Human rights lawyer, Kabir Akingbolu has said the Attorney-General of the Federation (AGF), Abubakar Malami risks five-year jail term for “illegitimately” approving the auctioning of sea vessels containing crude oil and diesel impounded by the federal government.
It was reported that Malami gave approval for the sale of the impounded oil assets valued at millions of naira. Also, he was said to have ordered Omoh-Jay Nigeria Ltd, an oil firm, to sell the crude oil and diesel in four sea vessels irrespective of the fact that the firm is being tried for allegedly stealing around 12,000 metric tonnes of crude oil in 2009.
Malami in his defence said he committed no crime in approving the auction.
He said by virtue of Section 36 (5) of the 1999 Constitution of the Federal Republic of Nigeria, Omoh-Jay Nigeria Ltd which happens to be a duly registered company can partake of the auction bidding process because it is has not been found guilty of the allegations for which it is standing trial.
However, in a recent statement, Akingbolu said Malami acted above his powers when he independently issued approval for auctioning without EFCC authorising the auction.
Akingbolu said section 31 (4) of the EFCC Act empowers the AGF to only make rules for the disposal of seized assets to make sure that the power of sale is not abused by the EFCC.
He said: “To further expose the anomalies and administrative recklessness of Malami, may I invite him on a short excursion into section 31 (2) and (4) of the Economic Financial Crimes Commission (Establishment) Act, Laws of the Federation of Nigeria, 2004, which is the enabling Act, under which he purportedly acted.
“It is submitted that the AGF does not have such power either under section 174 of the Constitution of the Federal Republic of Nigeria or under the Economic and Financial Crimes Commission (Establishment) Act, Laws of the Federation of Nigeria 2004.
“For the purpose of elucidation and contrary to the highly misguided position of the AGF, section 31 (2) of the EFCC Act states that upon receipt of a final order pursuant to this section, the secretary to the commission shall take steps to dispose of the property concerned by sale or otherwise and where the property is sold, the proceeds thereof shall be paid into the consolidated revenue fund of the federation.
“In order to ensure that the power of sale of confiscated properties is not abused by the EFCC, the AGF is authorized by section 31 (4) of the EFCC Act to ‘make rules or regulations for the disposal or sale of any property or assets forfeited pursuant to this Act.’ But instead of making the ‘rules or regulations’ to guide the EFCC in the sale of confiscated properties, the AGF decided to appoint contractors including a criminal suspect to dispose of confiscated properties.”
He added that the AGF ought to have tried to prove the guilt of the accused (Omoh-Jay Nigeria Ltd) but he is acting “as the mouthpiece of the suspect by singing the mantra of presumption of innocence for an accused.”
Akingbolu disclosed that since the AGF has admitted that he authorised the sale of the impounded properties without EFCC’s authorisation, he has “committed an offence under section 32 (1) of the EFCC Act” and is “liable on conviction to imprisonment for a term of five years without the option of a fine.”
