The Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami, SAN, yesterday said he acted in compliance with the extant laws including the provisions of the
Establishment Act 2004 in setting up the recently inaugurated Inter-Ministerial Asset Disposal Committee.
Malami argued that Section 31(1-4) and Sections 43 of the EFFC establishment Act 2004 not only justified his action but also clear doubts on "the misconceived and shallow legal analysis in the public space on the legality or otherwise of the committee".
The
He insisted that in issuing
For the avoidance of doubt Section 43 of the EFFC Act provides thus:
"The Attorney-General of the Federation may make rules or regulations with respect to the exercise of any of the duties, functions or powers of the commission under this Act."
The minister, who noted that it is elementary law that the process of asset forfeiture and disposal constitutes part and parcel of criminal prosecution, stated that it is trite law that all prosecuting agencies derive their powers to prosecute from that of the constitutional and statutory powers of the Attorney General of the Federation.
"The powers of the EFCC is constitutionally subject to the overriding powers of the Attorney-General of the Federation.
"It is important to note that asset forfeiture and disposal is a continuation of criminal proceedings and in furtherance of the powers conferred on the Hon. Attorney General of the Federation under Section 150(1) of the 1999
"The Hon. Attorney General of the Federation is therefore on firm legal grounds to regulate the process of asset forfeiture and disposal from the EFCC or any other agency", the statement read in part, adding that Ministries or Departments of Justice worldwide exercises similar powers of asset recovery, forfeiture, management and disposal.
The statement further cited plethora of judicial decisions to the effect that the powers of the
"Whilst the
"It is, therefore, standing logic on its head for anyone to suggest that a man who is empowered to initiate, takeover and discontinue any criminal proceeding instituted by any person or authority, make rules for the disposal of forfeited assets and the general operations of the EFCC, and a custodian of public interest, interest of justice and power to prevent abuse of legal process among others has no power to manage or deal with the outcomes of such proceedings (even when conducted by EFCC) either by way of forfeiture or disposal.
"The settled position of the law remains that a power or duty conferred by the
"Thus, the powers of the Attorney-General of the Federation in criminal matters generally under the
"The powers of the Hon. Attorney General of the Federation in the conduct of criminal matters by law enforcement agencies are further emphasized by the following provisions of Section 29(1),105(1-3), 106, 107 & 108 of the
"The Inter-Agency Committee has, therefore, been constituted in recognition of the relevance and statutory mandates of the listed MDAs and also against the background of the need to provide synergy and coordination amongst all relevant MDAs in the pursuit of the common agenda of the government.
"While the committee will not be tied down by these needless distractions, it remains open to positive suggestions," the statement added.
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