Mike Tyson, Names Of Trees, Rivers Were On INEC Register When I Assumed Office – Jega

Featured Image

The former chairman of the Independent National Electoral Commission (INEC), Attahiru Jega, has said that upon assumption of office in 2015, there were names of “trees, of rivers, and international figures like Mike Tyson and Queen Elizabeth II” on INEC register.

Daily Post reports that he made the disclosure while speaking with Jamie Hitchen, a policy researcher at Africa Research Institute.

His words: “When I was appointed to chair INEC in July 2010, I joined an organisation that was perceived to be fraudulent and corrupt.”

“It was also inefficient in executing its mandate. At the same time I was entering a moving vehicle, with no time to reflect and reform effectively. An unorthodox methodology was needed. I was able to bring in a team of INEC outsiders, paid for by the United Nations Development Programme.

“These were people I could trust and who – independent of INEC’s bureaucracy – could help map a blueprint for institutional reform. For example, Professor Okechukuwu Ibeanu became my chief technical adviser, Professor M J Kuna my special assistant and Dr Magaji Mahmoud my chief of staff.8

“One of the first issues that had to be addressed was the register of voters. It lacked integrity. There was a lot of data missing for people who were registered and there was clear evidence of fictitious names. We had names of trees, of rivers, and international figures like Mike Tyson and Queen Elizabeth II!

“There was a debate between those who thought the register could be cleaned up and those who thought it should be jettisoned and replaced. Internal discussions with key personnel in the technical departments revealed the scale of the problem: a complete overhaul was needed, but the general election was scheduled for January 2011, just seven months away.

“To compile a new register of voters, INEC needed a constitutional amendment to shift the election date and significant resources to carry out a good, credible registration. Engagement with the government was very positive. The constitutional amendment was quickly secured and elections were pushed back to April 2011.”

The post Mike Tyson, Names Of Trees, Rivers Were On INEC Register When I Assumed Office – Jega appeared first on 360Nobs.com.

Source: New feed2

APC Floors PDP, Wins House Of Rep Bye-Election In Sokoto

Featured Image

The Independent National Electoral Commission (INEC) on Sunday declared APC candidate, Alhaji Abdullahi Kalambaina, as winner of Saturday’s Kware/Wamakko Federal Constituency’s bye-election in Sokoto State.

Kalambaina polled 31,288 votes to defeat his closest rival, Alhaji Aminu Bello-Kware of the People Democratic Party (PDP) who polled 7,205.

The Returning Officer, Prof. Abdulatif Usman, said 43,130 voters were accredited for the bye-election out of 176,825 total registered voters in the constituency.

Usman said 42,532 eligible voters cast their votes with 40,046 valid while 2,486 votes were rejected.

According to him, Kabir Altine of ACPN scored 62 votes, Umaru Muhammad of ADC 80, Muktar Umar of APA 342, Aliyu Bilyaminu APGA 121, Abubakar Bello DA 32 and Jamilu Imam of DPP scored 155 votes.

Others were; Abdullahi Abubakar GPN 326, Abubakar Ahmad KOWA 33, Kabiru Al-mustapha MMN 24, Abubakar Sama’ila MPPP 19, Kabiru Ahmad NCP 28, Umar Ma’azu NDLP 50, Aminu Mustapha NEPP 33 and Yahaya Muhammad of NCP scored 105 votes.

He further listed Nura Abubakar of PPP 38, Nasiru Garba SDP 27, Abdulrahman Dalhatu UPN 15, Sanusi Aliyu UPP 06 and Shehu Buba of YPP scored 05 votes while the only woman contestant Hafsatu Umar of A party scored 52 votes.

Usman, therefore, declared Kalambaina as the winner having garnered the highest votes as stipulated in the electoral law.

The election followed the death of the occupant of the seat Muhammad Wammako in July.

NAN

The post APC Floors PDP, Wins House Of Rep Bye-Election In Sokoto appeared first on 360Nobs.com.

Source: New feed2

VP Osinbajo, Are You Sure You Are Still A Pastor? – Reno Omokri

Featured Image

VP Osinbajo, Are You Sure You Are Still A Pastor? – Reno Omokri

CLICK here to read more opinion articles

ALSO READ: Osinbajo Lambasts Christian Leaders, Says “Nobody Can Islamise Nigeria”

My attention has been drawn to claims in the media by the Vice President, Professor Yemi Osinbajo, against former President Jonathan. Speaking on Friday the 27th of October 2017 in Lagos at a ‘Greater Nigeria Pastors Conference’, the Vice President said “Weeks before the 2015 elections, the government then, gave out N100billion in cash and $295million in cash ostensibly for security within two weeks”.

I make bold to say that the Vice President has once again taken to his characteristic habit of lying.

Jonathan’s Prophecy, Buhari’s Heresy And Tuface’s Bravery

Reno Omokri

Nigerians may recall that only last week, Vice President Osinbajo was in Anambra state where he lied that the present administration had paid $2 billion for the second Niger Bridge.

I had cause to expose that lie and forced the Presidency to issue a ‘clarification’. The money released was 2 billion Naira and it came from the Sovereign Wealth Fund set up by the Jonathan administration which the APC resisted and challenged in court.

It will also be recalled that in February 2016, the Vice President again lied when he claimed that both the Jonathan and Yar’adua government did not build a single road. This fact was easily disproved when even members of this administration, including Osinbajo’s boss, President Buhari, began commissioning projects, including roads built by the Jonathan administration.

Nigerians will recall that the Jonathan administration rebuilt the Benin-Ore portions of the Benin-Lagos road, the Vom-Manchok road, the Kano-Zaria Road bridge (named after late Emir Ado Bayero) and many more.

On this recent allegation by the Vice President, not only has the Vice President again lied, he is doing so to divert attention from the Maina scandal in which the administration in which he serves, by the testimony of the Maina Family, invited Abdulrasheed Maina, the infamous alleged pension thief, back into the country, reinstated him, promoted him and deployed him as Director of Human Resources in the ministry of Internal affairs.

When they were found out, the Presidency resorted to its favorite past time of blame game by preposterously accusing former President Jonathan of somehow magically being the brain behind Maina’s return. This is even as the Attorney General of the Federation, Abubakar Malami, had already revealed that he “acted in the public’s interest” in initiating the process for Maina’s return.

There is also the $25 billion Nigerian National Petroleum Corporation scam which is the biggest scam ever in the history of Nigeria since 1914 to date.

Finally, Nigerians want to know the truth about the Babachir Lawal probe which has been concluded and handed over to the President many months ago but of which no action has been taken.

Nigerians want to hear the truth about these scandals and not tired lies about looted funds that keep being recycled without proof.

I would like to remind the Vice President that he is a pastor and therefore conversant with the biblical admonition in Revelations 21:8 that “all liars, shall have their part in the lake which burneth with fire and brimstone.”

It is not too late for the Vice President to turn a new leaf and begin to apologize to Nigerians for the three million jobs a year he and his boss promised, but ended up losing 4.5 million jobs in their first two years according to the Nigerian Bureau of statistics.

If Vice President Osinbajo is looking for who to blame for the present sorry state of the Nigerian economy, he should buy a mirror.

The rushed implementation of the Treasury Single Account policy of the Jonathan administration, the constant negative comments about our economy by the President while on foreign trips, the inconsistent foreign exchange policies of the government, the advise to the World Bank to focus only on Northern Nigeria, the openly pro-Northern Agenda which gives promotion and appointments to persons of Northern extraction irrespective of merit or experience are to blame, not Dr. Goodluck Jonathan.

Reno Omokri is the Bestselling author of Facts Versus Fiction: The True Story of the Jonathan Years: Chibok, 2015 and Other Conspiracies.

This piece was written by Reno Omokri. The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of 360Nobs.com.

The post VP Osinbajo, Are You Sure You Are Still A Pastor? – Reno Omokri appeared first on 360Nobs.com.

Source: New feed2

Waje Breaks Silence On Why She’s Not Signed On With Any Record Company

Featured Image

Prominent Nigerian singer, Aituaje Iruobe, better known by the stage name “Waje,” has broken her silence on why she is not signed on with any record company.

In the Nigerian entertainment industry and many others across the globe, being signed to a record company comes with juicy offers which most artistes can’t afford to lose, but the singer has managed to forge ahead in her career without a record deal.

Speaking with The Punch, Waje revealed that she had many offers in the past and is still getting offers, but she has decided to be a solo artiste.

She said: “I see myself as an independent artiste. I have been like this for a while. My experience with the first professional record deal I signed made me decide to stand alone. When I started out in the industry, I was signed to a record label that did not do anything for me for a long while.”

“If I see a young talent, who wants a record deal, I will tell him or her the advantages and disadvantages.”

“However, there are so many people I have had collaborations with. Even though I am an independent artiste, I always partner with people and organisations. To be honest, I cannot do everything on my own.”

“It is one thing for you to be a top artiste and it is another thing for you to maintain it. For me, I just want to improve. If you’ve been following me closely, I am also very involved in developing young talents in any way I can. I might not be able to give out money, but I advise and mentor many of them.

“I do not see new talents as threats to me; I even think it is a blessing that we have them. My fans will always be mine as long as I continue to create great music.”

The post Waje Breaks Silence On Why She’s Not Signed On With Any Record Company appeared first on 360Nobs.com.

Source: New feed

“She’s Too Old For Me” – Jeff Akoh Denies Romantic Relationship With Bisola

Featured Image

21-year-old Project Fame winner, Jeff Akoh has come out to deny being in a romantic relationship with Big Brother Naija Star, Bisola Aiyeola, stating reasons to buttress his points.

This is coming less than five days after the 31-year-old Bisola had said that she was never in a romantic relationship with Jeff that what she had pulled was merely a publicity stunt.

That is after she had in a viral post on Saturday via Instagram, wrote “It’s official guys, Jeff Akoh and I are in love and in a strong, loving relationship. Your girl B is taken.”

Jeff Akoh Unveils Album Cover, Tracklist And Pre-Order Links

Speaking with The Punch, Jeff, who recently released his debut album, said there was no way he could have been in a romantic tie with someone who was much older than him.

His words: “I was there when she made the post and it was funny. She made the post in the night and when I woke up the next morning, it was everywhere. But the truth is that she put her life on the line for me and I appreciate her for that.

“She just felt that way and put it on social media. She didn’t mean it and it is a free world where you can say whatever you want to say and do whatever you like.

“People apparently took it seriously; everyone has his or her opinion about life. I am not bothered a bit about that. The truth is she is not dating me; I am definitely too young for Bisola. She is more experienced than I am, so, we are not on the same pedestal. I can date someone older than me, but not by a 10-year difference.”

 

360Downloads: Jeff Akoh – Lokoja Ft. Terry Apala, Khaligraph Jones, Team Salut & Bisola

The post “She’s Too Old For Me” – Jeff Akoh Denies Romantic Relationship With Bisola appeared first on 360Nobs.com.

Source: New feed

The SSMA: An Award With 9 Lives

Featured Image

As the 9th Annual South-South Music Awards (SSMA) approaches, being slated for the 3rd of December 2017 in Benin-city as announced by its organizers, It has become necessary to put down this article to celebrate and give kudos to an awards ceremony that has survived 9 years of trying to bring to fore, the entertainment industry and its major players from the south-south region of Nigeria and of course the man and the people behind this great event. The award ceremony this year moves from its traditional home of the Oba Akenzua Cultural Centre to a new venue, the Ekinadose Events Hall of the prestigious Rhandeki Gold Hotel in GRA,  Benin-City.

The SSMA is a production of Lockdown Entertainment and for the last 8 years, they have produced what is hugely considered as the biggest, most respected and most coveted entertainment award ceremony in the south-south region of Nigeria under the leadership of a greatly under-celebrated entertainment icon in Nigeria Mr. Andy Bello. The use of the word ‘under celebrated’ here is intentional and only those who play or have played within the industry in the south-south may be able to relate to my choice of description, while considering the intensity of work and resources that it takes to put together an event of such magnitude and survive 8years in an environment though filled with a lot of talents, lack certain basic knowledge, tools and media attention for enhanced professionalism in the industry. The SSMA in some of its past editions have also been victim of these challenges but Mr. Andy Bello with almost no corporate brand sponsorships over the years has managed to hold it together, making the SSMA become a strong enough launch pad for many of the biggest Nigerian artistes thriving today who are of south-south origin.

Even though it has contributed the largest number of artistes to the Nigerian music industry and indeed the whole entertainment industry eco-system, the South-South entertainment industry remains largely underrated and uncelebrated for its contributions into the Nigerian creative industry hallmarks. This may have been hugely due to poor documentation of culture when it mattered the most and so most of these stories may be lost forever if they are not told and keep getting retold. This is not a tribal, ethnic or politically oriented piece but in contrast to the tag for which the average Niger-Delta youth is known for as a ‘militant’ or potential criminal element, the Nigerian music industry must begin to appreciate the role a platform like the SSMA has played in trying to put the region in good light through highlighting, celebrating and projecting the potentials of the south-south creative industry and its largely untapped market.

From Benin-City in early 2000s up until now, stars like Kaha, Sanchez, Maleke, Cyrus Tha Virus, Rhymzo, Oriri who gave us the love song ‘Sisi Eko’,  Yung Hanz and lately Johnny Drille all scored national hit songs in their respective genres while still based in Benin with little or no real pro distribution channels or strategy. New stars like John NetworQ,  Esbee,  Steven Tones, KOD,  Kasope,  L’Presido, Lato, Okal, and Ryan are some of the artistes currently dominating the airwaves in the city and beyond. The industry in Warri these days is also popping with ol’Gees like Erigga and relatively new comers like Shuun Bebe, T-west, the rapper PayPer Corleone who is currently raving up from Bayelsa and Young Stunna from the Port-Harcourt industry.  All these are positive individuals with stories that never get told enough by the mainstream media, therefore those in the region need to begin telling their own stories.

The SSMA for it’s legacy so far is one award which every past alumni of the awards should be proud to include in their stories because for the most, it was their first ever career award(s) or recognition. Artistes like Timaya, Harry Songs,  Erigga  Cynthia Morgan, Waje, Yung Hanz,  Yung 6ix, Orezi, Oritsefemi, JMartins and many more top Nigerian artistes from within and outside the region have all been past winners of this prestigious music awards.

One highlight of the SSMA I’m personally looking forward to this year is the Cyphers.  In the last one year I’ve been able to learn about a whole lot of young rappers who can actually rap and it will be interesting to hear what bars they’d bring to the mic.  Another high interest will be on who wins the coveted ‘Best New Artiste’ award category which has been announced to carry a cash reward of N500, 000, courtesy of the Cynthia Morgan Foundation to support new artistes coming up to fund their elementary careers. The rapper Yung Hanz picked up the award in 2010 with his smash hit ‘Display’ which was produced by Ray X and another rapper KOD picked up the same award in 2015 after dropping his debut ‘Keen Ode Delivery’ album. This is also hoping that more privileged music enthusiasts can replicate this gesture for other categories while calling on those with the resources to invest in the industry thereby putting a halt to this continuous exodus of the region’s best talents just before their prime.

 

 

The post The SSMA: An Award With 9 Lives appeared first on 360Nobs.com.

Source: New feed

Manchester United Interested In Signing Real Madrid’s Casemiro

Featured Image

Manchester United are interested in signing Real Madrid midfielder Casemiro, but face competition from Paris Saint-Germain according to Diario Gol.

Casemiro is locked in contract negotiations with the Spanish giants and United’s interest could put any plans for an extension at risk.

United boss Jose Mourinho is concerned he will lose Marouane Fellaini at the end of the campaign with the Belgian yet to sign a new deal, meaning Casemiro’s situation is being tracked.

United will face competition from Paris Saint-Germain, who are also keen on Casemiro as they bid to continue improving their side.

Neymar has recommended that his club take a look at his compatriot and friend in Casemiro.

And another issue is that the 25-year-old is not particularly keen to leave the Spanish capital.

The post Manchester United Interested In Signing Real Madrid’s Casemiro appeared first on 360Nobs.com.

Source: New feed

Manchester United Interested In Signing Real Madrid’s Casemiro

Featured Image

Manchester United are interested in signing Real Madrid midfielder Casemiro, but face competition from Paris Saint-Germain according to Diario Gol.

Casemiro is locked in contract negotiations with the Spanish giants and United’s interest could put any plans for an extension at risk.

United boss Jose Mourinho is concerned he will lose Marouane Fellaini at the end of the campaign with the Belgian yet to sign a new deal, meaning Casemiro’s situation is being tracked.

United will face competition from Paris Saint-Germain, who are also keen on Casemiro as they bid to continue improving their side.

Neymar has recommended that his club take a look at his compatriot and friend in Casemiro.

And another issue is that the 25-year-old is not particularly keen to leave the Spanish capital.

The post Manchester United Interested In Signing Real Madrid’s Casemiro appeared first on 360Nobs.com.

Source: New feed

Manchester United Interested In Signing Real Madrid’s Casemiro

Featured Image

Manchester United are interested in signing Real Madrid midfielder Casemiro, but face competition from Paris Saint-Germain according to Diario Gol.

Casemiro is locked in contract negotiations with the Spanish giants and United’s interest could put any plans for an extension at risk.

United boss Jose Mourinho is concerned he will lose Marouane Fellaini at the end of the campaign with the Belgian yet to sign a new deal, meaning Casemiro’s situation is being tracked.

United will face competition from Paris Saint-Germain, who are also keen on Casemiro as they bid to continue improving their side.

Neymar has recommended that his club take a look at his compatriot and friend in Casemiro.

And another issue is that the 25-year-old is not particularly keen to leave the Spanish capital.

The post Manchester United Interested In Signing Real Madrid’s Casemiro appeared first on 360Nobs.com.

Source: New feed

‘I Killed My Uncle When He Tried To Rape Me’ – Suspect Confesses

Featured Image

A 22-year-old lady has in her confessional statement to the Police in Enugu State disclosed that she killed her uncle while trying to prevent him from raping her.“

It was not my intention to kill him. I never intended to do so. He had been disturbing me for sex. I killed my uncle when he tried to rape me,” the suspect said.

The suspect, identified as Rebecca Tina, was arrested and is being held by the police for killing her uncle, Friday Mathew, at the Independence Layout area of Enugu on Thursday.

It is understood that Tina, an indigene of Ikot Udobang Ukanafon, Akwa Ibom State, was arrested by the operatives of New Haven Police Station, Enugu, while attempting to escape, after committing the crime.

A statement by the spokesperson of the police in the state, Ebere Amaraizu, said the incident occurred around 8.30pm on October 26.

In the statement, Tina, according to the spokesperson, alleged that she killed him in self defence as he is fond of making sexual advances to her which she never liked.

“She further disclosed that on that fateful day at about 8.30pm in the night when she was lying down while expecting the deceased 10 year old son by name Thankgod Friday whom she had sent to go and buy sugar for her, that the uncle believing her to be sleeping, tried to have carnal knowledge of her which caused her to wake up forcefully and in a bid to save herself from the mess of the uncle, kicked him on his groin,” the spokesman said.

“This angered the uncle who became violent and in the ensuing struggle, she headed for a stone near the door which she used in hitting his cheek,” he added.

“The uncle consequently became unconscious and later died.”

“Really it was not my intention to kill him as I never intended to do so. Although he has disturbed me sexually severally,” the suspect was quoted as saying.

The statement continued: “When the child of the deceased came back and met the lifeless body of his father, he was allegedly warned by the suspect not to shout in order not to attract attention.

“She (Tina) promised the young boy that she would take care of him. She then locked up the house and went away with the boy. She dropped him at one of their aunts’ place and disappeared.

“The suspect is regretting her action and begging for forgiveness as she claimed that she never intended to kill her uncle.”

The post ‘I Killed My Uncle When He Tried To Rape Me’ – Suspect Confesses appeared first on 360Nobs.com.

Source: New feed2

‘I Killed My Uncle When He Tried To Rape Me’ – Suspect Confesses

Featured Image

A 22-year-old lady has in her confessional statement to the Police in Enugu State disclosed that she killed her uncle while trying to prevent him from raping her.“

It was not my intention to kill him. I never intended to do so. He had been disturbing me for sex. I killed my uncle when he tried to rape me,” the suspect said.

The suspect, identified as Rebecca Tina, was arrested and is being held by the police for killing her uncle, Friday Mathew, at the Independence Layout area of Enugu on Thursday.

It is understood that Tina, an indigene of Ikot Udobang Ukanafon, Akwa Ibom State, was arrested by the operatives of New Haven Police Station, Enugu, while attempting to escape, after committing the crime.

A statement by the spokesperson of the police in the state, Ebere Amaraizu, said the incident occurred around 8.30pm on October 26.

In the statement, Tina, according to the spokesperson, alleged that she killed him in self defence as he is fond of making sexual advances to her which she never liked.

“She further disclosed that on that fateful day at about 8.30pm in the night when she was lying down while expecting the deceased 10 year old son by name Thankgod Friday whom she had sent to go and buy sugar for her, that the uncle believing her to be sleeping, tried to have carnal knowledge of her which caused her to wake up forcefully and in a bid to save herself from the mess of the uncle, kicked him on his groin,” the spokesman said.

“This angered the uncle who became violent and in the ensuing struggle, she headed for a stone near the door which she used in hitting his cheek,” he added.

“The uncle consequently became unconscious and later died.”

“Really it was not my intention to kill him as I never intended to do so. Although he has disturbed me sexually severally,” the suspect was quoted as saying.

The statement continued: “When the child of the deceased came back and met the lifeless body of his father, he was allegedly warned by the suspect not to shout in order not to attract attention.

“She (Tina) promised the young boy that she would take care of him. She then locked up the house and went away with the boy. She dropped him at one of their aunts’ place and disappeared.

“The suspect is regretting her action and begging for forgiveness as she claimed that she never intended to kill her uncle.”

The post ‘I Killed My Uncle When He Tried To Rape Me’ – Suspect Confesses appeared first on 360Nobs.com.

Source: New feed2

‘I Killed My Uncle When He Tried To Rape Me’ – Suspect Confesses

Featured Image

A 22-year-old lady has in her confessional statement to the Police in Enugu State disclosed that she killed her uncle while trying to prevent him from raping her.“

It was not my intention to kill him. I never intended to do so. He had been disturbing me for sex. I killed my uncle when he tried to rape me,” the suspect said.

The suspect, identified as Rebecca Tina, was arrested and is being held by the police for killing her uncle, Friday Mathew, at the Independence Layout area of Enugu on Thursday.

It is understood that Tina, an indigene of Ikot Udobang Ukanafon, Akwa Ibom State, was arrested by the operatives of New Haven Police Station, Enugu, while attempting to escape, after committing the crime.

A statement by the spokesperson of the police in the state, Ebere Amaraizu, said the incident occurred around 8.30pm on October 26.

In the statement, Tina, according to the spokesperson, alleged that she killed him in self defence as he is fond of making sexual advances to her which she never liked.

“She further disclosed that on that fateful day at about 8.30pm in the night when she was lying down while expecting the deceased 10 year old son by name Thankgod Friday whom she had sent to go and buy sugar for her, that the uncle believing her to be sleeping, tried to have carnal knowledge of her which caused her to wake up forcefully and in a bid to save herself from the mess of the uncle, kicked him on his groin,” the spokesman said.

“This angered the uncle who became violent and in the ensuing struggle, she headed for a stone near the door which she used in hitting his cheek,” he added.

“The uncle consequently became unconscious and later died.”

“Really it was not my intention to kill him as I never intended to do so. Although he has disturbed me sexually severally,” the suspect was quoted as saying.

The statement continued: “When the child of the deceased came back and met the lifeless body of his father, he was allegedly warned by the suspect not to shout in order not to attract attention.

“She (Tina) promised the young boy that she would take care of him. She then locked up the house and went away with the boy. She dropped him at one of their aunts’ place and disappeared.

“The suspect is regretting her action and begging for forgiveness as she claimed that she never intended to kill her uncle.”

The post ‘I Killed My Uncle When He Tried To Rape Me’ – Suspect Confesses appeared first on 360Nobs.com.

Source: New feed2

Maina: Malami Did Not Act In the Public Interest

Featured Image

Maina: Malami Did Not Act In the Public Interest, By Jiti Ogunye

CLICK here to read more opinion articles

ALSO READ: AGF Malami Breaks Silence On Maina’s Recall, Promotion – “I Acted In Public Interest”

Following the public outcry and condemnation that have trailed the revelation that the honourable attorney general of the federation, Abubakar Malami, SAN (the AGF) was the authority in the Federal Government of Nigeria who initiated and instigated the administrative processes that led to the reinstatement and promotion of Mr. Abdulrasheed Abdullahi Maina, the pension scam fugitive, the AGF, in breaking his deafening silence, was reported to have said in his own defence, that he acted in the public interest. Since then a number of Nigerians have come to the defence of the AGF. In doing so, they relied on the reports that there were two subsisting, valid and yet to be appealed “judgments of the courts”, in favour of Maina, which the AGF was merely rendering legal advice on. According to the AGF’s sympathisers now dotting the social media and cyber space, if Maina had obtained court orders which the EFCC did not appeal against, what could have been the good reason for the federal government to flout the orders, and why should the honourable AGF be crucified for advising the government to obey the orders, being the chief law officer of the federation?

This piece was written by Jiti Ogunye. The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of 360Nobs.com.

In this intervention, we wish to provide clarifications on the “court judgments” that were won by Maina, and argue that the imports of the “judgments” do not support the legal advice and directive issued to the Federal Civil Service Commission (FCSC), Office of the Head of Civil Service of the Federation (OHCSF), and the Ministry of the Interior to make them recall Maina and reinstate him into the Civil Service of the Federation. The AGF, in our humble view, acted illegally, immorally, and improperly. He misled the above mentioned institutions and the Federal Government of Nigeria. Whether he did so, conspiratorially and deliberately, in concert with these institutions, in order to pervert the cause of justice, as a result of corrupt practices, or whether he did so inadvertently (or capriciously), owing to a lack of sound legal knowledge from his team of lawyers, may not be known at this point. But there can be no doubt that the AGF acted without legal justification. Having so acted, the least he can do is to accept responsibility instead of trying, through proxies, to wriggle out of the Maina mess by engaging in sophistry and spin. The AGF did not act in the public interest.

The truth is that there were no two judgments that were secured by Maina. He only secured a judgment of a high court and a ruling of a magistrate court in Abuja. When the Seventh Senate directed in 2013 that a warrant of arrest be issued against Maina upon his refusal to heed the summons of Senate Committees to appear for a hearing, Maina filed an action (Suit No. FHC/ABJ /CS/65/13 (Abdulrasheed Maina vs the Senate of the Federal Republic of Nigeria & 8 Ors), for the enforcement of his fundamental rights (to liberty and fair hearing) before a Federal High Court, Abuja, presided over by Hon. Justice Adamu Bello of the Abuja Division of the Federal High Court. The Respondents in the suit were the Senate, Senate president, clerk of the Senate, Senate Committee on Establishment and Public Service, Senate Committee on State and Local Government Administration, inspector-general of Police, attorney general of the federation, Senator Alloysius Etok and Senator Kabiru Gaya. Instructively, the FCSC, Maina’s employer, was not made a party to that Suit, and no relief pertaining to his employment was claimed or granted in that suit. No such relief could have been claimed in the suit, anyway, because his institution and filing of that suit predated his dismissal from service on account of his absconding from duty or absenting himself from work, without leave. The reliefs sought by Maina in the suit were to quash the warrant of arrest issued against him by the Police and to prohibit (by an order of perpetual injunction) his arrest, by the inspector-general of Police, based on that warrant.

In its Judgment, delivered on March 27, 2013, the Court quashed the warrant of arrest that was issued against Maina. The Court held that since the summons issued by the Senate to secure the appearance and attendance of Maina before a Senate Committee’s hearing was not in accordance with Section 88 (1) of the Constitution of the Federal Republic of Nigeria, 1999, the warrant of arrest predicated thereon, and issued against Maina for refusing to heed the summons, was illegal and thus must be set aside. Having set aside the warrant, the Court granted Maina an order of perpetual injunction restraining all the respondents, jointly and severally, from arresting him, based on that voided warrant of arrest.

It is clear that in his judgment, Hon. Justice Adamu Bello did not absolve Maina of any criminal allegations that were pending against him, and from being investigated by the Economic and Financial Crimes Commission (EFCC). The judgment, which was delivered on March 27, 2013, did not determine, and could not have decided the charges that were later filed in 2015 against Maina by the EFCC, before Hon. Justice Kolawole of the Federal High Court. It should be noted also that the warrant of arrest issued and procured by the Police, which was nullified by Hon. Justice Adamu Bello was different and separate from the warrant for the arrest of Maina, which was later procured by the EFCC from a magistrate court in 2015.

Apart from that judgment, there was a ruling that was obtained by Maina against the warrant for his arrest, which the EFCC had procured on October 27, 2015 in the Chief Magistrate Court, FCT, Abuja, presided over by Chief Magistrate Ahmed Usman Shuaibu. The ruling secured by Maina (which is now being inappropriately referred to as the second judgment) was delivered in May, 2016. The ruling voided the said warrant of arrest earlier obtained by the EFCC. The chief magistrate based his ruling voiding the warrant of arrest on the ground that his court lacked the jurisdiction to have granted the warrant in the first instance. The ruling followed the application that was brought by Maina through his counsel. It should be noted, however, that by the vacation of that warrant of arrest, the EFCC was not precluded from obtaining another warrant of arrest in order to bring Maina, a fugitive, to justice.

In a separate criminal action, Maina was on July 21, 2015 charged by the EFCC, alongside Stephen Oronsaye, Osarenkhoe Afe and Fredrick Hamilton Global Services Limited, before Hon. Justice Gabriel Kolowole of the Federal High Court, Abuja in a 24-count charge bordering on procurement fraud and obtaining property by false pretences. While Stephen Oronsaye and the two others were in Court, Maina was not, for he was at large, although he was represented by counsel, Esther Uzoma. Since he was not produced in Court, the charge could not be prosecuted against him. Since the law does not permit that he be tried in absentia, he was not prosecuted and was neither discharged nor found guilty. It is, therefore, erroneous for anyone to argue that since Maina still enjoys the presumption of innocence until he is found guilty, he is entitled to be reinstated as a public servant.

It should be noted that all charges instituted by the EFCC are initiated and commenced in the name of the Federal Republic of Nigeria – FRN – and are deemed to be so instituted under the power of public prosecution donated to the AGF by Section 174 of the Constitution, meaning that the AGF is deemed, in a sense, to have initiated such charges and he is presumed to know that such charges are brought. Thus, the AGF ought to have ensured, upon Maina’s re-emergence and appearance, that he was made to face his prosecution, instead of assuming the role of his advocate and solicitor, insistently demanding for his reinstatement in the public service.

Now, let us examine how the AGF, the chief law officer of the federation, related to and interpreted these court decisions and proceedings in his letters, advising and directing that Maina be reinstated into office, more than four years after Maina’s dismissal on March 5, 2013.

The AGF first wrote a letter to the FCSC on February 21, 2017, demanding for the reinstatement of Abdulrasheed Maina. The letter was in response to the letter of the FCSC to the AGF, dated February 1, 2017. In other words, the first letter of the AGF was in response to the letter of the FCSC to him on the subject.

In the letter, entitled “Re: Demand for Update on the Reinstatement of Mr. Abdulrasheed Abdullahi Maina as Director in the Federal Civil Service”, the AGF reasoned that since the query issued to Maina, reference no. MI30040//1/3, dated February 15, 2013, and his eventual dismissal vide a letter dated March 5, 2013 were “predicated” on the warrant of arrest issued against him by the Police, his dismissal should be lifted and he should be reinstated, in view of the judgment of court voiding the said warrant of arrest.

The AGF wrote another letter dated April 27, 2017, reminding the FCSC of his earlier letter and directing that Maina be reinstated. The AGF’s letter of April 27, 2017, with Ref. No. HAGF/FCSC/2017/Vol. 1/3, addressed to the chairman, FCSC and entitled “Re: Demand for update on the re-instatement of Mr. Abdulrasheed Abdulahi Maina as Director in the Federal Civil Service”, read as follows:

“Your letter on the above captioned subject matter refrenced FCSC/CHMN/OC/17/Vol. XIV/209 dated 3rd March 2017 and the letters copied to the Office of the Honourable Attorney General of the Federation by the office of the Head of the Civil Service of the Federation on the same subject matter respectively referenced HCSF/LU/COR/FCSC/749/III/84 dated 27th March 2017 and 20th April 2017 refer (copies attached).

“You would recall that I wrote your office vide a letter refrenced HAGF/FCSC/2017/Vol. 1/2 dated 21 February 2017 wherein I drew your attention to the legal import of the judgment delivered by his Lordship, Honourable Justice A. Bello of the Federal High Court, Abuja Judicial Division on Wednesday the 27th day of March, 2013 in suit No FHC/ABJ/CS/65/13 (Abdulrasheed Maina vs the Senate of the Federal Republic of Nigeria & 8 Ors), a suit in which my office represented the Federal Government of Nigeria.

“In my said letter, I directed your office to give a consequential effect to the said judgment which voided the warrant of arrest issued by the Police against Dr. Abdulrasheed A. Maina, which warrant of arrest formed the basis for the query referenced MI/30040/1/1, dated the 15th day of Febraury, 2013 and his eventual dismissal from the service of the Federal Government of Nigeria on the 5th day of March 2013. Having reviewed all the correspondence vis-a-vis the court judgment. I hereby write to reiterate my earlier directive and further direct that you give a consequential effect to the aforesaid judgment by taking necessary steps to ensure immediate reinstatement of Dr. Maina to his duty post as a Director in the Federal Civil Service to enable him continue his service to the Federal Government of Nigeria.

“Please accept, Honourable Chairman, the assurances of my best regards always”.

The letter was copied to the head of service of the federation and the permanent secretary, Ministry of Interior.

Based on the second letter of the AGF, the FCSC met on June 14, 2017. At the end of its meeting, it requested the Office of the Head of the Civil Service of the Federation (OHCSF), vide a letter referenced FC.4029/82/Vol. III/160, and dated June 21, 2017, to advise the permanent secretary of the Ministry of Interior to consider the AGF’s letter, the officer (Maina)’s case and make appropriate recommendations to the FCSC. The OHCSF was said to have advised the Ministry of Interior, as requested by the FCSC, to deliberate on the matter of Maina’s reinstatement. That role, however, has been disavowed by Mrs. Oyo Ita, the head of civil service of the federation, in a press statement issued by her office.

Subsequently and in line with the “directive” of the OHCSF, the Ministry of Interior, at its Senior Staff Committee’s meeting held on June 22, 2017, acted on the AGF’s letter and recommended that Maina be reinstated into the public service as deputy director on salary grade level 16. Thereafter, the FCSC, on August 16, 2017 approved the reinstatement of Maina with effect from the date he was earlier dismissed from service. The FCSC further gave approval for Maina to sit for the next promotion examination to the post of director (Administration) with salary grade level 17. By that reinstatement, Maina’s dismissal was totally obliterated from his employment record, and he was thus paid the backlog of his salaries and allowances, for the four years when he did not work for the Federal Government of Nigeria; salaries and allowances reportedly totaling over twenty million naira!

Having critically examined the trajectory and contents of the official communications and deliberations resulting in Maina’s purported reinstatement, it is our humble view that the Hon. AGF had no valid reason to have directed the FCSC, “to give a consequential effect to the said judgment which voided the warrant of arrest issued by the Police against Dr. Abdulrasheed A. Maina, which warrant of arrest formed the basis for the query referenced MI/30040/1/1 dated the 15th day of Febraury, 2013 and his eventual dismissal from the service of the Federal Government of Nigeria on the 5th day of March 2013.”

The interpretation given to the Judgment of Hon. Justice Adamu Bello was, to say the least, very wrong. Justice Adamu Bello’s judgment was in respect of the warrant that was issued by the Police to effect the arrest of Maina, for his failure to heed the Senate’s summons. If the Eighth Senate had resuscitated Maina’s probe and renewed the summons that was issued by the Committee of the Seventh Senate to Maina, and if the inspector-general of Police had revived the voided warrant of arrest with the intention to effect Maina’s arrest, the AGF could have issued an advice against such move, since there was no appeal against the Judgment of Adamu Bello, J. But that was not the case.

When he was dismissed from service, Maina did not challenge his dismissal by filing a court action in the Federal High Court or in the National Industrial Court, following the Third Alteration of the Constitution, which by Section 254C now vests exclusive jurisdiction in all labour and employment matters in the National Industrial Court. If there had been any such action leading to a judgment favourable to Maina, certainly that judgment nullifying the dismissal of Maina from the civil service would have been the fulcrum of the AGF’s recommendation of Maina for reinstatement. If such a judgment quashing Maina’s dismissal exists, let the AGF produce it to the Nigerian public.

By virtue of the provision of Section 2 of the Public Officer Protection Act, Cap P41, Laws of the Federation Nigeria 2004, if Maina had wanted to challenge his dismissal from the civil service, he should have done so within three months of the occurrence of his dismissal, or accrual of cause of action, that is three months from the date of his dismissal on March 5, 2013. Under the Section, the limitation of time for instituting an action against public officers (or offices) is three months. Any action commenced after the three month period is statute-barred and is liable to be dismissed. Therefore, having failed to file an action against his dismissal from the public service within the time allowed by law, Maina’s right of action against his dismissal is dead. Not today, but since 2013. It was, therefore, wrong for the Hon. AGF to seek to revive that right of action by disingenuously claiming that Maina’s query and dismissal was predicated on that warrant of arrest which was voided in Maina’s case for the enforcement of his fundamental rights.

Let us even assume, without conceding, that Maina’s dismissal from the civil service was predicated on the said warrant of arrest. The questions that will arise from such an assumption are many. Upon the voiding of that warrant of arrest by Hon. Justice Adamu Bello, in his judgment of March 27, 2013, why did Maina not thereafter challenge his dismissal in a court of law, since his dismissal from employment was a separate cause of action, distinct from the threat to arrest him and breach his right to liberty under the voided warrant? If Maina believed that the issue of the warrant for his arrest and dismissal from employment were one and the same cause of action, why did he not seek the enforcement of the judgment of Justice Adamu Bello against the FCSC (if indeed, the AGF was right in his position that the judgment had a bearing on Maina’s dismissal, to warrant his reinstatement being founded on the alleged consequential effect which should be given to the judgment)? Or why did Maina not petition Muhammed Adoke (SAN), the former AGF, who, incidentally is also now a “fugitive from justice”, to seek an administrative remedy of reinstatement? Why did Maina delay for four years “to reap the fruits of his judgment”, to which he was entitled under the Justice Adamu Bello judgment; “fruits” which the legal wizardry and interpretative ingenuity of the Hon. AGF have now pointed out to the FCSC and the Federal Government of Nigeria, who were not clear-eyed enough to have seen these “hanging fruits” all these years?

Maina was issued a query on February 15, 2013 and was eventually dismissed on March 5, 2013. The judgment of Hon. Justice Adamu Bello vacating the warrant for his arrest was delivered on March 27, 2013. The Maina suit leading to that judgment was already pending in that Court, and was being litigated and adjudicated, when the disciplinary action of dismissal against Maina was taken by the FCSC. Thus, the issue of the disciplinary action that was taken against him by the FCSC, pursuant to Rule 04412 of the Public Service Rules, was not part of his claim in Court. Not being part of his claim, the Court could not have adjudicated on that issue. Since the Court did no determine the issue of his employment, there was no justification whatsoever for the Hon. AGF to have imported that into the judgment by relying on the voiding of the warrant of arrest therein to advise and direct that Maina be reinstated. Rule 04412 states clearly that, “any officer who absents himself from duty or from Nigeria without leave renders himself liable to be dismissed from the service and the onus shall rest on him, to show that the circumstances do no justify the imposition of the full penalty.”

In any case, it is settled law that an action seeking a declaration that an employee has been unlawfully dismissed or that an employment has been wrongfully terminated, and seeking orders of either reinstatement or damages, cannot be commenced by an originating motion or application for the enforcement of fundamental rights. Employment and the legal right thereto are not fundamental human rights which are enforceable in court vide the fundamental rights provisions or enforcement procedure rules. Obviously, therefore, the fundamental rights enforcement suit decided by Hon. Justice Adamu Belleo did not determine, and could not have determined the legal dispute of unlawful dismissal of Maina by the FCSC. The Court would have had no jurisdiction to entertain Maina’s action if the action, using the fundamental rights enforcement procedure mode of commencement of an action, had been filed in respect of his dismissal.

The judgment that the Hon. AGF relied upon to direct the reinstatement of Maina did not determine the issue of Maina’s employment. It was, therefore wrong for the Hon. AGF to twist the effect of that judgment to secure Maina’s reinstatement.

The Office of the Attorney General of any country under the rule of law is a very important office. In Nigeria, the office of the AGF, unlike the offices of the other ministers in the federal government, is specially created by Section 150 of the Constitution, and the AGF specifically is given powers by Section 174 of the Constitution, unlike the other ministers in the government of the federation, who are not specifically granted any powers by the Constitution. It is an office that demands that the occupant be learned in law, impeccable in character, high in morality and pure in professional ethics.

The honourable AGF knew when he was writing his letters and issuing his directives that Maina was a scofflaw and fugitive from justice. But he was not restrained by that knowledge. Abubakar Malami (SAN), by his action and conduct, has done incalculable harm to the integrity of the Buhari’s administration. He has done terrible damage to the anti-corruption fight, and has dishonoured the Office of the AGF.

He need not wait to be sacked. He should do the honourable thing. He should resign from office.

Jiti Ogunye, lawyer, public interest attorney, legal commentator, author, and essayist, is the legal adviser to PREMIUM TIMES.

This piece was written by Jiti Ogunye. The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of 360Nobs.com.

The post Maina: Malami Did Not Act In the Public Interest appeared first on 360Nobs.com.

Source: New feed2

Maina: Malami Did Not Act In the Public Interest

Featured Image

Maina: Malami Did Not Act In the Public Interest, By Jiti Ogunye

CLICK here to read more opinion articles

ALSO READ: AGF Malami Breaks Silence On Maina’s Recall, Promotion – “I Acted In Public Interest”

Following the public outcry and condemnation that have trailed the revelation that the honourable attorney general of the federation, Abubakar Malami, SAN (the AGF) was the authority in the Federal Government of Nigeria who initiated and instigated the administrative processes that led to the reinstatement and promotion of Mr. Abdulrasheed Abdullahi Maina, the pension scam fugitive, the AGF, in breaking his deafening silence, was reported to have said in his own defence, that he acted in the public interest. Since then a number of Nigerians have come to the defence of the AGF. In doing so, they relied on the reports that there were two subsisting, valid and yet to be appealed “judgments of the courts”, in favour of Maina, which the AGF was merely rendering legal advice on. According to the AGF’s sympathisers now dotting the social media and cyber space, if Maina had obtained court orders which the EFCC did not appeal against, what could have been the good reason for the federal government to flout the orders, and why should the honourable AGF be crucified for advising the government to obey the orders, being the chief law officer of the federation?

This piece was written by Jiti Ogunye. The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of 360Nobs.com.

In this intervention, we wish to provide clarifications on the “court judgments” that were won by Maina, and argue that the imports of the “judgments” do not support the legal advice and directive issued to the Federal Civil Service Commission (FCSC), Office of the Head of Civil Service of the Federation (OHCSF), and the Ministry of the Interior to make them recall Maina and reinstate him into the Civil Service of the Federation. The AGF, in our humble view, acted illegally, immorally, and improperly. He misled the above mentioned institutions and the Federal Government of Nigeria. Whether he did so, conspiratorially and deliberately, in concert with these institutions, in order to pervert the cause of justice, as a result of corrupt practices, or whether he did so inadvertently (or capriciously), owing to a lack of sound legal knowledge from his team of lawyers, may not be known at this point. But there can be no doubt that the AGF acted without legal justification. Having so acted, the least he can do is to accept responsibility instead of trying, through proxies, to wriggle out of the Maina mess by engaging in sophistry and spin. The AGF did not act in the public interest.

The truth is that there were no two judgments that were secured by Maina. He only secured a judgment of a high court and a ruling of a magistrate court in Abuja. When the Seventh Senate directed in 2013 that a warrant of arrest be issued against Maina upon his refusal to heed the summons of Senate Committees to appear for a hearing, Maina filed an action (Suit No. FHC/ABJ /CS/65/13 (Abdulrasheed Maina vs the Senate of the Federal Republic of Nigeria & 8 Ors), for the enforcement of his fundamental rights (to liberty and fair hearing) before a Federal High Court, Abuja, presided over by Hon. Justice Adamu Bello of the Abuja Division of the Federal High Court. The Respondents in the suit were the Senate, Senate president, clerk of the Senate, Senate Committee on Establishment and Public Service, Senate Committee on State and Local Government Administration, inspector-general of Police, attorney general of the federation, Senator Alloysius Etok and Senator Kabiru Gaya. Instructively, the FCSC, Maina’s employer, was not made a party to that Suit, and no relief pertaining to his employment was claimed or granted in that suit. No such relief could have been claimed in the suit, anyway, because his institution and filing of that suit predated his dismissal from service on account of his absconding from duty or absenting himself from work, without leave. The reliefs sought by Maina in the suit were to quash the warrant of arrest issued against him by the Police and to prohibit (by an order of perpetual injunction) his arrest, by the inspector-general of Police, based on that warrant.

In its Judgment, delivered on March 27, 2013, the Court quashed the warrant of arrest that was issued against Maina. The Court held that since the summons issued by the Senate to secure the appearance and attendance of Maina before a Senate Committee’s hearing was not in accordance with Section 88 (1) of the Constitution of the Federal Republic of Nigeria, 1999, the warrant of arrest predicated thereon, and issued against Maina for refusing to heed the summons, was illegal and thus must be set aside. Having set aside the warrant, the Court granted Maina an order of perpetual injunction restraining all the respondents, jointly and severally, from arresting him, based on that voided warrant of arrest.

It is clear that in his judgment, Hon. Justice Adamu Bello did not absolve Maina of any criminal allegations that were pending against him, and from being investigated by the Economic and Financial Crimes Commission (EFCC). The judgment, which was delivered on March 27, 2013, did not determine, and could not have decided the charges that were later filed in 2015 against Maina by the EFCC, before Hon. Justice Kolawole of the Federal High Court. It should be noted also that the warrant of arrest issued and procured by the Police, which was nullified by Hon. Justice Adamu Bello was different and separate from the warrant for the arrest of Maina, which was later procured by the EFCC from a magistrate court in 2015.

Apart from that judgment, there was a ruling that was obtained by Maina against the warrant for his arrest, which the EFCC had procured on October 27, 2015 in the Chief Magistrate Court, FCT, Abuja, presided over by Chief Magistrate Ahmed Usman Shuaibu. The ruling secured by Maina (which is now being inappropriately referred to as the second judgment) was delivered in May, 2016. The ruling voided the said warrant of arrest earlier obtained by the EFCC. The chief magistrate based his ruling voiding the warrant of arrest on the ground that his court lacked the jurisdiction to have granted the warrant in the first instance. The ruling followed the application that was brought by Maina through his counsel. It should be noted, however, that by the vacation of that warrant of arrest, the EFCC was not precluded from obtaining another warrant of arrest in order to bring Maina, a fugitive, to justice.

In a separate criminal action, Maina was on July 21, 2015 charged by the EFCC, alongside Stephen Oronsaye, Osarenkhoe Afe and Fredrick Hamilton Global Services Limited, before Hon. Justice Gabriel Kolowole of the Federal High Court, Abuja in a 24-count charge bordering on procurement fraud and obtaining property by false pretences. While Stephen Oronsaye and the two others were in Court, Maina was not, for he was at large, although he was represented by counsel, Esther Uzoma. Since he was not produced in Court, the charge could not be prosecuted against him. Since the law does not permit that he be tried in absentia, he was not prosecuted and was neither discharged nor found guilty. It is, therefore, erroneous for anyone to argue that since Maina still enjoys the presumption of innocence until he is found guilty, he is entitled to be reinstated as a public servant.

It should be noted that all charges instituted by the EFCC are initiated and commenced in the name of the Federal Republic of Nigeria – FRN – and are deemed to be so instituted under the power of public prosecution donated to the AGF by Section 174 of the Constitution, meaning that the AGF is deemed, in a sense, to have initiated such charges and he is presumed to know that such charges are brought. Thus, the AGF ought to have ensured, upon Maina’s re-emergence and appearance, that he was made to face his prosecution, instead of assuming the role of his advocate and solicitor, insistently demanding for his reinstatement in the public service.

Now, let us examine how the AGF, the chief law officer of the federation, related to and interpreted these court decisions and proceedings in his letters, advising and directing that Maina be reinstated into office, more than four years after Maina’s dismissal on March 5, 2013.

The AGF first wrote a letter to the FCSC on February 21, 2017, demanding for the reinstatement of Abdulrasheed Maina. The letter was in response to the letter of the FCSC to the AGF, dated February 1, 2017. In other words, the first letter of the AGF was in response to the letter of the FCSC to him on the subject.

In the letter, entitled “Re: Demand for Update on the Reinstatement of Mr. Abdulrasheed Abdullahi Maina as Director in the Federal Civil Service”, the AGF reasoned that since the query issued to Maina, reference no. MI30040//1/3, dated February 15, 2013, and his eventual dismissal vide a letter dated March 5, 2013 were “predicated” on the warrant of arrest issued against him by the Police, his dismissal should be lifted and he should be reinstated, in view of the judgment of court voiding the said warrant of arrest.

The AGF wrote another letter dated April 27, 2017, reminding the FCSC of his earlier letter and directing that Maina be reinstated. The AGF’s letter of April 27, 2017, with Ref. No. HAGF/FCSC/2017/Vol. 1/3, addressed to the chairman, FCSC and entitled “Re: Demand for update on the re-instatement of Mr. Abdulrasheed Abdulahi Maina as Director in the Federal Civil Service”, read as follows:

“Your letter on the above captioned subject matter refrenced FCSC/CHMN/OC/17/Vol. XIV/209 dated 3rd March 2017 and the letters copied to the Office of the Honourable Attorney General of the Federation by the office of the Head of the Civil Service of the Federation on the same subject matter respectively referenced HCSF/LU/COR/FCSC/749/III/84 dated 27th March 2017 and 20th April 2017 refer (copies attached).

“You would recall that I wrote your office vide a letter refrenced HAGF/FCSC/2017/Vol. 1/2 dated 21 February 2017 wherein I drew your attention to the legal import of the judgment delivered by his Lordship, Honourable Justice A. Bello of the Federal High Court, Abuja Judicial Division on Wednesday the 27th day of March, 2013 in suit No FHC/ABJ/CS/65/13 (Abdulrasheed Maina vs the Senate of the Federal Republic of Nigeria & 8 Ors), a suit in which my office represented the Federal Government of Nigeria.

“In my said letter, I directed your office to give a consequential effect to the said judgment which voided the warrant of arrest issued by the Police against Dr. Abdulrasheed A. Maina, which warrant of arrest formed the basis for the query referenced MI/30040/1/1, dated the 15th day of Febraury, 2013 and his eventual dismissal from the service of the Federal Government of Nigeria on the 5th day of March 2013. Having reviewed all the correspondence vis-a-vis the court judgment. I hereby write to reiterate my earlier directive and further direct that you give a consequential effect to the aforesaid judgment by taking necessary steps to ensure immediate reinstatement of Dr. Maina to his duty post as a Director in the Federal Civil Service to enable him continue his service to the Federal Government of Nigeria.

“Please accept, Honourable Chairman, the assurances of my best regards always”.

The letter was copied to the head of service of the federation and the permanent secretary, Ministry of Interior.

Based on the second letter of the AGF, the FCSC met on June 14, 2017. At the end of its meeting, it requested the Office of the Head of the Civil Service of the Federation (OHCSF), vide a letter referenced FC.4029/82/Vol. III/160, and dated June 21, 2017, to advise the permanent secretary of the Ministry of Interior to consider the AGF’s letter, the officer (Maina)’s case and make appropriate recommendations to the FCSC. The OHCSF was said to have advised the Ministry of Interior, as requested by the FCSC, to deliberate on the matter of Maina’s reinstatement. That role, however, has been disavowed by Mrs. Oyo Ita, the head of civil service of the federation, in a press statement issued by her office.

Subsequently and in line with the “directive” of the OHCSF, the Ministry of Interior, at its Senior Staff Committee’s meeting held on June 22, 2017, acted on the AGF’s letter and recommended that Maina be reinstated into the public service as deputy director on salary grade level 16. Thereafter, the FCSC, on August 16, 2017 approved the reinstatement of Maina with effect from the date he was earlier dismissed from service. The FCSC further gave approval for Maina to sit for the next promotion examination to the post of director (Administration) with salary grade level 17. By that reinstatement, Maina’s dismissal was totally obliterated from his employment record, and he was thus paid the backlog of his salaries and allowances, for the four years when he did not work for the Federal Government of Nigeria; salaries and allowances reportedly totaling over twenty million naira!

Having critically examined the trajectory and contents of the official communications and deliberations resulting in Maina’s purported reinstatement, it is our humble view that the Hon. AGF had no valid reason to have directed the FCSC, “to give a consequential effect to the said judgment which voided the warrant of arrest issued by the Police against Dr. Abdulrasheed A. Maina, which warrant of arrest formed the basis for the query referenced MI/30040/1/1 dated the 15th day of Febraury, 2013 and his eventual dismissal from the service of the Federal Government of Nigeria on the 5th day of March 2013.”

The interpretation given to the Judgment of Hon. Justice Adamu Bello was, to say the least, very wrong. Justice Adamu Bello’s judgment was in respect of the warrant that was issued by the Police to effect the arrest of Maina, for his failure to heed the Senate’s summons. If the Eighth Senate had resuscitated Maina’s probe and renewed the summons that was issued by the Committee of the Seventh Senate to Maina, and if the inspector-general of Police had revived the voided warrant of arrest with the intention to effect Maina’s arrest, the AGF could have issued an advice against such move, since there was no appeal against the Judgment of Adamu Bello, J. But that was not the case.

When he was dismissed from service, Maina did not challenge his dismissal by filing a court action in the Federal High Court or in the National Industrial Court, following the Third Alteration of the Constitution, which by Section 254C now vests exclusive jurisdiction in all labour and employment matters in the National Industrial Court. If there had been any such action leading to a judgment favourable to Maina, certainly that judgment nullifying the dismissal of Maina from the civil service would have been the fulcrum of the AGF’s recommendation of Maina for reinstatement. If such a judgment quashing Maina’s dismissal exists, let the AGF produce it to the Nigerian public.

By virtue of the provision of Section 2 of the Public Officer Protection Act, Cap P41, Laws of the Federation Nigeria 2004, if Maina had wanted to challenge his dismissal from the civil service, he should have done so within three months of the occurrence of his dismissal, or accrual of cause of action, that is three months from the date of his dismissal on March 5, 2013. Under the Section, the limitation of time for instituting an action against public officers (or offices) is three months. Any action commenced after the three month period is statute-barred and is liable to be dismissed. Therefore, having failed to file an action against his dismissal from the public service within the time allowed by law, Maina’s right of action against his dismissal is dead. Not today, but since 2013. It was, therefore, wrong for the Hon. AGF to seek to revive that right of action by disingenuously claiming that Maina’s query and dismissal was predicated on that warrant of arrest which was voided in Maina’s case for the enforcement of his fundamental rights.

Let us even assume, without conceding, that Maina’s dismissal from the civil service was predicated on the said warrant of arrest. The questions that will arise from such an assumption are many. Upon the voiding of that warrant of arrest by Hon. Justice Adamu Bello, in his judgment of March 27, 2013, why did Maina not thereafter challenge his dismissal in a court of law, since his dismissal from employment was a separate cause of action, distinct from the threat to arrest him and breach his right to liberty under the voided warrant? If Maina believed that the issue of the warrant for his arrest and dismissal from employment were one and the same cause of action, why did he not seek the enforcement of the judgment of Justice Adamu Bello against the FCSC (if indeed, the AGF was right in his position that the judgment had a bearing on Maina’s dismissal, to warrant his reinstatement being founded on the alleged consequential effect which should be given to the judgment)? Or why did Maina not petition Muhammed Adoke (SAN), the former AGF, who, incidentally is also now a “fugitive from justice”, to seek an administrative remedy of reinstatement? Why did Maina delay for four years “to reap the fruits of his judgment”, to which he was entitled under the Justice Adamu Bello judgment; “fruits” which the legal wizardry and interpretative ingenuity of the Hon. AGF have now pointed out to the FCSC and the Federal Government of Nigeria, who were not clear-eyed enough to have seen these “hanging fruits” all these years?

Maina was issued a query on February 15, 2013 and was eventually dismissed on March 5, 2013. The judgment of Hon. Justice Adamu Bello vacating the warrant for his arrest was delivered on March 27, 2013. The Maina suit leading to that judgment was already pending in that Court, and was being litigated and adjudicated, when the disciplinary action of dismissal against Maina was taken by the FCSC. Thus, the issue of the disciplinary action that was taken against him by the FCSC, pursuant to Rule 04412 of the Public Service Rules, was not part of his claim in Court. Not being part of his claim, the Court could not have adjudicated on that issue. Since the Court did no determine the issue of his employment, there was no justification whatsoever for the Hon. AGF to have imported that into the judgment by relying on the voiding of the warrant of arrest therein to advise and direct that Maina be reinstated. Rule 04412 states clearly that, “any officer who absents himself from duty or from Nigeria without leave renders himself liable to be dismissed from the service and the onus shall rest on him, to show that the circumstances do no justify the imposition of the full penalty.”

In any case, it is settled law that an action seeking a declaration that an employee has been unlawfully dismissed or that an employment has been wrongfully terminated, and seeking orders of either reinstatement or damages, cannot be commenced by an originating motion or application for the enforcement of fundamental rights. Employment and the legal right thereto are not fundamental human rights which are enforceable in court vide the fundamental rights provisions or enforcement procedure rules. Obviously, therefore, the fundamental rights enforcement suit decided by Hon. Justice Adamu Belleo did not determine, and could not have determined the legal dispute of unlawful dismissal of Maina by the FCSC. The Court would have had no jurisdiction to entertain Maina’s action if the action, using the fundamental rights enforcement procedure mode of commencement of an action, had been filed in respect of his dismissal.

The judgment that the Hon. AGF relied upon to direct the reinstatement of Maina did not determine the issue of Maina’s employment. It was, therefore wrong for the Hon. AGF to twist the effect of that judgment to secure Maina’s reinstatement.

The Office of the Attorney General of any country under the rule of law is a very important office. In Nigeria, the office of the AGF, unlike the offices of the other ministers in the federal government, is specially created by Section 150 of the Constitution, and the AGF specifically is given powers by Section 174 of the Constitution, unlike the other ministers in the government of the federation, who are not specifically granted any powers by the Constitution. It is an office that demands that the occupant be learned in law, impeccable in character, high in morality and pure in professional ethics.

The honourable AGF knew when he was writing his letters and issuing his directives that Maina was a scofflaw and fugitive from justice. But he was not restrained by that knowledge. Abubakar Malami (SAN), by his action and conduct, has done incalculable harm to the integrity of the Buhari’s administration. He has done terrible damage to the anti-corruption fight, and has dishonoured the Office of the AGF.

He need not wait to be sacked. He should do the honourable thing. He should resign from office.

Jiti Ogunye, lawyer, public interest attorney, legal commentator, author, and essayist, is the legal adviser to PREMIUM TIMES.

This piece was written by Jiti Ogunye. The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of 360Nobs.com.

The post Maina: Malami Did Not Act In the Public Interest appeared first on 360Nobs.com.

Source: New feed2

Maina: Malami Did Not Act In the Public Interest

Featured Image

Maina: Malami Did Not Act In the Public Interest, By Jiti Ogunye

CLICK here to read more opinion articles

ALSO READ: AGF Malami Breaks Silence On Maina’s Recall, Promotion – “I Acted In Public Interest”

Following the public outcry and condemnation that have trailed the revelation that the honourable attorney general of the federation, Abubakar Malami, SAN (the AGF) was the authority in the Federal Government of Nigeria who initiated and instigated the administrative processes that led to the reinstatement and promotion of Mr. Abdulrasheed Abdullahi Maina, the pension scam fugitive, the AGF, in breaking his deafening silence, was reported to have said in his own defence, that he acted in the public interest. Since then a number of Nigerians have come to the defence of the AGF. In doing so, they relied on the reports that there were two subsisting, valid and yet to be appealed “judgments of the courts”, in favour of Maina, which the AGF was merely rendering legal advice on. According to the AGF’s sympathisers now dotting the social media and cyber space, if Maina had obtained court orders which the EFCC did not appeal against, what could have been the good reason for the federal government to flout the orders, and why should the honourable AGF be crucified for advising the government to obey the orders, being the chief law officer of the federation?

This piece was written by Jiti Ogunye. The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of 360Nobs.com.

In this intervention, we wish to provide clarifications on the “court judgments” that were won by Maina, and argue that the imports of the “judgments” do not support the legal advice and directive issued to the Federal Civil Service Commission (FCSC), Office of the Head of Civil Service of the Federation (OHCSF), and the Ministry of the Interior to make them recall Maina and reinstate him into the Civil Service of the Federation. The AGF, in our humble view, acted illegally, immorally, and improperly. He misled the above mentioned institutions and the Federal Government of Nigeria. Whether he did so, conspiratorially and deliberately, in concert with these institutions, in order to pervert the cause of justice, as a result of corrupt practices, or whether he did so inadvertently (or capriciously), owing to a lack of sound legal knowledge from his team of lawyers, may not be known at this point. But there can be no doubt that the AGF acted without legal justification. Having so acted, the least he can do is to accept responsibility instead of trying, through proxies, to wriggle out of the Maina mess by engaging in sophistry and spin. The AGF did not act in the public interest.

The truth is that there were no two judgments that were secured by Maina. He only secured a judgment of a high court and a ruling of a magistrate court in Abuja. When the Seventh Senate directed in 2013 that a warrant of arrest be issued against Maina upon his refusal to heed the summons of Senate Committees to appear for a hearing, Maina filed an action (Suit No. FHC/ABJ /CS/65/13 (Abdulrasheed Maina vs the Senate of the Federal Republic of Nigeria & 8 Ors), for the enforcement of his fundamental rights (to liberty and fair hearing) before a Federal High Court, Abuja, presided over by Hon. Justice Adamu Bello of the Abuja Division of the Federal High Court. The Respondents in the suit were the Senate, Senate president, clerk of the Senate, Senate Committee on Establishment and Public Service, Senate Committee on State and Local Government Administration, inspector-general of Police, attorney general of the federation, Senator Alloysius Etok and Senator Kabiru Gaya. Instructively, the FCSC, Maina’s employer, was not made a party to that Suit, and no relief pertaining to his employment was claimed or granted in that suit. No such relief could have been claimed in the suit, anyway, because his institution and filing of that suit predated his dismissal from service on account of his absconding from duty or absenting himself from work, without leave. The reliefs sought by Maina in the suit were to quash the warrant of arrest issued against him by the Police and to prohibit (by an order of perpetual injunction) his arrest, by the inspector-general of Police, based on that warrant.

In its Judgment, delivered on March 27, 2013, the Court quashed the warrant of arrest that was issued against Maina. The Court held that since the summons issued by the Senate to secure the appearance and attendance of Maina before a Senate Committee’s hearing was not in accordance with Section 88 (1) of the Constitution of the Federal Republic of Nigeria, 1999, the warrant of arrest predicated thereon, and issued against Maina for refusing to heed the summons, was illegal and thus must be set aside. Having set aside the warrant, the Court granted Maina an order of perpetual injunction restraining all the respondents, jointly and severally, from arresting him, based on that voided warrant of arrest.

It is clear that in his judgment, Hon. Justice Adamu Bello did not absolve Maina of any criminal allegations that were pending against him, and from being investigated by the Economic and Financial Crimes Commission (EFCC). The judgment, which was delivered on March 27, 2013, did not determine, and could not have decided the charges that were later filed in 2015 against Maina by the EFCC, before Hon. Justice Kolawole of the Federal High Court. It should be noted also that the warrant of arrest issued and procured by the Police, which was nullified by Hon. Justice Adamu Bello was different and separate from the warrant for the arrest of Maina, which was later procured by the EFCC from a magistrate court in 2015.

Apart from that judgment, there was a ruling that was obtained by Maina against the warrant for his arrest, which the EFCC had procured on October 27, 2015 in the Chief Magistrate Court, FCT, Abuja, presided over by Chief Magistrate Ahmed Usman Shuaibu. The ruling secured by Maina (which is now being inappropriately referred to as the second judgment) was delivered in May, 2016. The ruling voided the said warrant of arrest earlier obtained by the EFCC. The chief magistrate based his ruling voiding the warrant of arrest on the ground that his court lacked the jurisdiction to have granted the warrant in the first instance. The ruling followed the application that was brought by Maina through his counsel. It should be noted, however, that by the vacation of that warrant of arrest, the EFCC was not precluded from obtaining another warrant of arrest in order to bring Maina, a fugitive, to justice.

In a separate criminal action, Maina was on July 21, 2015 charged by the EFCC, alongside Stephen Oronsaye, Osarenkhoe Afe and Fredrick Hamilton Global Services Limited, before Hon. Justice Gabriel Kolowole of the Federal High Court, Abuja in a 24-count charge bordering on procurement fraud and obtaining property by false pretences. While Stephen Oronsaye and the two others were in Court, Maina was not, for he was at large, although he was represented by counsel, Esther Uzoma. Since he was not produced in Court, the charge could not be prosecuted against him. Since the law does not permit that he be tried in absentia, he was not prosecuted and was neither discharged nor found guilty. It is, therefore, erroneous for anyone to argue that since Maina still enjoys the presumption of innocence until he is found guilty, he is entitled to be reinstated as a public servant.

It should be noted that all charges instituted by the EFCC are initiated and commenced in the name of the Federal Republic of Nigeria – FRN – and are deemed to be so instituted under the power of public prosecution donated to the AGF by Section 174 of the Constitution, meaning that the AGF is deemed, in a sense, to have initiated such charges and he is presumed to know that such charges are brought. Thus, the AGF ought to have ensured, upon Maina’s re-emergence and appearance, that he was made to face his prosecution, instead of assuming the role of his advocate and solicitor, insistently demanding for his reinstatement in the public service.

Now, let us examine how the AGF, the chief law officer of the federation, related to and interpreted these court decisions and proceedings in his letters, advising and directing that Maina be reinstated into office, more than four years after Maina’s dismissal on March 5, 2013.

The AGF first wrote a letter to the FCSC on February 21, 2017, demanding for the reinstatement of Abdulrasheed Maina. The letter was in response to the letter of the FCSC to the AGF, dated February 1, 2017. In other words, the first letter of the AGF was in response to the letter of the FCSC to him on the subject.

In the letter, entitled “Re: Demand for Update on the Reinstatement of Mr. Abdulrasheed Abdullahi Maina as Director in the Federal Civil Service”, the AGF reasoned that since the query issued to Maina, reference no. MI30040//1/3, dated February 15, 2013, and his eventual dismissal vide a letter dated March 5, 2013 were “predicated” on the warrant of arrest issued against him by the Police, his dismissal should be lifted and he should be reinstated, in view of the judgment of court voiding the said warrant of arrest.

The AGF wrote another letter dated April 27, 2017, reminding the FCSC of his earlier letter and directing that Maina be reinstated. The AGF’s letter of April 27, 2017, with Ref. No. HAGF/FCSC/2017/Vol. 1/3, addressed to the chairman, FCSC and entitled “Re: Demand for update on the re-instatement of Mr. Abdulrasheed Abdulahi Maina as Director in the Federal Civil Service”, read as follows:

“Your letter on the above captioned subject matter refrenced FCSC/CHMN/OC/17/Vol. XIV/209 dated 3rd March 2017 and the letters copied to the Office of the Honourable Attorney General of the Federation by the office of the Head of the Civil Service of the Federation on the same subject matter respectively referenced HCSF/LU/COR/FCSC/749/III/84 dated 27th March 2017 and 20th April 2017 refer (copies attached).

“You would recall that I wrote your office vide a letter refrenced HAGF/FCSC/2017/Vol. 1/2 dated 21 February 2017 wherein I drew your attention to the legal import of the judgment delivered by his Lordship, Honourable Justice A. Bello of the Federal High Court, Abuja Judicial Division on Wednesday the 27th day of March, 2013 in suit No FHC/ABJ/CS/65/13 (Abdulrasheed Maina vs the Senate of the Federal Republic of Nigeria & 8 Ors), a suit in which my office represented the Federal Government of Nigeria.

“In my said letter, I directed your office to give a consequential effect to the said judgment which voided the warrant of arrest issued by the Police against Dr. Abdulrasheed A. Maina, which warrant of arrest formed the basis for the query referenced MI/30040/1/1, dated the 15th day of Febraury, 2013 and his eventual dismissal from the service of the Federal Government of Nigeria on the 5th day of March 2013. Having reviewed all the correspondence vis-a-vis the court judgment. I hereby write to reiterate my earlier directive and further direct that you give a consequential effect to the aforesaid judgment by taking necessary steps to ensure immediate reinstatement of Dr. Maina to his duty post as a Director in the Federal Civil Service to enable him continue his service to the Federal Government of Nigeria.

“Please accept, Honourable Chairman, the assurances of my best regards always”.

The letter was copied to the head of service of the federation and the permanent secretary, Ministry of Interior.

Based on the second letter of the AGF, the FCSC met on June 14, 2017. At the end of its meeting, it requested the Office of the Head of the Civil Service of the Federation (OHCSF), vide a letter referenced FC.4029/82/Vol. III/160, and dated June 21, 2017, to advise the permanent secretary of the Ministry of Interior to consider the AGF’s letter, the officer (Maina)’s case and make appropriate recommendations to the FCSC. The OHCSF was said to have advised the Ministry of Interior, as requested by the FCSC, to deliberate on the matter of Maina’s reinstatement. That role, however, has been disavowed by Mrs. Oyo Ita, the head of civil service of the federation, in a press statement issued by her office.

Subsequently and in line with the “directive” of the OHCSF, the Ministry of Interior, at its Senior Staff Committee’s meeting held on June 22, 2017, acted on the AGF’s letter and recommended that Maina be reinstated into the public service as deputy director on salary grade level 16. Thereafter, the FCSC, on August 16, 2017 approved the reinstatement of Maina with effect from the date he was earlier dismissed from service. The FCSC further gave approval for Maina to sit for the next promotion examination to the post of director (Administration) with salary grade level 17. By that reinstatement, Maina’s dismissal was totally obliterated from his employment record, and he was thus paid the backlog of his salaries and allowances, for the four years when he did not work for the Federal Government of Nigeria; salaries and allowances reportedly totaling over twenty million naira!

Having critically examined the trajectory and contents of the official communications and deliberations resulting in Maina’s purported reinstatement, it is our humble view that the Hon. AGF had no valid reason to have directed the FCSC, “to give a consequential effect to the said judgment which voided the warrant of arrest issued by the Police against Dr. Abdulrasheed A. Maina, which warrant of arrest formed the basis for the query referenced MI/30040/1/1 dated the 15th day of Febraury, 2013 and his eventual dismissal from the service of the Federal Government of Nigeria on the 5th day of March 2013.”

The interpretation given to the Judgment of Hon. Justice Adamu Bello was, to say the least, very wrong. Justice Adamu Bello’s judgment was in respect of the warrant that was issued by the Police to effect the arrest of Maina, for his failure to heed the Senate’s summons. If the Eighth Senate had resuscitated Maina’s probe and renewed the summons that was issued by the Committee of the Seventh Senate to Maina, and if the inspector-general of Police had revived the voided warrant of arrest with the intention to effect Maina’s arrest, the AGF could have issued an advice against such move, since there was no appeal against the Judgment of Adamu Bello, J. But that was not the case.

When he was dismissed from service, Maina did not challenge his dismissal by filing a court action in the Federal High Court or in the National Industrial Court, following the Third Alteration of the Constitution, which by Section 254C now vests exclusive jurisdiction in all labour and employment matters in the National Industrial Court. If there had been any such action leading to a judgment favourable to Maina, certainly that judgment nullifying the dismissal of Maina from the civil service would have been the fulcrum of the AGF’s recommendation of Maina for reinstatement. If such a judgment quashing Maina’s dismissal exists, let the AGF produce it to the Nigerian public.

By virtue of the provision of Section 2 of the Public Officer Protection Act, Cap P41, Laws of the Federation Nigeria 2004, if Maina had wanted to challenge his dismissal from the civil service, he should have done so within three months of the occurrence of his dismissal, or accrual of cause of action, that is three months from the date of his dismissal on March 5, 2013. Under the Section, the limitation of time for instituting an action against public officers (or offices) is three months. Any action commenced after the three month period is statute-barred and is liable to be dismissed. Therefore, having failed to file an action against his dismissal from the public service within the time allowed by law, Maina’s right of action against his dismissal is dead. Not today, but since 2013. It was, therefore, wrong for the Hon. AGF to seek to revive that right of action by disingenuously claiming that Maina’s query and dismissal was predicated on that warrant of arrest which was voided in Maina’s case for the enforcement of his fundamental rights.

Let us even assume, without conceding, that Maina’s dismissal from the civil service was predicated on the said warrant of arrest. The questions that will arise from such an assumption are many. Upon the voiding of that warrant of arrest by Hon. Justice Adamu Bello, in his judgment of March 27, 2013, why did Maina not thereafter challenge his dismissal in a court of law, since his dismissal from employment was a separate cause of action, distinct from the threat to arrest him and breach his right to liberty under the voided warrant? If Maina believed that the issue of the warrant for his arrest and dismissal from employment were one and the same cause of action, why did he not seek the enforcement of the judgment of Justice Adamu Bello against the FCSC (if indeed, the AGF was right in his position that the judgment had a bearing on Maina’s dismissal, to warrant his reinstatement being founded on the alleged consequential effect which should be given to the judgment)? Or why did Maina not petition Muhammed Adoke (SAN), the former AGF, who, incidentally is also now a “fugitive from justice”, to seek an administrative remedy of reinstatement? Why did Maina delay for four years “to reap the fruits of his judgment”, to which he was entitled under the Justice Adamu Bello judgment; “fruits” which the legal wizardry and interpretative ingenuity of the Hon. AGF have now pointed out to the FCSC and the Federal Government of Nigeria, who were not clear-eyed enough to have seen these “hanging fruits” all these years?

Maina was issued a query on February 15, 2013 and was eventually dismissed on March 5, 2013. The judgment of Hon. Justice Adamu Bello vacating the warrant for his arrest was delivered on March 27, 2013. The Maina suit leading to that judgment was already pending in that Court, and was being litigated and adjudicated, when the disciplinary action of dismissal against Maina was taken by the FCSC. Thus, the issue of the disciplinary action that was taken against him by the FCSC, pursuant to Rule 04412 of the Public Service Rules, was not part of his claim in Court. Not being part of his claim, the Court could not have adjudicated on that issue. Since the Court did no determine the issue of his employment, there was no justification whatsoever for the Hon. AGF to have imported that into the judgment by relying on the voiding of the warrant of arrest therein to advise and direct that Maina be reinstated. Rule 04412 states clearly that, “any officer who absents himself from duty or from Nigeria without leave renders himself liable to be dismissed from the service and the onus shall rest on him, to show that the circumstances do no justify the imposition of the full penalty.”

In any case, it is settled law that an action seeking a declaration that an employee has been unlawfully dismissed or that an employment has been wrongfully terminated, and seeking orders of either reinstatement or damages, cannot be commenced by an originating motion or application for the enforcement of fundamental rights. Employment and the legal right thereto are not fundamental human rights which are enforceable in court vide the fundamental rights provisions or enforcement procedure rules. Obviously, therefore, the fundamental rights enforcement suit decided by Hon. Justice Adamu Belleo did not determine, and could not have determined the legal dispute of unlawful dismissal of Maina by the FCSC. The Court would have had no jurisdiction to entertain Maina’s action if the action, using the fundamental rights enforcement procedure mode of commencement of an action, had been filed in respect of his dismissal.

The judgment that the Hon. AGF relied upon to direct the reinstatement of Maina did not determine the issue of Maina’s employment. It was, therefore wrong for the Hon. AGF to twist the effect of that judgment to secure Maina’s reinstatement.

The Office of the Attorney General of any country under the rule of law is a very important office. In Nigeria, the office of the AGF, unlike the offices of the other ministers in the federal government, is specially created by Section 150 of the Constitution, and the AGF specifically is given powers by Section 174 of the Constitution, unlike the other ministers in the government of the federation, who are not specifically granted any powers by the Constitution. It is an office that demands that the occupant be learned in law, impeccable in character, high in morality and pure in professional ethics.

The honourable AGF knew when he was writing his letters and issuing his directives that Maina was a scofflaw and fugitive from justice. But he was not restrained by that knowledge. Abubakar Malami (SAN), by his action and conduct, has done incalculable harm to the integrity of the Buhari’s administration. He has done terrible damage to the anti-corruption fight, and has dishonoured the Office of the AGF.

He need not wait to be sacked. He should do the honourable thing. He should resign from office.

Jiti Ogunye, lawyer, public interest attorney, legal commentator, author, and essayist, is the legal adviser to PREMIUM TIMES.

This piece was written by Jiti Ogunye. The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of 360Nobs.com.

The post Maina: Malami Did Not Act In the Public Interest appeared first on 360Nobs.com.

Source: New feed2

Manchester United Have To Win The Premier League This Season – Gary Neville

Featured Image

Former Manchester United defender Gary Neville has said that the club “have got to win the Premier League this season”.

Manchester United returned to winning ways in the league with a 1-0 victory over Tottenham Hotspur, but the 20-time English champions are still five points behind leaders Manchester City in the table.

Gary Neville commented on the importance of the victory over Spurs ahead of United’s trip to Chelsea next weekend, but the pundit said that his former club are under intense pressure to win the title ahead of City this season.

“United would have been seven points behind City with a draw – then City would have had a chance to go 10 points clear next weekend before United played at Chelsea,” Neville said on The Gary Neville Podcast.

“That would’ve been a big gap. So now, ultimately it gives United a much better chance. United have got to win the Premier League this season. Manchester City have got to win the Premier League too. Both teams, with the money invested, second isn’t good enough.”

The post Manchester United Have To Win The Premier League This Season – Gary Neville appeared first on 360Nobs.com.

Source: New feed

Manchester United Have To Win The Premier League This Season – Gary Neville

Featured Image

Former Manchester United defender Gary Neville has said that the club “have got to win the Premier League this season”.

Manchester United returned to winning ways in the league with a 1-0 victory over Tottenham Hotspur, but the 20-time English champions are still five points behind leaders Manchester City in the table.

Gary Neville commented on the importance of the victory over Spurs ahead of United’s trip to Chelsea next weekend, but the pundit said that his former club are under intense pressure to win the title ahead of City this season.

“United would have been seven points behind City with a draw – then City would have had a chance to go 10 points clear next weekend before United played at Chelsea,” Neville said on The Gary Neville Podcast.

“That would’ve been a big gap. So now, ultimately it gives United a much better chance. United have got to win the Premier League this season. Manchester City have got to win the Premier League too. Both teams, with the money invested, second isn’t good enough.”

The post Manchester United Have To Win The Premier League This Season – Gary Neville appeared first on 360Nobs.com.

Source: New feed

Manchester United Have To Win The Premier League This Season – Gary Neville

Featured Image

Former Manchester United defender Gary Neville has said that the club “have got to win the Premier League this season”.

Manchester United returned to winning ways in the league with a 1-0 victory over Tottenham Hotspur, but the 20-time English champions are still five points behind leaders Manchester City in the table.

Gary Neville commented on the importance of the victory over Spurs ahead of United’s trip to Chelsea next weekend, but the pundit said that his former club are under intense pressure to win the title ahead of City this season.

“United would have been seven points behind City with a draw – then City would have had a chance to go 10 points clear next weekend before United played at Chelsea,” Neville said on The Gary Neville Podcast.

“That would’ve been a big gap. So now, ultimately it gives United a much better chance. United have got to win the Premier League this season. Manchester City have got to win the Premier League too. Both teams, with the money invested, second isn’t good enough.”

The post Manchester United Have To Win The Premier League This Season – Gary Neville appeared first on 360Nobs.com.

Source: New feed

Claude Puel Looking To “Seduce” His Leicester City Players

Featured Image

Leicester City manager Claude Puel has vowed to “seduce” his players into wanting to stay at the club through playing good football.

Claude Puel is preparing for his first game as Foxes manager, against Everton on Sunday, since taking over from the sacked Craig Shakespeare on Wednesday.

One of the pressing issues at Leicester is the future of their star players, namely Riyad Mahrez, who handed in a transfer request in the summer.

“It is down to me to make these players want to stay by the fact we are playing good football,” Puel told Sky Sports News. “I have always got to attract them, to seduce them.

“It is down to me to create that environment where these players want to thrive and stay and be happy and to enjoy themselves, their football and the plans that we have.

“It is normal for a player, if they win the title and play Champions League, that sometimes there is disappointment, frustration because now they know the high level.

“My door is always open and it is important to listen, to try to tell them it is a different opportunity, that they feel they can improve.”

The post Claude Puel Looking To “Seduce” His Leicester City Players appeared first on 360Nobs.com.

Source: New feed

Claude Puel Looking To “Seduce” His Leicester City Players

Featured Image

Leicester City manager Claude Puel has vowed to “seduce” his players into wanting to stay at the club through playing good football.

Claude Puel is preparing for his first game as Foxes manager, against Everton on Sunday, since taking over from the sacked Craig Shakespeare on Wednesday.

One of the pressing issues at Leicester is the future of their star players, namely Riyad Mahrez, who handed in a transfer request in the summer.

“It is down to me to make these players want to stay by the fact we are playing good football,” Puel told Sky Sports News. “I have always got to attract them, to seduce them.

“It is down to me to create that environment where these players want to thrive and stay and be happy and to enjoy themselves, their football and the plans that we have.

“It is normal for a player, if they win the title and play Champions League, that sometimes there is disappointment, frustration because now they know the high level.

“My door is always open and it is important to listen, to try to tell them it is a different opportunity, that they feel they can improve.”

The post Claude Puel Looking To “Seduce” His Leicester City Players appeared first on 360Nobs.com.

Source: New feed

Claude Puel Looking To “Seduce” His Leicester City Players

Featured Image

Leicester City manager Claude Puel has vowed to “seduce” his players into wanting to stay at the club through playing good football.

Claude Puel is preparing for his first game as Foxes manager, against Everton on Sunday, since taking over from the sacked Craig Shakespeare on Wednesday.

One of the pressing issues at Leicester is the future of their star players, namely Riyad Mahrez, who handed in a transfer request in the summer.

“It is down to me to make these players want to stay by the fact we are playing good football,” Puel told Sky Sports News. “I have always got to attract them, to seduce them.

“It is down to me to create that environment where these players want to thrive and stay and be happy and to enjoy themselves, their football and the plans that we have.

“It is normal for a player, if they win the title and play Champions League, that sometimes there is disappointment, frustration because now they know the high level.

“My door is always open and it is important to listen, to try to tell them it is a different opportunity, that they feel they can improve.”

The post Claude Puel Looking To “Seduce” His Leicester City Players appeared first on 360Nobs.com.

Source: New feed

Football Papers :All The Latest Football News And Transfer Gossips Today

Featured Image
  • Manchester City have ditched plans to move for Arsenal’s Alexis Sanchez in January and will wait to sign him for nothing next summer.
  • The Liverpool board have promised Jurgen Klopp every penny for new players if they sell Philippe Coutinho in January.
  • Chelsea boss Antonio Conte still wants to sign a left-back in January with Tottenham’s Danny Rose and Alex Sandro of Juventus remaining his top targets.
  • Liverpool target Zeca is ready to take his current club Santos to court in order to cancel his contract.
  • Leicester, West Brom and Aston Villa will try to tempt Michael Carrick away from Manchester United in January.
  • The Everton board are split over who they want as next manager as owner Farhad Moshiri wants Watford boss Marco Silva.
  • Caretaker Everton boss David Unsworth says it would not be a gamble to give him the job full time.
  • Watford are eyeing up Liverpool’s Lazar Markovic, who is yet to make a first-team appearance this season.
  • Sheffield Wednesday are tracking Nigeria midfielder Oghenekaro Etebo, who plays in Portugal for Feirense.
  • Brighton CEO Paul Barber says the club will not break spirit for any player or agent.
  • SUN ON SUNDAY
  • Everton have joined the race to land Arsenal’s wantaway star Alexis Sanchez.
  • Eddie Nketiah is set for a massive 650% increase on his salary in new five-year Arsenal deal.
  • Ex-Crystal Palace, Newcastle and Southampton boss Alan Pardew has rejected an offer to take over at Dynamo Kiev.
  • Former Bolton star Ivan Klasnic has undergone a third kidney operation.
  • Brighton could make a £5m offer for Sunderland defender Lamine Kone.
  • Lionel Messi could play for Catalonia if FIFA recognises the country and he switches allegiances.
  • Kevin de Bruyne will become the highest-paid player in Manchester City’s history when he signs a new £250,000-a-week contract.
  • Benjamin Mendy has handed Manchester City boss Pep Guardiola a boost by making an early start to his rehab from knee surgery.
  • David de Gea is still waiting to learn when he will receive an improved pay deal at Manchester United.
  • Manchester United are ready to make a £30m move for Paris Saint-German right-back Thomas Meunier, who has been relegated to a reserve role by the arrival of Dani Alves.
  • Barcelona believe a £75m down payment in a £132m total deal for Philippe Coutinho will be enough to end Liverpool’s determination to keep the Brazilian.
  • Tottenham have renewed their interest in Barcelona midfielder Andre Gomes after running out of time to sign him in the summer.
  • Brighton boss Chris Hughton says he will help the FA as they look to put the Eni Aluko controversy behind them.
  • New Leicester manager Claude Puel has a plan to make wantaway forward Riyad Mahrez fall in love with the club again.

The post Football Papers :All The Latest Football News And Transfer Gossips Today appeared first on 360Nobs.com.

Source: New feed

Valverde: We Are Lucky To Have Messi

Featured Image

Ernesto Valverde was brimming with praise for Lionel Messi, after he helped Barcelona to a 2-0 win over Athletic Bilbao.

Barcelona were made to work for the win, as Messi gave the Catalans the lead in the 36th minute, before Paulinho settled matters.

Valverde was full of praise for the mercurial Argentine, who has now scored 16 goals in 15 appearances.

“Messi could have scored another goal if the post hadn’t got in the way, but he’s incredible,” he said.

“He can make the difference at any moment. It was a spectacular goal.

“We’re so lucky that the best player in the world plays for us.”

The post Valverde: We Are Lucky To Have Messi appeared first on 360Nobs.com.

Source: New feed

Joshua Bloodies Takam, To Retain Belts

Featured Image

Anthony Joshua has held on to his IBF and WBA ‘super’ belts, after a gruesome fight with Carlos Takam ended in the 10th round with a technical knockout.

Joshua possibly sustained a broken nose in the second round, after the boxers heads’ collided, but the undefeated boxer held on for his 20th consecutive knockout.

The British boxer had to switch up tactics last week, after Pulev was replaced with Takam as his challenger.

Joshua unleased his heavy artillery in the first round, sending a ramrod jab and shots that sent Takam backing into the ropes.

The Cameroonian lunged forward in the second round and Joshua was left with a bloodied nose as heads collided.

Takam was spurred on by the sight of blood and landed a left hand counter in the third, but paid for it in the fourth, as a slashing right hook from the undefeated Brit opened a cut over his right eye.

His vision was impaired, before Joshua followed it with a left that saw Takam being showed concern by the referee, but he opted to keep fighting.

The British boxer went to work on the wound and opened it further some more. An uppercut in the sixth sent Takam wobbling, but he maintained his balance and stared down the champion.

Takam’s face was all swollen and bloodied, but the French boxer held on and stood his ground. Joshua went to work on Takam’s body in the eight and he replied in the ninth.

But a savage encounter was ended in the 10th as Joshua staggered Takam with an uppercut and then a straight right hand prompted the swift intervention of Edwards, who mercifully waved off the fight.

The post Joshua Bloodies Takam, To Retain Belts appeared first on 360Nobs.com.

Source: New feed