For sometime now, Nigeria’s Attorney General, Abubakar Malami, has been deflecting the many allegations of graft levelled against him by a phalanx of whistle blowers and a section of the media. He has threatened and even instituted court actions against his accusers. But these have not stop the charges rolling. On July 27, three civil society organisations – Civil Society Network Against Corruption (CSNAC), Say No Campaign and the Coalition Against Corrupt Leaders (CACOL), joined the fray by compiling a list of 14 allegations against the number one chief law officer and arrowhead for President Muhammadu Buhari’s anti-corruption war.
They then forwarded the list to the President, through his Chief of Staff, Ibrahim Gambari, urging in the minimum, the suspension of Malami from his post for serving as an alleged obstacle to President Buhari’s war effort against graft. Buhari has since received the complaints of not only the civil society groups, our sources say, but the numerous chatter against Malami’s alleged offences. The President, it was gathered, is reluctant in applying the same standard he used for Ibrahim Magu. Magu is the suspended chairman of the Economic and Financial Crimes Commission (EFCC).
It was a complaint from the Attorney General, that led to his ordeal. “Your Excellency, we write this petition to bring to your attention allegations of corruption and abuse of office against the current Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami.(SAN), ” the civil society groups said in the petition signed by their leaders, Olanrewaju Suraju of CISLAC, Ezenwa Nwagwu of Say No Campaign and Debo Adeniran of CACOL.
The anti-corruption organisations said the allegations against President Muhammmadu Buhari’s Attorney General was a slap in the face of the administration foremost goal of ridding the Nation of corruption.
They list the allegations against Malami to include:
1. Illegal auctioning of sea vessels holding crude oil seized by the Federal Government, violating Section 31(2) and (4) of the EFCC Act 2004 and assuming the role conferred on the Economic and Financial Crimes Commission as reported by The Cable Newspaper on the 13th July, 2020. The AGF also authorized the sale of these vessels by companies under EFCC prosecution for similar offence of illegal bunkering and this action was admitted by the AGF through his Media Assistance pleading presumption of innocence on the part of the accused, in the case being prosecuted by the Federal Government through EFCC.
2. Ordering the stop of investigation of a multi-billion Naira fraud in Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NISRAL), by a letter ordering the Economic and Financial Crimes Commission, the Independent Corrupt Practices and other related offences Commission, the State Security Service and the Nigeria Financial Intelligence Unit to all stop investigating the financial misappropriation in NIRSAL; allegedly describing the investigations as an “unhealthy competition” and “sheer waste of government resources”. As reported by Sahara Reporters on the 21st June, 2020
3. Alleged duplicity of payment of $16.9 million fees to two friends as new lawyers for the recovery of the loot traced to a former Nigerian Head of State, Sanni Abacha, after a Swiss lawyer hired and fully paid by the previous government, Enrico Monfrini, to help in the recovery had completed his brief as reported by Premium Times on the 10th April, 2018.
4. Withdrawal of the case against the current Chairman of Code of Conduct Tribunal (CCT) Mr. Danladi Yakubu Umar for criminal charges of fraud in the course of discharging his duties and struck out by Justice Yusuf Halilu of the Federal Capital Territory High Court, Abuja after it was withdrawn by the EFCC. As reported by Barrister NG on the 7th February, 2019.
5. Alleged seeking the withdrawal of the cases against Bello Adoke, Diezani AlisonMadueke and others involved in the Malabu scandal through his letter to your Excellency on the ground of lack of significant evidence to prove allegations of sharp practices against prominent players in OPL 245 oil. As reported by Premium Times on the 18th February, 2018. Nigeria has recovered the some of $78million from this recovery and some of the individuals were convicted in Italy while others and the companies are being prosecuted in Milan, Nigeria and already indicted in the Netherlands
6. Barring the prosecution of the former Comptroller General of Customs, Mohammed Inde Dikko, as a result of the non-prosecution agreement reached between the Attorney General of the Federation and the DirectorGeneral of the Department of State Services (DSS) on one side and the Comptroller General of Customs to refund $8 milion to the Federal Government. Justice Dimgba refused to allow further prosecution of this matter under the guise that Mr. Dikko had kept his promise under the agreement by refunding N1,576,000,000 and more to the federal government through the EFCC funds recovery account in the Central Bank of Nigeria (CBN) . Meanwhile, the federal government through the Minister of Information in 2018 released a statement accusing Mr. Dikko of stealing over N40 billion
7. Alleged reinstatement of Abdulrasheed Maina, former chairman of the Pension Reform Task Team (PRTT) into the Federal Civil Service Commission without due process, after being dismissed in 2013 and declared wanted by EFCC for corruption, reported by Daily Trust News of April 3rd 2018
8. Mr. Abubakar Malami filed for the discontinuation of a 25billion Naira criminal charge against Senator Danjuma Goje without any justification, after over 7 years of diligent investigation and diligent prosecution by the EFCC.
9. In June 2020, Mr. Malami allegedly withdrew criminal charges against killer soldiers who allegedly killed civilians and police officers in a bid to aid the escape of Wadume, a notoriously dreaded kidnapper and an armed robber, from the arrest of those police officers.
10. Ownership of the underlisted properties which are considered to be beyond his legitimate earnings:
I. A multimillion Naira sprawling building Rayhaan Hotels estimated to worth about N500million Naira, located at opposite Aminu Kano Teaching Hospital, Zaria Road, Kano State.
II. Another property worth about N600million Naira locate at Ahmadu Bello Way, Nasarawa GRA, Kano.
III. A newly constructed school at the back of Nitel at Gesse Phase 1, Birni Kebbi worth about N700million.
IV. A multi million Naira property built by Mr. Malami for his son locate at Gesse Phase II in Birni Kabbi worth over N400 million.
V. A mansion known as Azbir Arena allegedly built by Mr. Malami for his second son. Azbir Arena an entertainment centre is said to worth over N3 Billion, with a big plaza and kids playing centre and hotel all combined in one expansive property.
VI. Mr. Malami used the official letterhead of the office of Attorney General and Minister of Justice to communicate his son’s wedding arrangement to guests like a state sponsored event.
VII. He aided his son at his wedding party reception to deface the Naira and other currencies to the embarrassment of the country and in violation of section 21(1) and (3) of the Central Bank Act, 2007, which provides:
“(1) A person who tempered with a coins or notes issued by the Bank is guilty of an offence and shall on conviction be liable to imprisonment for a term not less than six month or to a fine not less than N50,000 or both such fine and imprisonment
(3) For the avoidance of the doubt, spraying of, dancing or matching on the Naira or any note issued by the Bank during social occasions or otherwise howsoever shall constitute an abuse and defacing of the Naira or such note and shall be punishable under Sub-section (1) of this section.”
11. On 18th November, 2018, Mr Malami, through a lawyer from his office, Mr Pius Akuta, came to Lagos High Court to withdraw a case of fraud filed by EFCC against one Dr. John Abebe, a businessman and younger brother to late Stella Obasanjo but the EFCC resisted the illegal move before justice Dada of the Lagos High Court on the ground that the AGF has no constitutional power to take over a case filed in Lagos High Court.
12. Mr. Malami allowed the breach of Covid-19 protocol and regulations at his son’s wedding thereby putting the lives of Nigerians at risk. Please note that in Ghana recently, a minister resigned from his position because he breached the country’s Covid-19 protocols.
13. At ICPC, Mr Malami also displayed his unpretentious hatred for the fight against corruption by writing a letter dated 16th December, 2016 withdrawing the case of fraud filed against Mr. Godsday Orubebe, the former Minister of Niger Delta, in a case involving over N1.97billion, on the ground that in his opinion, there was no basis for filing the charge against him .
14. The AGF it was who advised the president to approve the nomination and appointments of over 30 Judges of the FCT High Court, when only about 10 were qualified for such appointments, thanks to the Civil Society groups and other stakeholders who pointed out the anomaly, and to the NJC especially, for saving the situation. Malami has denied the allegations levelled against him, just like the suspended Magu who said his charges were a witch-hunt. But can Buhari apply the Magu standard on his Attorney General? Many people think it is not likely. But the civil society groups feel very strongly that the allegations against Malami are deserving of thorough, immediate and urgent investigation through an independent panel of inquiry and the Attorney General suspended from office pending the conclusion of the investigation.
