The court annuls the committee on sales and disposal of recovered assets of AGF Malami

The Federal High Court of Lagos has annulled the Asset Tracking, Recovery and Management Regulations as “an invalid legal instrument”. The court also annulled all sales and disposals of assets made by Abubakar Malami, the Attorney General of the Federation (AGF), under the Asset Tracing, Recovery and Management Regulations 2019. Mr. Malami signed Regulations in 2019 that authorize the federal government to determine the procedures anti-corruption agencies must adopt to manage recovered assets. But the judge, Ambrose Lewis-Allagoa, said the Regulations were beyond the AGF’s powers. The judge issued the order Monday in a lawsuit filed by the HEDA Resource Center against the AGF. On November 9, 2020, Mr. Malami, who is also Minister of Justice, inaugurated the Interministerial Committee on the Disposal of Forfeited Assets to the Federal Government. According to the minister, the move was in accordance with the president’s directive in October 2018 following the recommendations of the Presidential Audit Committee on Recovery and Management of Stolen Assets and the need for efficient asset management. But HEDA, through its lawyer, Omotayo Olatubosun, challenged the AGF’s power to form the committee. It argued that the Regulations were in conflict with the Economic and Financial Crimes Commission (EFCC) Act, the Trafficking in Persons (Prohibition) Administrative and Enforcement Act 2015, the National Drug Enforcement Agency Act ( NDLEA) of 2004 and the Law of the Independent Commission of Corrupt Practices (CIPC), 2000, among others, in terms of alienation of definitely forfeited assets. The plaintiff requested nine remedies, including annulment of all asset disposals by the AGF Committee. failure In its ruling, the court dismissed AGF’s preliminary objection raised by its attorney, Tolu Mokunolu, and awarded all HEDA awards as set out in the motion document. “I fully agree with counsel’s submission to the plaintiff that the Asset Tracking, Recovery and Management Regulations 2019 are contrary to the statutory provisions of the Economic and Financial Crimes Commission Act EFCC, Administration and Enforcement of Cohabitation Against Trafficking in Persons, NDLEA Act, and Immigration Act,” the judge said. “A careful reading of the previous statutory provisions will show the provisions for the Attorney General of the Federation to establish the regulations for the agencies for the alienation of assets under the various laws listed above. “The aforementioned statutory acts are, therefore, the enabling source of the Federal Attorney General’s Office for regulation. “Consequently, the administrative powers to be exercised by the Honorable Attorney General of the Federation must emanate from the enabling statutes.” The judge said the AGF’s powers do not override the provisions of the enabling statutes that stabilize the powers of law enforcement and anti-corruption agencies. ALSO READ: AGF initiates investigation into complaint of fraudulent sale of assets recovered from FG It pointed out that the powers referred to in the regulation’s initiation clause will be exercised in accordance with the Laws, without usurping the mandatory powers conferred on the agencies in charge of enforcing the law and anti-corruption. “Therefore, I agree with plaintiff’s counsel that executive orders or any other form of definition may be issued pursuant to the 315th session of the Constitution; however, they are limited to enactments prior to the 1999 Constitution. “The Acts under consideration in this immediate lawsuit were enacted after the 1999 Constitution and do not fall within the scope of the 315th session of the 1999 Constitution. “In everything and for the reasons set forth in this ruling, the questions submitted for determination at the original location are answered in favor of the plaintiff, and all the measures requested are granted in the manner requested. This is the sentence of the court read in public hearing” The plaintiff’s relief awarded by the judge includes a statement that under the ICPC Act, the Asset Tracking, Recovery and Management Regulations 2019 “is an invalid legal instrument, as the former has not conferred on it any power that the former has vested in it. Defendant arrogated himself in the Subsequent Regulations; “An Order nullifying the Asset Tracking, Recovery and Management Regulations, 2019 as an invalid statutory instrument exceeding the provisions of the Independent Corrupt Practices Commission Act, 2000; “An Order nullifying all sales and dispositions of assets made by Defendant pursuant to said Asset Tracing, Recovery and Management Regulations, the same being 2019 ultra vires Defendant’s office and powers.” Read More Related News Here Let here it in the comment below if you do have an opinion on this; The court annuls the committee on sales and disposal of recovered assets of AGF Malami