The Attorney General and Minister for Justice, Abubakar Malami
(SAN), has announced plans to create a central body that will
coordinate all criminal prosecutions in the country.
Malami revealed the sweeping institutional and policy reforms
yesterday in Abuja while presenting the ministry’s report for
2016-2017 legal year.
This is coming at a time that the frosty relationship between
the minister and the EFCC has burst into the open lately.
The new body will comprise a Coordinating Centre for all federal
government criminal justice agencies as well as an investigation
unit.The reforms will be inaugurated in October, he said.
The minister said the coordinating centre has become “eminently
necessary” because of lack of effective cooperation and
collaboration among the criminal justice and security agencies in
Nigeria.
It is intended to achieve effective coordination of all criminal
justice agencies in the country to enable proactive case management
and effective prosecutions, he said.
This will enable his office to have first-hand information of
the status of all criminal investigations/trials in the country
and:
*Promote and enhance quick and easy coordination of all federal
criminal cases within the Federal Republic of Nigeria.
*To enable the Office of the HAGF to checkmate abuse and or
proliferation of criminal cases in Nigeria.
*To facilitate centralization and easy access to information for
a robust and effective criminal justice system in Nigeria.
Malami also said the establishment of the investigation unit is
to address the failure of legal expertise in the conduct and
process of investigations by the various security agencies.
*To address such anomalies that leads to consistent rejection of
vital/relevant evidence in the course of prosecution and
*The witling down of the probative value of such evidence owing
to inappropriate investigation.
The unit, he said, shall coordinate and form part of every
investigation in Nigeria for a robust investigation and successful
prosecution of such cases.
The core function/mandate of the Investigation Unit shall
consist of the following:
*To advise every security agency carrying out investigation on
the best lawful and admissible means of such investigation for
effective prosecution thereafter.
*To actively form part of every sensitive and important
investigation, as a synergy to successful investigation and
prosecution of such cases.
*To ensure that every evidence obtained maintain the nature,
value and form admissible in law court.
*To ensure that every investigation is comprehensibly and
conclusively conducted.
There have been reports of failure of anti-corruption agencies
to send update of ‘serious or complex’ cases before them to the
minister’s office, which was said to have prevented him from giving
necessary legal advice.
The agencies that will come under the supervision of the
coordinating centre according to the minister’s spokesman, Salihu
Othman Isah, in recent statement, include Department of State
Services (DSS); Nigeria Police Force (NPF); the Independent Corrupt
Practices Commission (ICPC); the Economic and Financial Crimes
Commission (EFCC); the National Agency for the Prevention of
Trafficking in Persons (NAPTIP); the National Drugs Law Enforcement
Agency (NDLEA); the Directorate Military Investigation (DMI); and
the National Intelligence Agency (NIA) and the Code of Conduct
Bureau (CCB); Lawyers have described the minister’s action as
constitutional. A senior constitutional lawyer, who pleaded
anonymity, said by the constitutional provision, all the criminal
justice agencies are supposed to report directly to the AGF
“So the AGF is very correct, his office wields such powers,” he
said.
Lawyers react
Reacting, Gordy Uche (SAN) said AGF is in order in setting up
the coordinating centre, adding that constitutionally, the AGF has
the powers to investigate and prosecute and has merely delegated
the functions to the other agencies.
“They ought to act in obedience to his orders and directives
with regards to prosecutions. What happens in Nigeria is because
the heads of these agencies are just appointed by the presidency,
so somewhat they see themselves as rivals the AGF,” he said.
“Ordinarily there should not be an issue. They should
constitutionally report to him. Even if they institute any criminal
proceeding, he can by nolle prosequi discontinue it without
reference to them or anybody.
“So it is even in their own interest that they work in sync with
the AGF to achieve a better resulted,” he added.
Malami’s caustic remarks
The minister in a statement last week Wednesday accused the EFCC
and its Acting Chairman, Ibrahim Magu, of frustrating the
anti-graft war. Malami said Magu and the EFCC leadership had
“manipulated and misused intelligence to the detriment of the fight
against corruption and financial crimes in Nigeria.”
He also accused them of working to prevent the lifting of
Nigeria’s suspension by the Egmont Group of Financial Intelligence
Units (Egmont Group) and ensure the country’s formal expulsion.
The statement, issued by his spokesman, Salihu Othman Isah,
reads: “The EFCC is now in a state of paranoia, as it dreads the
effort of the government to have an independent NFIU, which it has
stood against stoically since 2006.
“As it presently stands, the NFIU staff are all deployed by the
EFCC to serve in the interest of whoever is its current Chairman.
This has to stop if it must conform to the new thinking and global
best practice. Nigeria cannot be an island of its own. It cannot
fight corruption in isolation.
“The threat of expulsion from the Egmont Group calls for a
thorough review of the NFIU and the manner in which the EFCC
leadership has manipulated and misused intelligence to the
detriment of the fight against corruption and financial crime in
Nigeria.
“To achieve the desired goal, NFIU needs to stand alone as an
agency with full complements of power to recruit its staff and an
annual budgetary allocation guaranteed for its operations.
“Its independence must be ascertained in the new law to set up
Nigerian Financial Intelligence Agency (NFIA) to enable it carry
out its mandate, which shall include responsibilities for
receiving, requesting, analysing and disseminating financial
intelligence reports on money laundering, terrorist financing and
other relevant information to law enforcement, security and
intelligence agencies, and other relevant authorities.”
The Attorney General and Minister for Justice, Abubakar Malami
(SAN), has announced plans to create a central body that will
coordinate all criminal prosecutions in the country.
Malami revealed the sweeping institutional and policy reforms
yesterday in Abuja while presenting the ministry’s report for
2016-2017 legal year.
This is coming at a time that the frosty relationship between
the minister and the EFCC has burst into the open lately.
The new body will comprise a Coordinating Centre for all federal
government criminal justice agencies as well as an investigation
unit.The reforms will be inaugurated in October, he said.
The minister said the coordinating centre has become “eminently
necessary” because of lack of effective cooperation and
collaboration among the criminal justice and security agencies in
Nigeria.
It is intended to achieve effective coordination of all criminal
justice agencies in the country to enable proactive case management
and effective prosecutions, he said.
This will enable his office to have first-hand information of
the status of all criminal investigations/trials in the country
and:
*Promote and enhance quick and easy coordination of all federal
criminal cases within the Federal Republic of Nigeria.
*To enable the Office of the HAGF to checkmate abuse and or
proliferation of criminal cases in Nigeria.
*To facilitate centralization and easy access to information for
a robust and effective criminal justice system in Nigeria.
Malami also said the establishment of the investigation unit is
to address the failure of legal expertise in the conduct and
process of investigations by the various security agencies.
*To address such anomalies that leads to consistent rejection of
vital/relevant evidence in the course of prosecution and
*The witling down of the probative value of such evidence owing
to inappropriate investigation.
The unit, he said, shall coordinate and form part of every
investigation in Nigeria for a robust investigation and successful
prosecution of such cases.
The core function/mandate of the Investigation Unit shall
consist of the following:
*To advise every security agency carrying out investigation on
the best lawful and admissible means of such investigation for
effective prosecution thereafter.
*To actively form part of every sensitive and important
investigation, as a synergy to successful investigation and
prosecution of such cases.
*To ensure that every evidence obtained maintain the nature,
value and form admissible in law court.
*To ensure that every investigation is comprehensibly and
conclusively conducted.
There have been reports of failure of anti-corruption agencies
to send update of ‘serious or complex’ cases before them to the
minister’s office, which was said to have prevented him from giving
necessary legal advice.
The agencies that will come under the supervision of the
coordinating centre according to the minister’s spokesman, Salihu
Othman Isah, in recent statement, include Department of State
Services (DSS); Nigeria Police Force (NPF); the Independent Corrupt
Practices Commission (ICPC); the Economic and Financial Crimes
Commission (EFCC); the National Agency for the Prevention of
Trafficking in Persons (NAPTIP); the National Drugs Law Enforcement
Agency (NDLEA); the Directorate Military Investigation (DMI); and
the National Intelligence Agency (NIA) and the Code of Conduct
Bureau (CCB); Lawyers have described the minister’s action as
constitutional. A senior constitutional lawyer, who pleaded
anonymity, said by the constitutional provision, all the criminal
justice agencies are supposed to report directly to the AGF
“So the AGF is very correct, his office wields such powers,” he
said.
Lawyers react
Reacting, Gordy Uche (SAN) said AGF is in order in setting up
the coordinating centre, adding that constitutionally, the AGF has
the powers to investigate and prosecute and has merely delegated
the functions to the other agencies.
“They ought to act in obedience to his orders and directives
with regards to prosecutions. What happens in Nigeria is because
the heads of these agencies are just appointed by the presidency,
so somewhat they see themselves as rivals the AGF,” he said.
“Ordinarily there should not be an issue. They should
constitutionally report to him. Even if they institute any criminal
proceeding, he can by nolle prosequi discontinue it without
reference to them or anybody.
“So it is even in their own interest that they work in sync with
the AGF to achieve a better resulted,” he added.
Malami’s caustic remarks
The minister in a statement last week Wednesday accused the EFCC
and its Acting Chairman, Ibrahim Magu, of frustrating the
anti-graft war. Malami said Magu and the EFCC leadership had
“manipulated and misused intelligence to the detriment of the fight
against corruption and financial crimes in Nigeria.”
He also accused them of working to prevent the lifting of
Nigeria’s suspension by the Egmont Group of Financial Intelligence
Units (Egmont Group) and ensure the country’s formal expulsion.
The statement, issued by his spokesman, Salihu Othman Isah,
reads: “The EFCC is now in a state of paranoia, as it dreads the
effort of the government to have an independent NFIU, which it has
stood against stoically since 2006.
“As it presently stands, the NFIU staff are all deployed by the
EFCC to serve in the interest of whoever is its current Chairman.
This has to stop if it must conform to the new thinking and global
best practice. Nigeria cannot be an island of its own. It cannot
fight corruption in isolation.
“The threat of expulsion from the Egmont Group calls for a
thorough review of the NFIU and the manner in which the EFCC
leadership has manipulated and misused intelligence to the
detriment of the fight against corruption and financial crime in
Nigeria.
“To achieve the desired goal, NFIU needs to stand alone as an
agency with full complements of power to recruit its staff and an
annual budgetary allocation guaranteed for its operations.
“Its independence must be ascertained in the new law to set up
Nigerian Financial Intelligence Agency (NFIA) to enable it carry
out its mandate, which shall include responsibilities for
receiving, requesting, analysing and disseminating financial
intelligence reports on money laundering, terrorist financing and
other relevant information to law enforcement, security and
intelligence agencies, and other relevant authorities.”
Read more https://nairalaw.com/agf-sets-up-centre-for-criminal-prosecutions/