Crime& Punishment
Rafsanjani: Legal Framework to Prevent Treasury Looters Going Scot-free Should be Institutionalised
Funke Olaode in Washington DC
The executive director of the Civil Society Legislative Advocacy Centre (CISLAC), Auwal Musa Rafsanjani, has called on Nigeria’s legislators and judiciary to develop a legal framework to prevent treasury looters from going scot-free.
According to him, the government agreeing to plea bargain is like a slap on the wrist, often resulting in impunity.
The CISLAC boss made this statement in an exclusive interview with ThisDay on the sidelines of the just-concluded Spring Meetings of the International Monetary Fund and the World Bank in Washington, D.C.
According to the activist, he was concerned that Nigerian treasury looters in billions often walk away as if nothing happened, and most cases are swept under the carpet after the initial noise.
“It is disheartening simply because these monies that have found their way into private pockets, if not stolen, could help fund infrastructure and other basic social amenities,” said Rafsanjani. Impunity continues because none of the big actors have been jailed, and those who managed to go to jail still get a rousing welcome, while the main actors are ‘free’ men because they are in power and can’t arrest themselves.”
Rafsanjani suggested that all hope is not lost, as the legislators and judiciary can rise to the occasion by maintaining their integrity through fair justice, ensuring that offenders must not go unpunished. The legislators should institutionalise a legal framework to strengthen existing ones, stating, “Looters shall not go unpunished.”
While treasury looters are handed capital punishment in some countries, the activist said it was not the solution in Nigeria.
“Looting can be prevented from happening by blocking all the loopholes and leakages and voting people of integrity in charge of governance,” noted Rafsanjani.
He added, “Awareness is key. We must educate the masses to always demand accountability from their representatives and vote out non-performing representatives.”
Former AGF’s Son Accuses Church of Illegal Occupation, Serves Quit Notice
Wale Igbintade
A Lagos-based lawyer, Chief Michael Agbamuche, has accused Our Saviour Anglican Church, Surulere, of violating the land-grabbing laws of Lagos state by occupying his bequeathed property illegally without offering any consideration for it.
Michael, who is the son of a former Attorney General of the Federation, Michael Ashikodi Agbamuche (SAN), is asking the church for compensation at its current market value/price before trying to acquire it as church premises, warning that ‘it is unwise to remain in the property without title as it may be caught up by statute of limitations’.
The lawyer, who has already served an eviction notice to the officiating priest, Rev Abiodun Oderinde, in line with the Lagos State public notice of January 29, 2024, regarding the illegal conversion of residential areas to business and worship centres, warned that their continuous stay in 77 Adebola Street, Surulere would be at their own risk.
In a letter dated February 1, 2024, he requested the church provide the names and addresses of their solicitor to whom court processes would be served. However, this request was ignored.
Prior to this, the lawyer, in a letter dated September 22, 2023, to the Primate and Metropolitan of the Church in Abuja, Bishop Henry Ndukuba, explained that the church was illegally occupying his late mother’s property without any consideration and documentation and that the Lagos Diocese has failed every form of conciliation move to legalise its stay in the property.
He said, “I am forced to bring this matter to your attention, having exhausted all efforts using conciliation to persuade my lord, the Bishop of Lagos mainland, to intervene and resolve the issues without rancour or litigation.
“Regrettably, I not only failed to persuade him, but he proceeded to block my line and make himself incommunicado, which meant that I had no choice but to reach out to you as his supreme head rather than turning to the police or litigation.
“I refer to the police because there is a taint of near criminality and evidence of misfeasance, culpable negligence and incompetence on the part of the lawyers retained by the diocese at all material times underlying the circumstances surrounding this property owned by my late mother in her lifetime.”
He added, “My late mother, after 30 years of service for the Lagos state government from the 1950s when she returned from her studies abroad, joined the Lagos medical services in the 1960s and was opportune to take advantage of the relative ease of acquiring property in Nigeria, especially in Lagos, those happy days.
“She, therefore, secured the mortgage that enabled her to acquire the property known as 77 Adebola Street, Surulere, using only her income as a civil servant, and after years of such service, she fully paid off the mortgage and decided to retire and return to her hometown in Akwa Ibom state.”
According to Agbamuche, she decided to put the property up for sale, found an estate surveyor to market it, and set a reasonable price consistent with its value at the prevailing market rate.
Agbamuche said despite drawing the attention of the Bishop of Lagos Mainland, Akinpelu Johnson, to these facts, he has refused to do anything about it and rather than cause an inquiry to be made as to why the church will acquire property and not pay, he has rebuffed him.
He maintained that no conveyance or deed of assignment was prepared and executed, nor was any such document sent to the land registry for perfection to legalise the transfer of title, while the church has been there for 10 years now.
The lawyer noted that since his mother has passed on, it is no longer possible to execute any such document. He added that Bishop Johnson was made aware of the facts in various chats, messages, and meetings with church officials in 2022, but they showed no desire to take any positive steps.
He noted that the church made fundamental alterations to the building soon after his mother left Lagos without consent.
Insisting that there was no record of sale from his late mother to the church, he reiterated that there was no consideration for the property.
He stated that he had challenged the church to produce any record or receipt from his mother evidencing payment, but to date, there has been no response to that request.
Responding to the letter, the church’s general secretary said, “Please report this at the Bishop’s office in Lagos.”
Also, the registrar of the Lagos mainland diocese sent a WhatsApp message to the lawyer saying, “I have read all your correspondences, and they are all appreciated. You see, as long as you continue to erroneously hold the position you are holding, it is a challenge to engage with you. That property was purchased by God, and I will subtly refer you to Numbers 23, verse 19.
“We are an orthodox church that is well-rooted in doctrines and faith in our God. Don’t wish that away. On the other hand, our Bishop is not a roadside mechanic. He is, and rightly too, a very humble servant of the Most High and deserves every respect. God bless you, sir.”
Adeniran’s Death: Court Sets May 2 to Rule on Admissibility of Treasury Receipts for the Use of Agege Stadium
Funke Olaode
The Ikeja Division of the Lagos High Court sitting will, on May 2, rule on the admissibility of treasury receipts for the use of Agege Stadium, where Chrisland School student Whitney Adeniran died.
Justice Oyindamola Ogala fixed the date after listening to the arguments of counsel from both parties in an ongoing trial of Chrisland School staff and others over alleged negligence in the death of the student.
At the resumed proceeding, the prosecution witness, Mr. Yakubu Jubril, a social worker at the Ministry of Youth and Social Development, was cross-examined by the defence counsel, Olukayode Enitan (SAN), and sought to tender some documents claimed to be government treasury receipts.
He stated that the documents for payments for the use of Agege Stadium were dated November 7, 2018, January 8, 2020, September 26, 2016, and January 9, 2023.
The witness identified them as documents from the Lagos Youth Sport and Social Development Ministry.
The prosecution counsel, Dr Babajide Martins, objected to the witness not being the maker of the documents.
But Enitan argued they were treasury receipts for Chrisland School’s use of Agege Stadium. He said the documents were relevant because the Lagos government collected payments for the facility’s use.
Other defendants’ counsel aligned with Enitan’s submission. Mr Ajibola Ariba, counsel to the fifth defendant (Chrisland School), argued that the evidence must be relevant to the issue.
He said, “The officer of the Lagos State Government identified these documents.”
Earlier, the third defendant’s counsel had tendered the document containing the Sports Commission law to the court, which was admitted as evidence.
Enitan, therefore, showed the witness some receipts of payment for usage of Agege Stadium by Chrisland school that bore the header of Lagos State Ministry of Youth, Sports and Social Development, which the state treasury issued the witness confirmed.
However, the counsel to the second, fourth and fifth defendants, Richard Ahonaruogho (SAN), Ademola Animasaun and Ajibola Ariba, respectively, asked the court to admit the receipts as evidence on the grounds of relevance as the witness is a government worker and the treasury bills were issued by the state government.
Justice Ogala subsequently adjourned the matter to May 2, 2024, for continuation of trial.
Group Writes FAAN, Demands Full Compliance with Court Order on Revenue
Wale Igbintade
The Registered Trustees of the Centre for Law and Civil Culture have asked the Federal Airports Authority of Nigeria (FAAN) to fully comply with the judgment of the Lagos Division of the Federal High Court, which ordered it to disclose the revenue generated from toll gates and parking lot fees in all federal government-owned airports.
Justice Ibrahim Kala, who granted the order, also compelled the FAAN (the Respondent) to provide revenue details to a public interest applicant, The Registered Trustees of The Centre for Law & Civil Culture.
The judge gave the federal agency three months to comply with the order. However, while FAAN partly adhered to the order by disclosing the total sum generated from January 2015 to date, it failed to provide information on how much it remitted to the federal government from January 2015 to January 2024.
In a letter dated April 18, 2024, Abdulganeey Imran, the Executive Secretary of the Registered Trustees of the Centre for Law and Civil Culture, reminded FAAN of the need to comply with the court’s order fully.
The letter said, “We observed with great concern that you only complied with the first leg of the order of the Honourable Court by availing us with the evidence of the total sum so generated from January 2015 to date but flagrantly and deliberately disobeyed and/or disregarded the second leg of the order of the honourable court which further mandated your agency to provide “the evidence of yearly remittance of such sum so generated per year from January 2015 to January 2024 within a period of three (3) months from today” in the circumstance.”
It added, “We hereby demand full compliance with the Judgment of the Honourable Court delivered by Honourable Justice Ibrahim Ahmad Kala dated 23 February 2024 and request that you avail us with the evidence of remittance of such sum in conformity with the aforesaid judgment of the honourable court.”
In his judgment, Justice Kala held that the applicant satisfied all the conditions stipulated in section 20 of the FOI Act.
The judge ruled, ‘’It is hereby declared that the refusal and failure of the respondents to accede to the Applicant’s freedom of information requests dated 24/8/2021, 6/10/2021 and 22/4/2022 requesting to know the total annual generated revenue from the toll gates and parking lots in each of the federal government owned airports across the Federal Republic of Nigeria since 2015 to date is a gross violation of the Freedom of Information Act, 2011.
“An order of mandamus is, hereby, granted compelling the respondent to avail the applicant with the details of the statement of the accounts showing the total annual generated revenue from the toll gates and parking lots in each of the federal government-owned airports across the Federal Republic of Nigeria and evidence of yearly remittance of such sum so generated per year from January 2015 to January 2024 within a period of three months from today.”
Court Summons Controller of Correctional Service Alagbon over Convict’s Contempt of Court
Funke Olaode
Justice Akintunde Savage of the Lagos High Court has summoned the State Controller of the Nigerian Correctional Service (NCoS) Alagbon in Ikoyi to throw light on whether or not the contemnor, Chairman of Confidence Cargo, freight forwarder, Dada Aigbe, was in the facility.
The court also ordered the Deputy Sheriff of the high court, Micheal Alogaga, to appear before it on the same day to tell the court how he served the contemnor the court processes.
This judge’s order followed an application by Mr. Maruf Jimoh-Akogun, counsel to the judgment creditor in a case instituted by the HRM Oba Shakirudeen Adeshina Kuti for themselves and on behalf of the Ajamogun/Onikotun family of Ewu kingdom.
The claimant filed the suit against the Osolo of Osolo, HRM Oba Agbabiaka Kabir Orisedeko Elemo and the Baale Mafoluku Ajao Estate, Chief Hussam Raheem Shekoni Elemo, as the first and second defendants, respectively.
Counsel to the claimant, the judgment creditor in the suit marked no ID/3831LMW/2016, Mr Maruf Jimoh-Akogun, in his hearing notice dated April 22, had prayed the court to summon the Lagos Controller of Correctional Service and the Court Sherif to produce Aigbe (contemnor) or give evidence in court whether or not he was in prison.
On March 11, the judge ordered that Aigbe be imprisoned for one month.
The court order was a sequel to form 48 and 49 contempt proceedings filed against Aigbe.
However, to effect the court order, the deputy sheriff of the high court took a ‘Request for Police Assistance’ form dated March 18 to the police commissioner in Lagos, who received it on the same date.
Jimoh-Akogun argued that barely a month after the court ordered that Aigbe be remanded, he had not been taken to any correctional centre in the state. He said he was arrested and released the same day.
He prayed the court to invoke Section 116 of the Evidence Act.
According to him, Aigbe had yet to purge himself of flagrant disobedience to court order.
“I urge my lord to extend the ruling mandating Micheal Alogaga, a sheriff of this court and Lagos Controller of Correctional Centre, to come to this court on Thursday to give evidence whether Dada Aigbe is in prison or not,” Jimoh-Akogun said.
Counsel to the respondent judgment debtor, led by the former Lagos Attorney General, Mr Kazeem Adeniji (SAN), had prayed to the court to set aside an order of the court committing the Aigbe to prison for a month in a motion dated April 5, attached with the affidavit of extreme urgency.
After listening to their argument and submissions, the judge ordered the prison controller to appear before the court on April 25.
