The Nigeria Governors’ Dialogue board (NGF) on Monday stated the Honourable Attorney-Long-established of the Federation (HAGF), Abubakar Malami, used to be working in opposition to the general public’s curiosity by insisting on the price of $418 million to inside most consultants from the accounts of express governments.
The consultants are claiming a share of Paris Membership refunds as price of companies they stated they rendered to the states and native authorities.
The Federal Authorities had obvious to pay the consultants from express accounts nonetheless a Federal Excessive Court docket on Friday restrained it from making such deductions unless all considerations concerning to that topic were fully obvious.
In an announcement signed by the spokesman of the Administrative center of the Attorney-Long-established of the Federation, Umar Gwandu, on Friday, the AGF suggested the states and native governments had acted in depraved religion for taking the case to court docket.
READ ALSO: No Violation In Route of To Deduct $418m From States’ Anecdote – AGF
The deductions were ratified by a number of court docket judgements, the AGF stated, and the Federal Authorities handiest needed to step in to steer definite of forfeiting any of its assets, since it used to be also a defendant within the court docket cases in opposition to the states.
Nevertheless on Monday, the NGF, in an announcement signed by its spokesperson Abdulrazaque Bello-Barkindo, stated the AGF’s actions “raises questions of propriety and the spirit of justice.”
“The HAGF is imagined to be the manager arbiter in all matters pertaining to Nigerians, especially the abominable hundreds of this nation. It is incumbent upon him to, no longer simply make certain that justice is completed, nonetheless that justice is viewed to had been performed,” the assertion stated.
“The undue haste, with which the assertion used to be issued even sooner than the service on the AGF of the court docket processes and the expose dated 5th November, 2021restraining the Federal Authorities, looks to counsel that there is a special relationship between the Administrative center of the HAGF and the consultants over and above Nigerian citizens, whose curiosity the HAGF as the Chief Guidelines Officer of the Federation is statutorily certain to continually protect. The assertion also means that the restraining expose issued final Friday no longer handiest unsettled preconceived plans and angered the unnamed ‘authorities officers’ referred to by the media aide.
“The media aide to the HAGF justifies the deductions on the premise that they are made pursuant to four court docket judgments; two of that are consent judgments and/or that the NGF/States and LGAs consented, expressed no objection to the payments and had already paid section of the cash owed to the stated contractors and consultants. The assertion by the media aide to the HAGF nonetheless conveniently and deliberately failed to name the judgments below reference and whether or no longer they’re on enchantment or challenged in any other system. He also failed to specify which of the four judgments approved payments and in what share to each of the contractors.
“Whereas it is very easy to argue as the AGF does, that the NGF and ALGON took no early steps to enchantment as they need to possess performed, it is a long way a necessity to uncover the Nigerian public that Order governors possess since appealed and are moving the judgments in varied courts. Apparently the AGF has been served all these processes, on the different hand, this used to be no longer noted and price used to be approved to be made and has been processed with remarkable escape no longer usual within the general public service. It is going to be acknowledged that between the NGF and AGF, the latter is in additional vantage constitutional field and has a correct accountability and burden to defend public curiosity. The AGF need to possess resulting from this truth initiated appeals in opposition to the stated judgments once his attention used to be drawn to them, because public curiosity used to be at stake bright huge sums of money intended for the provision of public companies. It is going to be noted that the express governments were no longer parties to any of the stated judgments. It needs to be further acknowledged that the Administrative center of the AGF failed to professionally defend the conditions resulting in those judgments and the courts commented on that unprofessional attitude.
“Whereas we’re constrained no longer to commentary on a self-discipline which is sub-judice, we possess a accountability to the general public to acknowledge in some ingredient to the assertion issued by the Administrative center of the AGF in expose to build the records straight. Any discerning correct mind would gain no stutter in concluding that the so-called judgments below reference are dripping with too many irregularities bordering on competence and shortage of jurisdiction that are the bases why some of them are being challenged on enchantment and in other courts. No diligent public officer would act on such judgments by recommending price.”
The NGF also noted that the AGF had urged payments to a pair contractors allegedly in step with judgments that did “no longer originate any financial award or on claims that were struck out.
“The AGF would possibly perhaps also need to blow their own horns to Nigerians why these explicit judgment cash owed are given irregular attention and precedence and processed with supersonic escape over and above all others; some of which preceded these so-called judgments and had been pending for settlement by the AGF for a number of years.
“Whereas it is a long way handy to direct that section of these judgment cash owed had been paid with the unencumber of USD$86,546,526.65 and N19,439,225,871.11 in 2016 and $100m in 2018 to the contractors with the concurrence of the NGF; that does no longer detract from the reality that they were payments wrongly made which ought no longer to had been made although they were merchandise of consent Judgments. States can quiet budge after the contractors to enhance the funds wrongly made. It is going to gain 22 situation the HAGF that ALGON disowned the contracts claimed by RIOK and the identical used to be duly communicated to him inquiring for him to forestall the usage of LG funds to ‘determine dubious and unlawful claims’
“Used to be the AGF no longer enthusiastic that a number of contractors are laying claim to correct costs for the identical Paris Membership Refund? Used to be it lost on the AGF on the detailed route of on hand below the regulation how correct costs would possibly perhaps also simply be claimed in deserving conditions?
“Thought to be one of many engrossing payments made is that of USD$47,831,920 million to Alarm Alert Security Systems Ltd/George Uboh for allegedly reviewing a 16-online page judgment for the then factional NGF. Can the Administrative center of the HAGF show any consent judgment awarding that sum to PANIC Alert? Did the NGF’s letter of 20th January, 2020 relied upon by the HAGF ever suggest the price of any sum?
“LINAS and NED Nwoko in this plot are strolling away with US$68,658,193.83 express funds allegedly for correct consultancy companies. Is the AGF no longer mindful that the work supposed to had been performed by him used to be already contained in a FAAC Reconciliation Committee File constituted in 2005 submitted in 2007 with tricks on how states and LGAs needs to be refunded the over costs from the Paris Membership Refunds.
“Dr. Ted Iseghohi-Edwards has been paid the sum of USD$159m in promissory notes, yet he had his topic in Drag well with No FCT/HC/CV/1353/18 struck out on November 10th, 2020. Furthermore, the true basis for his claim is rooted in SUIT NO FHC/ABJ/CS/130/13: LINAS INTERNATIONAL LTD & 235 ORS V FGN which clearly acknowledged that he can no longer profit below the judgment because he used to be no longer a celebration within the case and would possibly perhaps no longer put in power the terms of the judgment. Contrary to the representation of the AGF, the EFCC’s document on TED used to be unfavorable. The document no longer handiest urged his arrest nonetheless a forfeiture of any of his assets associated with the Paris Membership Refund. The AGF no longer noted these ideas.
“RIOK to whom the AGF supports and recommends the price of USD$142,028,941.95 used to be also excluded by Justice Ademola within the Judgment within the LINAS case. This used to be confirmed by the Court docket of Charm in Charm No CA/558/2017. That is the enchantment now sooner than the Supreme Court docket (SC). Which Judgment then is the premise of the AGF recommendation that RIOK be paid the sum of $142,028,941.95. There shall be no proof of execution of any contract by RIOK. Curiously, the Department of Order Security (DSS) is supposed to possess confirmed 50% execution. The Court docket and EFCC acknowledged clearly that it is now not the accountability of the DSS to envision the execution of contracts as they originate no longer possess the skills. ALGON disowned the contracts. Why will the AGF negate on them? It’s no longer correct that the EFCC in its document urged price to the contractors. It did no longer.
“Within the case of payments urged and paid to Prince Orji Nwafor Orizu US$1,219,440.45, and Olaitan Bello – US$215,195.36, it stays a thriller. These two lawyers are supposed to possess performed correct companies for RIOK and its associated corporations and no longer for the states or LGAs. Why they’re paid from Order resources is handiest imagined.
“The AGF also claims he intervened to pay the contractors to steer definite of execution of the judgments in opposition to the federal authorities resources. That is fully no longer correct at all. Property of the FGN were no longer at any time threatened. The NGF is no longer mindful that there’s any existing mandamus issued by any court docket in favour of the contractors in opposition to the Federal Authorities. The handiest application for mandamus by PANIC Alert is pending for hearing on the Federal Excessive Court docket and parties possess since joined considerations.
“The AGF also says that the NGF and LGAs perceive to transfer their liability to the FGN. That is no longer correct. There’ll not be this form of thing as a liability to transfer within the first field and none exists; neither has the NGF equipped any endeavor or indemnity to the FGN to behave on its behalf as represented by the AGF.
“The AGF has repeatedly acknowledged that this administration is an avid respecter of the guideline of regulation. That is one case whereby this commitment needs to be fully and utterly demonstrated. Let the AGF remain neutral and protect scarce public resources. Let him recommendation the contractors to lend a hand unless all appeals and litigations in court docket are concluded. That is the true test of observing the guideline of regulation. There’ll not be this form of thing as a other system, miserable as that would possibly appear. Order resources wanted for serious pattern need to never below any guise be frittered away as payments for contracts whose veracity and authenticity is quiet a self-discipline of litigation and disputation. These contractors are impecunious and would possibly perhaps no longer restitute the states/LGAs if the appeals or other litigation are obvious in opposition to them.
“We call on the usual public to be alert and vigilant. The debt reduction granted Nigeria by the Paris Membership in 2005 used to be intended to enable her possess a respite and exercise the resources saved for meaningful pattern. It used to be no longer for distribution to inside most folk to fund their luxurious lives; neither can Nigeria clarify her borrowing funds in every single place the field to fund capital projects and switch round to disburse express resources to folk in a system that offends all public sensibilities.
“We escape all those appointed as gatekeepers to our approved guidelines to make certain that the approved guidelines of our land are respected and stable. Let professionalism, practical warning and due diligence prevail on this topic, please.”
