The Attorney General of the Federation and Minister of Justice, Abubakar Malami has made it clear that the federal government is ever ready to release the names of the treasury looters in the country, but would be subject to certain conditions.

Malami, who was answering reporters’ questions at the Presidential Villa, Abuja, shortly after the weekly Federal Executive Council (FEC) meeting today, Wednesday, said that in obeying the court order eary]ier passed today, certain factors have to be considered as far as making disclosures are concerned.

“Let me place it on the record that we have Freedom of Information Act in place. And the government is fully aware of its responsibility. But we have to take into account and consideration, the fact that there are some factors that have to be considered as far as making these disclosures are concerned.

“There are matters that are sub-judice in court. There are matters of reconciliation, compilations and other associated things.

Malami said that on the need and compliant basis, the federal government has been making public necessarily statements.

According to him, the disclosure will be made, but that it would be contingent on reconciliation of associated considerations as they relate to sub justice principles and as they relate to Concluding, reconciliation and confirmation of figures.

“So, that has been done and the government will at the appropriate time, make necessary disclosures, perhaps intermittently, against the background of the prevailing conditions relating to the pendency of certain things and associated things.” [myad]

A Federal High Court sitting in Lagos has compelled the President Muhammadu Buhari’s Federal Government to immediately release to Nigerians, information about the names of high-ranking public officials from whom public funds were recovered and the circumstances under which funds were recovered, as well as the exact amount recovered from each public official.

The judgment was delivered today, Wednesday, by Justice Hadiza Rabiu Shagari, following a Freedom of Information suit number: FHC/CS/964/2016 brought by Socio-Economic Rights and Accountability Project (SERAP).

The suit followed disclosure last year by the Federal Government of funds recovered from some high-ranking public officials and private individuals.

In her judgment, Justice Shagari agreed with SERAP that “the Federal Government has legally binding obligations to tell Nigerians the names of all suspected looters of the public treasury past and present.”

Joined in the suit as defendants, are the Minister of Information, Alhaji Lai Muhammed and the Federal Ministry of Information and Culture.

Justice Shagari also granted the following reliefs:

A declaration that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the Defendants are under a binding legal obligation to provide the Plaintiff with up to date information relating to the following:

To widely disseminate including a dedicated website information about the names of high-ranking public officials from whom public funds were recovered since May 2015, the circumstances under which stolen public funds were returned

SERAP is now processing a certified true copy of the judgment.

The Deputy Director of SERAP, Timothy Adewale, SERAP who argued the case on behalf of SERAP and was in court this morning when the judgment was delivered said “This is a victory for justice, rule of law, transparency and accountability in this country.

“The judgment shows the way forward in the fight against corruption and impunity of perpetrators.

“We will do everything within the law to ensure full compliance by President Muhammadu Buhari and Acting President Osinbajo with this landmark judgment.”

It would be recalled that the Ministry of Information last year published details of the recoveries, which showed that the Nigerian government successfully retrieved total cash amount N78,325,354,631.82, $185,119,584.61, £3,508,355.46 and €11, 250 between May 29, 2015, and May 25, 2016. Also released were recoveries under interim forfeiture, which were a combination of cash and assets, during the same period: N126,563,481,095.43, $9,090,243,920.15, £2,484,447.55 and €303,399.17. Anticipated repatriation from foreign countries totalled: $321,316,726.1, £6,900,000 and €11,826.11. The ministry also announced that 239 non-cash recoveries were made during the one-year period. The non-cash recoveries are – farmlands, plots of land, uncompleted buildings, completed buildings, vehicles and maritime vessels.

Subsequently, SERAP issued an FOI request and gave the Minister of Information, Alhaji Lai Muhammed 14 days to disclose the names of all suspected looters.

The request reads in part: “While we believe that suspects generally are entitled to be presumed innocent until proven guilty by a court of competent jurisdiction, SERAP opposes blanket non-disclosure of names of high-ranking public officials from whom some of the funds were recovered.”

“SERAP insists that the public interest to know is greater than any other legitimate interest that the government might wish to protect. The Nigerian government has an obligation to balance whether the risk of harm to the legitimate aim (that is secrecy of ongoing corruption investigation and presumption of innocence) from disclosure of the names of public officials is greater than the public interest in accessing the information.”

“According to public interest test, even if the government demonstrates that the publication of the names of public officials would substantially harm a legitimate interest, it is nevertheless obliged to disclose the requested information if, as it is the case here, the public interest in disclosure is sufficient enough to overweigh the harm.”

“SERAP believes that the recoveries, specifically from high-ranking public officials (and not private individuals), are matters of public interest. Publishing the names of those public officials will provide insights relevant to the public debate on the ongoing efforts to prevent and combat a culture of grand corruption and the longstanding impunity of perpetrators in the country.”

“The gravity of the crime of grand corruption, the devastating effects on the socially and economically vulnerable sectors of the population, and the fact that recovery of huge funds from high-ranking public officials entrusted with the public treasury raise a prima-facie case and therefore amount to exceptional circumstances that justify naming those high-ranking officials in the public interest.”

“SERAP also argues that Nigerians are entitled to the right to truth derived from the obligations of the government to carry out an investigation of violations of human rights and crime of corruption committed within its jurisdiction; to identify, prosecute and punish those responsible; and to ensure that victims have the simple and prompt recourse for protection against violation of fundamental rights, as well as to ensure transparency in public administration.”

“SERAP believes that the right to truth allows Nigerians to gain access to information essential to the fight against corruption and in turn development of democratic institutions as well as provides a form of reparation to victims of grand corruption in the country.”

“Publishing the names of public officials involved could go a long way in preventing senior public officials from turning the public treasury into a private cash box. SERAP argues that the public interest in publishing the names of the high-ranking government officials from whom funds were received outweighs any considerations to withhold the information, as there would be no prejudice against those whose names are published as long as the information is appropriately framed and truthful.”

“There is a general public interest in promoting transparency, accountability, public understanding and involvement in the democratic process. While the government in some limited cases can legitimately place restrictions on the public’s right to access certain information, attempts of the Nigerian authorities to justify the total closure of information related to the names of public officials from whom funds were recovered on the basis of “ongoing criminal investigation” and “presumption of innocence goes far beyond the limitations allowed under international law, and would promote secret recoveries.”

“The information being requested is not related to detailed investigatory activities of anticorruption agencies regarding the recoveries so far made. Similarly, the mere fact that the information being requested is related to ongoing investigation does not necessarily mean that the information could not be disclosed. In addition, governmental agency has the obligation to prove that the disclosure of the names of public officials would disrupt, impede, or otherwise harm the ongoing or pending investigations or presumption of innocence.” [myad]

Former President Goodluck Jonathan may soon appear before the House of Representatives Ad-hoc Committee on OPL 245 to testify in the ongoing investigation on alleged massive corruption in Malabu Oil.

The committee, which announced its intention to formally invite Jonathan on this controversial matter, said that it had conducted an extensive investigation into the OPL 245 saga and about to close it.

The Committee said that in the interest of thoroughness, natural justice and fair play, it is imperative that evidence should be taken from the former President.

A statement by the committee today, Wednesday, said that it took account of the following facts:

(i) That Dr. Jonathan was the President at the material time the Ministers brokered the deal that leads to the allegation of $1bn diversion of funds;

(ii) That Dr. Jonathan’s name features in the proceedings initiated by the Public Prosecutor of Milan in Italy;

(iii) That a U.K. Court Judgment in relation to an application to return part of the money being restrained castigated the Jonathan Administration as not having acted in the best interest of Nigeria in relation to the ‘deal’;

(iv) That the Attorney-General of the Federation at the material time, Mohammed Bello Adoke, has recently instituted proceedings in court wherein he pleads that all his actions were as instructed by former President Goodluck Jonathan.

“Accordingly, pursuant to the provisions of the Constitution, the Committee has decided to request that former President Goodluck Jonathan gives evidence as to his role in the matter.”

The statement sent by the House, said the Secretariat will write to him asking for his response and submissions. [myad]

The Federal Capital Territory Administration has re-opened the Nyanya Temporary high capacity Bus Terminal which was closed down in April, 2014 following multiple bomb blasts.

The FCT Minister Malam Muhammad Musa Bello, who performed the reopening ceremony, said that the park was re-opened after all necessary security measures have been put in place and to ease the difficulty by commuters since the closure of the terminal over three years ago.

The Minister, who was represented at the occasion by the Acting Secretary of the Transportation Secretariat, Abdulhamid Mohammed Suleiman acknowledged the hardship which commuters were subjected to as a result of absence of a clearly defined terminal.

“The vicinity around the bombed terminal where commuters converge to board vehicles was always congested, thus causing heavy vehicular gridlocks while the commuters board vehicles along the road thereby exposing them to further threat to their lives.”

Mohammed Bello said that the closure of the terminal also impacted negatively on the Terminal Operator who was out of operation during the period and equally spent substantial amount in rebuilding the site.

“The journey to the reopening of this terminal was tortuous. Various security meetings were held to determine the various implications or otherwise of its reopening. I’m happy to announce to you that the various security meetings favored the reopening and that’s what we are here to do this afternoon.

“Let me use this occasion to assure the commuting public that this terminal is safe for use. All necessary security measures have been put in place to ensure the safety of lives and properties. The law enforcement Agents have been fully mobilized to ensure all round security of the commuters in and around the terminal.”

The Minister commended the Law enforcement agents for keeping vigil at the site since April 2014 when the bomb blast occurred, adding that such effort had kept the enemy away from the vicinity.

He advised them to increase their vigilance as the terminal goes into full operation. [myad]

The Deputy Senate President, Ike Ekweremadu, has described the move by the Independence National Electoral Commission (INEC) to effect the recall of Dino Melaye from the Senate back to the village as ‘dead on arrival.’

He gave Melaye assurance of the support of the upper chamber in his present travail with people of his Kogi West Senatorial zone that are working hard to remove him from the Senate, proclaiming the recall process “dead on arrival.”

Senator Melaye had, today, Tuesday, sought for the support of  his colleagues over the drum of recall that is being beating by people of his constituency,  saying that the recall issue is being sponsored by the State Governor, Yahaya Bello.

He cited Order 14 of the Senate Rule and pleaded with his colleagues to act.

Assuring him of the support he sought for, the Deputy Senate President said that the Constitution made recall a cumbersome process, and that as such, it would be difficult for Melaye’s opponents to succeed.

“The Senate would also verify the legitimacy of the votes before a conclusion is made,” Ekweremadu said.

Melaye’s call on his colleagues to intervene came on the heels of a time table for his recall that was released yesterday, Monday, by the Independent National Electoral Commission (INEC).

Meanwhile, signatures for Melaye’s recall have been collected at his constituency in an exercise that began on June 10.

Campaigners said that 188,588 signatures were submitted to INEC, which is more than 52 per cent of about 260,000 voters in the constituency.

On June 22, INEC notified Melaye of the recall process. His lawyers responded with a lawsuit the next day, asking the electoral body to stay all actions relating to the exercise.

INEC, however, said that it would proceed with the recall process since there was no court injunction stopping it. [myad]

The Independent National Electoral Commission (INEC) has made it clear that nobody, not even the Senate can stop the recall process of the embattled Senator representing Kogi West zone, Dino Melaye, except by what it called ‘a legitimate court order.’

Chief Press Secretary to INEC chairman, Rotimi Oyekanmi, who spoke to news men today, Tuesday, said that the commission has already fixed August 19 for verification of signatures of petitioners demanding Melaye’s recall, amid various lawsuits instituted to stop the process.

“The constituents came with sacks of documents which they said were `the signatures’ of more than half of the voting population of Kogi West Senatorial District, which Melaye represents.

“They also presented a register of the said signatories and a letter, asking INEC to begin the process of recalling the Senator representing that particular district.

“Subsequently, the commission, in exercise of the powers conferred on it by Sections 116 of the Electoral Act 2010 (as amended), on Monday issued a timetable and schedule of activities for the recall of the Senator.

“The first stage is a verification exercise slated for July 10, 2017. To that extent, filing a lawsuit is not enough to stop INEC from carrying out its legitimate duty.

“Only a legitimate court order or an injunction can be considered by the commission.”

On claims by Melaye that some of the signatures submitted to INEC were forged and that names of dead registered voters were also included, Oyekanmi said: “the commission will adopt its normal way of conducting the verification exercise, which will be applicable to both the literate and not-so-literate.” [myad]

The Economic and Financial Crimes Commission (EFCC) has arrested a wanted former Governor of Jigawa State, Saminu Turaki at the launch of a book at the International Conference Centre, Abuja. The book, titled: ‘The First Regular Combatant: Brigadier General Zakariya Maimalari,’ was authored by Haruna Paloma.

The book launch was attended by among others, former President Olusegun Obasanjo; former Head of State, General Yakubu Gowon; the National Security Adviser (MSA), General Babagana Moguno; the Chief of Staff to the President, Abba Kyari; the Chief of Army Staff, Lt.General Tukur Buratai and others.

Saminu Turaki is standing trial for allegedly stealing N36 billion when he was governor of the state from 1999 to 2007. He had also been accused in court of using N12 billion out of the N36 billion to fund former President Olusegun Obasanjo’s failed third term bid in 2006.

Last year, operatives of the EFCC went to his house in a bid to execute an arrest warrant for the former governor who had failed to present himself for trial since 2011 when he was arraigned on 36 counts at the Federal High Court in Dutse, Jigawa State.

The court had issued a warrant directing the Inspector General of Police or his officers and the EFCC to arrest Turaki and bring him before the court.

Justice S. Yahuza gave the order after Turaki failed to appear before the court even as the EFCC declared him wanted.

The former governor, who also served as Senator from 2007 to 2011, was said to have continued to evade arrest. He was first arraigned by the EFCC before the Federal Capital Territory High Court in 2007 on 32 counts of misappropriating N36bn while he was governor. The case was later transferred to Federal High Court, Dutse after he challenged the jurisdiction of the FCT court. [myad]