The Attorney General Of The Federation And The Many Saga ... Alleged blasphemy: Judge orders psychiatric evaluation of ... The power of pardon is an important component of executive powers, which allows the President to intervene and grant pardon, as a way of "dispensing the mercy of government" in exceptional cases where the legal system fails to . Consent for the Execution of money judgements against the ... This paper examined the nature and application of presidential power of pardon in Nigeria, the United States of America, India and South Africa, amongst others. b) The Police. Although the office of Attorney-General is a common feature of the Constitutions of all the Commonwealth countries, in jurisdictions like Nigeria it is a statute (the Constitution) that confers . Olawunmi (1993) 4 NWLR (pt.287) 254 at 276 read with Order 4 rule 6 of the Rules of the Court, City Express Bank Ltd. v. Lagos State Government (2004) 7 NWLR (pt.872) 258 at 282, that by referring to section 84 of the Sherriffs and Civil Process Act, 2004, on the prerequisite of obtaining the fiat of the Attorney-General before attaching monies . However, on October 25, 2017, the Katsina State Attorney-General, Ahmed El-Marzuqat, notified the court that the state government was taking over the prosecution of the accused persons from the ICPC (Independent Corrupt Practices and Other Related Offences Commission) following a fiat from the office of the AGF to take over the prosecution of . By virtue of Section 2 and 4 of Law Officers' Act, 2004 and the case of SARAKI V FRN (SUPRA) the Court held that in the absence of the Attorney General, the Solicitor General or any other officers in the chambers of the Attorney General can exercise such powers or duties of the Attorney General relating to institution of criminal proceeding. It is his job to give or proffer. 12. A six men armed robbery gang resident in Lagos Ibadan/ Express way has been terrorizing motorist on the high way. Similarly, lockdown cannot be enforced without legal basis. Whether a police officer, legally qualified to practice law in all courts in the Federation by virtue of his being called to the Nigerian Bar under the Legal Practitioners Act, can institute criminal proceedings without the fiat of the Attorney-General of the Federation.. He can also discontinue cases at any stage before judgement is delivered. It is apparent from ongoing discourse that the judgment of the Federal High Court (FHC) in the case of Attorney General for Rivers State ("AG Rivers") v Federal Inland Revenue Service (FIRS) & Attorney General of the Federation ("AG Rivers case") has turned many Nigerians into overnight Tax Consultants and turned some known Tax Consultants . Ltd & Anr. Kabara is standing trial on the allegations bordering on defamation to religion and […] It is the duty and obligation of the Attorney General as the Chief Law Officer to prosecute the alleged offender on behalf of the State. State Aid tax ruling selective advantage Transfer Pricing Tax Featured Content. 2. Attorney-General of Lagos State as at May, 2004 to grant the fiat relied on by the EFCC suffered their legislative deaths years back. SaharaReporters gathered that the move by Malami is to stall the prosecution of high-profile corruption and criminal cases […] Those who were affected, they were all released on the advice of the attorney-general then, Mr. Chike Ofodile, SAN, of blessed memory". However, it is also not in doubt that the Attorney General cannot possible as one individual prosecute all offences committed . Governor Wike, COVID-19 and the "Doctrine of Necessity", By Inibehe Effiong. c) Private persons. this paper examines the power of the attorney-general as contained in section 174 of the constitution of the federal republic of nigeria 1999 i.e. Governor Wike and others cannot just wake up and ban entry into and exit from a state through executive fiat. SAN FRANCISCO, May 08, (THEWILL) - The Director Public Prosecutions (DPP) of the Federation has contradicted the fiat that was used by the Attorney General, AG, of Sokoto State to take over the prosecution of the case of Mohammed Bello, a serving Commissioner in the state and former Permanent Secretary of Local Government and Chieftaincy Affairs in the administration of ex-governor Aliyu . The solicitor General while performing the duties . It is the process whereby a judgment or order of court is… The Court held further that the issue of Fiat, which is connected with the enormous The DPP categorically stated that the AG of the state was not empowered by the fiat to take over the case under reference. The Attorney General Of Federation (AGF) Has No Power To Sell Confiscated Properties Under Any Law In Nigeria By Kabir Akingbolu .The reason given by the Attorney General for ordering the sale . 3. An analysis of Enforcement of Judgments and Court Orders in the Nigerian Legal System Introduction Enforcement is the last stage of the judicial process after the legal right, claim or interest has ended in a judgment or order which remains to be enforced. The Kano State Upper Shari'ah Court Presided over by Ibrahim Sarki Yola has fixed 2nd of September, 2021, to deliver its ruling on the eligibility of four Senior Advocates of Nigeria SANs to continue with the prosecuting of Sheikh Abduljabbar Nasiru Kabara. 10.10 What, if any, are the provisions for unauthorised threats of trade mark infringement? The Police and the Attorney-General of either the Federation or a State is empowered to prosecute criminal offences. The DPP categorically stated that the AG of the state was not empowered by the fiat to take over the case under reference. 359 Laws of the Federation of Nigeria 1990). An analysis of Enforcement of Judgments and Court Orders in the Nigerian Legal System Introduction Enforcement is the last stage of the judicial process after the legal right, claim or interest has ended in a judgment or order which remains to be enforced. In a counter-affidavit sworn to by an Inspector-General of Police, Mr Paul Okafor, it was deposed that the police did not need the fiat of the Attorney-General of the Federation to prosecute the offences under Miscellaneous Offences Act by virtue of section 23 of Police Act (Cap. 140 S 2 of the Law Officers Ordinance (as amended). Save corporate income tax, item 7(a)&(b) of the Concurrent Legislative List limits the power of the National Assembly to delegate the power to collect taxes listed in Items 58 and 59 of the Exclusive Lizikon (Nig.) Background To The Dispute . EFCC; Law Enforcement Agencies; Sokoto AG Not Authorised to Take over EFCC's Case, Says DPP SAMUEL OMOJOYE . 138 40 of 1936 (later Cap 100 of 1958 Edition of the Laws of Nigeria and Lagos). Nigeria is now in a constitutional democracy. It is the job of the Attorney-General to advice the Government on the constitutionality of policies and actions taken or embarked upon by the Government. The defendants - Mohammed Bello, Abubakar Abdullahi Ahmed, Rose Gallery Nigeria Limited, Silver Spring Global Concept Limited and Sitex Multiservice Limited - were charged with 43 counts of money . In a 16-count criminal charge filed by the Director of Public Prosecution, C.F. In particular, the Advocate General argued that: Governor Wike and others cannot just wake up and ban entry into and exit from a state through executive fiat. The lead counsel, Suraj Sa'aida, while tendering the fiat Instrument to the court, on the instruction of Attorney General and Commissioner for Justice Musa Abdullahi Lawan, urging the court to . As stated by the Supreme Court: "Under a Constitution granting specific powers, a specific power must be granted before it can be exercised" - Per Obaseki, JSC, in the celebrated case of Attorney General of Bendel State vs. Attorney General of the Federation & Ors. (2017) LPELR-42339 (CA). iii. The AGF can undertake and institute criminal proceedings against any person before any court of law in the country. The lead counsel, Suraj Sa'aida had, while tendering the Fiat Instrument to the court on the instruction of Attorney General and Commissioner for Justice, Musa Abdullahi Lawan, urged the court to terminate the First Information Report earlier presented to the court by Police when the defendant was first arraigned on 16th July, 2021 and . The office of the Attorney General of the Federation and State is constitutional provided for in Section 150 (1) and Section 195 (1) of the 1999 Constitution of Nigeria (hereinafter referred to as 1999 CFRN). purported fiat of the Attorney-General of Lagos State authorizing it to prosecute for the offence of stealing by conversion (Counts 5 and 6 of the Information), fettered the right of the Appellant to subsequently challenge the jurisdiction of the trial Court to entertain the matter on that same ground. The respondents, who are sons of the same father, were charged before the High Court of Anambra State of Nigeria, Anambra Judicial Division, D.O.C Amaechina J. presiding […] [EFCC now under the Attorney General's office].the implication is that previous prosecutions undertaken have not followed the due process of law now being enunciated. Similarly, lockdown cannot be enforced without legal basis. In your answer highlight the jurisdiction of the court and the procedure for commencement of action, including the fiat given to the Attorney General of Lagos State. Accoring to him, the powers of the AG under the fiat "shall be for the prosecution of offences which may be practically impossible for the office of the Honourable Attorney General of the Federation to prosecute". However, on October 25, 2017, the Katsina State Attorney-General, Ahmed El-Marzuqat, notified the court that the state government was taking over the prosecution of the accused persons from the ICPC (Independent Corrupt Practices and Other Offences Commission) following a fiat from the office of the AGF to take over the prosecution of the case. In the instant case, however, plaintiff's claim for an account in paragraphs 40(2)( a ), and ( c ) is on the allegation that the Federal Government neglected, omitted or wilfully defaulted in furnishing such account to . "the economic and financial crimes commission (establishment) act 2004 is one enactment by the national assembly of the federal republic of nigeria, and so the attorney general of the federation shall have power to institute and undertake criminal proceedings against any person before any court of law in nigeria, in respect of any offence created … Private prosecutions are possible where a private party is able to obtain the fiat of the Attorney-General of the state or of the federation, as the case may be. The National Pension Commission, PenCom, has asked the Attorney General of the Federation for a fiat to institute criminal proceedings against employers who default in remitting pension contributions of their employees to their Retirement Savings Account, RSA. 14 The fiat in question may be oral or written 15 and applies to the conduct of the prosecution before the trial court and to any appeal arising from the trial. Nigeria's Attorney General, Malami Collapses In Sokoto . "Out of the judgment sum of $3.2 billion $1.6 billion has been paid to the plaintiffs. The Attorney General can also give a fiat to a private person to prosecute offenders on his behalf. This administration, I fear, may be opening a Pandora box which it may not be able to control. Abstract. 359 Laws of the Federation of Nigeria, 1990). 136 The first indigenous Attorney-General of Nigeria. EXCLUSIVE: Nigeria's Attorney-General, Malami Sponsors Bill To Take Over, Stall Criminal And Corruption Cases To 'Protect Crooks' - Nigeria's Attorney-General The 1999 Constitution of the Federal Republic of Nigeria (CFRN), and various enactments also vest powers on these authorities: a) The Attorney-General. The lead counsel, Suraj Sa'aida had, while tendering the fiat instrument to the court on the instruction of Attorney General and Commissioner for Justice, Musa Abdullahi Lawan, urged the court . Nigeria's Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, is currently sponsoring a bill before the National Assembly to take over prosecuting and investigative powers of all the law enforcement agencies in the country.SaharaReporters gathered that the move by Malami is to stall the prosecution of high-profile… The office of the Attorney General of Ondo State reserves the right to refuse to grant application for fiat or cancel or revoke the Fiat for Private prosecution at anytime during the trial of the Court case. According to him, the powers of the AG under the fiat "shall be for the prosecution of offences which may be practically impossible for the office of the Honourable Attorney General of the Federation to prosecute". This essay has provided an overview of the powers and duties of the Attorney-General under Nigerian law. Dentons ACAS-LAW - Abayomi . According to Section 174 (1) of the constitution, this means that he can take over and continue criminal proceedings started out by any authority or person. Nigerian authorities containing provisions on the powers and duties of the Attorney-General has been highlighted. Governor Wike, COVID-19 and the "Doctrine of Necessity", By Inibehe Effiong. The lead counsel, Suraj Sa'aida, while tendering the fiat Instrument to the court, on the instruction of Attorney General and Commissioner for Justice Musa Abdullahi Lawan, urging the court to terminate the First Information Report (FIR) earlier presented to the court by Police when the Defendant was first arraigned on 16th July, 2021 and . The Appellant's counsel in contending that there was no fiat of the Attorney General of the Federation before the information was filed by virtue of Section 65(3) of BOFIA LFN, 2004 submitted that the crux of this appeal is the alleged collection of N180,750,000.00 (One hundred and eighty million, seven hundred and fifty thousand naira) and . The National Pension Commission, PenCom, has asked the Attorney General of the Federation for a fiat to institute criminal proceedings against employers who default in remitting pension . 2 | Attorney General of Rivers State vs. Federal Inland Revenue Service: A Review of the Pros and Cons of this Landmark VAT Decision www.templars-law.com 2. (1981). However, on October 25, 2017, the Katsina State Attorney-General, Ahmed El-Marzuqat, notified the court that the state government was taking over the prosecution of the accused persons from the ICPC (Independent Corrupt Practices and Other Related Offences Commission) following a fiat from the office of the AGF to take over the prosecution of . It is the job of the Attorney-General to advice the Government on the constitutionality of policies and actions taken or embarked upon by the Government. In Criminal Law parlance, fiat can therefore mean an authority, endorsement, approval or consent of the Attorney-General given to a private person (who is neither a police officer nor special prosecutor) to initiate and undertake criminal proceedings on behalf of the Attorney-General. The federal government has opposed a fiat used by the Attorney General of Sokoto State to take over a corruption trial of Mohammed Bello, a serving commissioner in the state. With a fragile democracy whose institutional framework is weak . The office of the Attorney General is a creation of law and therefore a legal person in the eyes of […] 139 Order 47 of 1951. In a Counter-Affidavit sworn to by an Inspector-General of Police, Mr. Paul Okafor, it was deposed that the police did not need the fiat of the Attorney-General of the Federation to prosecute the offences under Miscellaneous Offences Act by virtue of Section 23 of Police Act (Cap. Nigeria's Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, is currently sponsoring a bill before the National Assembly to take over prosecuting and investigative powers of all the law enforcement agencies in the country. Expressing disappointment at the seeming lame duck posturing of the Nigerian Bar Association, NBA, Falana, who is on record to have handled many of cases of human rights abuses, said the NBA had a history of . ATTORNEY-GENERAL OF ONDO STATE v. ATTORNEY-GENERAL OF THE FEDERATION & ORS In The Supreme Court of Nigeria On Friday, the 7th day of June, 2002 SC.200/2001 RATIO INTERPRETATION OF STATUTE: THE ESSENCE OF THE ICPC ACT The ICPC Acts is an enactment for the peace, order and good government of the Federal Republic of Nigeria. Lagos State Government, acting through its Attorney General, joined issues with the Plaintiffs and sought an order of the Court invalidating the applicability of sections 1, 2, 4, 5 and 12 of the VAT Act (which impose tax on the supply of all taxable goods and services in Nigeria) to hotels, restaurants and event centres, which are domiciled . the power to institute criminal proceedings, to take over criminal proceedings instituted by any other person under his fiat, and to discontinue criminal proceedings at any stage before judgment is … The Attorney-General said that the guidelines demands that applicant's for Fiat to prosecute a criminal case (s) must be a legal practitioner called to bar in Nigeria and in active legal practice for at least three years post-call. Duru, Onyekachi, The Powers and Duties of the Attorney-General under Nigerian Law (September 30, 2012). 0 Likes, 0 Comments - Mo Lawani (@zelafrica) on Instagram: "Attorney General of the Federation and Minister of Justice, Abubakar Malami SAN, has said that…" So if any country needs to print money, the said country will deposit gold in the World bank, and world bank will print the currency of that country according to the value of gold that country deposited. Amadi for the Rivers State Attorney General, the state alleged that after collecting the said sum as advanced payment between 2011-2018, the defendants have not kept their obligation under the contract. Whether it is within the contemplation of Section 84 of the Sheriffs and Civil Process Act that every garnishee proceeding against the Central bank of Nigeria must obtain the consent or fiat of the Attorney-General of the Federation. Criminal proceedings can be instituted in courts vested with criminal jurisdiction by persons or authorities competent to do so. Freedom of movement is a fundamental right guaranteed by Section 41 of the Constitution. 13. CONSEQUENT UPON the need to develop and ensure speedy criminal trials in the Court of law in Ondo State, Nigeria AND PURSUANT TO THE POWERS OF THE ATTORNEY GENERAL OF ONDO STATE under section 211 of the Constitution of Federal Republic of Nigeria 1999 (as amended) to institute, undertake, take over, continue and discontinue criminal proceedings against any person before any Court of law in . On 16 December 2021, Advocate General Priit Pikamäe urged the European Court of Justice to annul the General Court's controversial judgment finding that Luxembourg granted Fiat Chrysler an unfair tax advantage. Nigeria's Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, is currently sponsoring a bill before the National Assembly to take over prosecuting and investigative . Actually there is no fiat currency vault in the world bank, but gold vault. A group, Equity And Justice In Politics And Governance Movement said it suspects the power play in the party resulted n the invasion. CONSEQUENT UPON the need to develop and ensure speedy criminal trials in the Court of law in Ondo State, Nigeria, AND PURSUANT TO THE POWERS OF THE ATTORNEY GENERAL OF ONDO STATE under section 211 of the Constitution of Federal Republic of Nigeria 1999 (as amended) to institute, undertake, take over, continue and discontinue criminal proceedings against any person before any Court of law in . 8. A REVIEW OF NNAKWE V STATE (2013) 18 NWLR PART 1385 It is now settled that the State is the person wronged when a crime is committed. In brief. The application for the fiat of the Attorney-General to authorize the payment of the judgment debt was granted by Mr, Adoke SAN while Dr. Okonjo-Iweala authorised the payment of the judgment sum. It is the process whereby a judgment or order of court is… Mr Ekpenyong argued that since INEC is a federal commission established by an act of the National Assembly, the prosecution lawyer should have obtained a fiat from the attorney general of the . 141 L.N . 13. The fiat, a power of attorney was withdrawn from the Lagos lawyer by the office of the Attorney General of the federation (AGF) and Minister of Justice , Mohammed Bello Adoke, SAN last week. "Obtaining such a fiat from the Attorney-General is a condition precedent which must be complied with before the respondent commenced his proceedings and the failure of the respondent to obtain the necessary fiat from the Attorney-General robs the court of the jurisdiction to entertain the action and renders the whole proceedings a nullity . It is his job to give or proffer justification for the actions, policies and laws of the Government. If this is the case then it raises a fundamental question of whether previous convictions.have any validity in law. “Since EFCC is a Federal Prosecuting Agency under the office of the AGF, this case is not one that the Attorney General of Sokoto State is empowered to prosecute by virtue of the fiat. These guidelines shall take effect from 1st of January, 2021. 13 and the private legal practitioner must obtain the Attorney General's fiat before he or she can prosecute on behalf of the state. On the basis of the decisions above, the Nigerian citizen is unable to enforce a money judgment obtained against the Government of the Federation or a State, and its agencies without the consent, approval, or fiat of the Attorney General (of either the State or the Federation, as the case may be). Barely a week after a controversial ruling by Justice Idrissa Kolo of the Federal High Court sitting in Sokoto which authorised the Attorney General, AG, Opinion - Corruption has been seen as a single most devastated menace and threat to the socio-political stability of this nation. This guideline shall take effect from 1st of January, 2021 137 T Elias, 'The Office and Duties of the Federal Attorney General in Nigeria' (1972) The Nigerian Law Journal 149, 149. See also, the case, of Attorney-General of the Federation v Attorney-General Abia State & others (2002) 6 NWLR (Part 764) 542. SaharaReporters gathered that the move by Malami is to stall the prosecution of high-profile corruption and criminal cases in order to protect his allies from facing justice. Whether an accused person may object to the Counsel representing the complainant in a criminal matter on the ground that . Rivers sues Saipem spa, Saipem Contracting firm and others. 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