively and individually presented a request to the federal government for the fund. And among the components of the claim presented for the consideration of the federal government was a component related to the payment of these consultants that are now constituting the subject of contention. So the implication of that is that the governors in their own right recognized the consultant, recognized their claim and presented such claim to the federal government.

“Three, when the claims were eventually processed and paid to the governor’s forum, they indeed on their own, without the intervention of the federal government took steps to make part payments to the consultants, acknowledging their liability over the same.

“And then four, when eventually they made such payments at a point they decided to stop the payment. The consultants instituted an action in court against the governors’ forum. They submitted to consent judgment. They asked and urged the Court to allow them to settle out of court.

“The court granted them an opportunity to settle. They committed to terms of settlement in writing, they signed the terms of settlement, agreeing and conceding that such payments be made to the consultant.

“And then five, thereafter, the federal government under the administration of President Muhammadu Buhari was requested to comply with the judgment and effect payment.

“The President passed all the requests of the governors to the Office of the Attorney General for consideration. I suggested to the President the face value of the judgment and the undertones associated with the consultancy services.”

He explained that despite after receiving the reports from the EFCC among others, he went further to demand for indemnity from the governors.

“As a forum, you incurred this liability, as a forum you submitted to consent judgment. We have subjected this claims to investigation and we have a report, but even at that, we need independent indemnity from you, establishing that it is with your consent and understanding that these payments should be made, in writing. And I’m happy to report to you that the governors, individually and collectively provided the desired indemnity to the Office of the Attorney General, conceding, agreeing and submitting, that the payment should be made.

“Yes, and that was the ground and the basis on which we eventually took a decision by advising the president that the payment should be made. And then along the line, there was a change of leadership of the governors’ forum. And all the noise making that is now being generated arising from the Governors forum is not only unjustified, but indeed, a clear case of absence of defense” Malami said.

Speaking further, Malami also disclosed that a total of 648 cases instituted against the president, federal government and its agencies, before states, federal and ECOWAS Court were served on the Ministry, adding diligent defences of these cases in the year 2022 alone has saved the government from huge judgment debt liability to the tune of N54,888,343,888.52.

Similarly, he said that the Ministry has made appreciable progress in the actions being taken to challenge the $10 billion case between Nigeria and the Process & Industrial Development (P&ID) and was able to convince the court to set aside the judgement which he said may soon commence trial.

In another development, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, says the ministry has secured no fewer than 1000 convictions on terrorism within 18 months.

Malami disclosed this on Thursday at the 46th session of State House Ministerial Briefing organised by the Presidential Communications Team in Abuja.

He said that within the period under review, the ministry had been involved in 312 cases ranging from terrorism to maritime offences, armed robbery, cyber-crime and kidnapping, among others.

The minister said that the justice sector encompassed all institutions of government involved in administration, enforcement and dispensation of justice.

“This sector extends beyond the federal level and cuts across sub-national entities and the three arms of government—the judiciary, the executive and the legislature.

“Effective collaboration and coordination is therefore at the crux of the mandate of the Federal Ministry of Justice.”

Malami said that the briefing highlighted not only the policy initiatives of the ministry, but also extended to critical achievements in the justice sector through policies and initiatives.

”They are targeted at improving legislative policies, the judicial system, correctional system, law enforcement, constitutional guarantees and other critical component of the entire justice sector system.

“All these are fundamental to ensuring access to justice, safety, security and in combating corruption as well economic and financial crimes in Nigeria,’’ he stated.

Malami said that the justice sector, as with every other sector, had continued to witness some challenges which constituted impediments to justice.

Malami said that through the instrumentality of the Office of the Attorney General, all justice sector stakeholders had built consensus.

He added that they had led to the identification of the challenges and resulted in the development and adoption of the first e ever National Justice Policy in 2017.

Malami said: “Following this landmark achievement of consensus among the justice sector stakeholders, all justice sector institutions across the country have continued to collaborate.

”They have also provided frameworks for the realisation of the objectives set out in the National Justice Policy.

“It is our firm expectation that the full implementation of the proposals in the national policy on justice sector would lead to greater synergy and shared knowledge among all stakeholders involved in the administration of justice.

“But, whatever successes we are about to unfold under the administration of President Muhammadu Buhari are the products of that consensus.

”We are happy to state for the first time in the history of this nation, we are doing wonderfully well arising from the consensus that has been built among these stakeholders in the administration of justice.’’

He said that his focus was on the criminal prosecution by the ministry on the last 18 months.

Malami said that at a point, the country was confronted with the challenge related to the speedy administration of justice.

He said that the Federal Ministry of Justice, through a consensus building by legislature, the executive and ministries, came up the Administration of Criminal Justice Act and its implementation to speed up prosecution.

“We were confronted further with the challenge that high profile anti-corruption cases.

“Those involved in it were using the proceeds of the crime in question to pose a greater challenge to what we are doing.

”This is arising from their movements, arising from the deployment of such resources, we also came up the Executive Order No 6 which restricts their access to funding,” the minister said.

He said that on the basis of the act and the executive order, the foundation for prosecution was laid.

The minister said that aside collaborative achievements, the ministry had made exclusive landmark achievements.

“So, arising therefrom, for example, by way of criminal prosecution, the Federal Ministry of Justice, exclusively, I am not talking about the entire prosecution because other agencies of government—EFCC, NDLEA, ICPC are equally involved in direct prosecution.

“So, the Federal Ministry of Justice, within the 18 months period, I am talking about, was actively involved in the prosecution of 312 criminal cases.

”These were for various offences including terrorism, maritime offences, armed robbery, cyber-crime and kidnapping, among others.

“We have so far, as a ministry secured over 1000 convictions on terrorism within the period in consideration,’’ he said.