Our Reporter

In April 6, the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), denied any wrondoing on the judgment debt.

The minister’s office said: “The attention of the Office of the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, has been drawn to some reports alleging “pushing for payment of”’ contradictory and incongruous figures regarding judgment debt and Paris Club refund.

“The crux and truth of the matter is that Malami, Hon Minister of finance, Chief of Staff to the President Prof. Ibrahim Gambari and indeed, the Government of President Muhammadu Buhari have been applying extra-ordinary due diligence to avoid whatever was suspected to be suspicious liability whose antecedents were rooted in past administration…

“To set the record straight and to clear the mischievous insinuations and misconceptions intended to be the aftermath of the report, the record needs to be set straight and, in an attempt, to do so, we respond as follows:

“In view of the enormous volume of the judgment sum and dwindling resources coupled with the policy imbibed by the Office of the Honourable Attorney-General of the Federation and Minister of Justice to save the Government of the Federation of frivolous liabilities the Office of the Attorney General of the Federation and Minister of Justice embarked on extra-ordinary due diligence including directing for investigation of the matter by law enforcement and security agencies with a view to assess the veracity of the claim in view of the lessons learnt from the fraudulent P&ID case.

“The genesis of said judgment debts was based on the fact that some affected Local Governments and ALGON instituted action against Federal Government of Nigeria in suit no: FHC/ABJ/CS/130/13 – LINAS International LTD & 235 ORS V. Federal Government of Nigeria & 3 ORS to recover the sum of $3,188,079,505.96.

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“Judgment was delivered in favour of the plaintiffs on 3rd December, 2013 (that is years before President Muhammadu Buhari came to office and long before Malami was made a Minister).

“Consequently, upon a Garnishee Order Absolute was granted in 2016 directing the Central Bank of Nigeria (CBN) as Garnishee to pay $3,188,079,505.96 to the Local Government.  The Garnishee Order was granted by H.B Yusuf (Hon, Justice).

“In fact even when it became inevitable that the payment had to be effected with the consent of Governors forum and ALGON the office of the Attorney-General of the federation had to extract undertaking and indemnity from Nigeria Governors’ Forum (NGF) and the Association of Local Governments of Nigeria (ALGON) in 2019.

“The fact is very clear that In consideration of the financial status and the volume of the transaction, due diligence relating to contractual undertones and the judgment were carried out by the Office of the AGF in order to guard the government coffers from being robbed by some unscrupulous agents like the case of P&ID.

“The Office of the Honourable Attorney General of the Federation and Minister of Justice took steps to be double sure that about the engagements. The Office wrote letters to the Economic and Fiancial Crimes Commission, the Department of State Service and the Association of Local Government of Nigeria (ALGON) to furnish the HAGF with facts that will guide the legal opinions to be proffered by the HAGF.

”On 29th day of August, 2018, the Office of the Attorney General of the Federation and Minister of Justice through the then Director of Civil Ligitation, E.O. Omonowa, ESQ wrote a letter (MJ/CIV/ABJ/440/16) to the Chairman, Board of Trustees of the ALGON seeking among other things:

1. a) Evidence of the resolution by ALGON to engage Ted Edwards. Edwards Partners to recover funds related to the refund of Paris and London debt over-deductions.
2. b) Evidence of any amount so recovered by Ted Edwards/Edwards and Partners
3. c) Evidence of the authorization by the various Local Government Councils consenting to the payment of professional or legal fee to Ted Edwards/Edwards and Partners from their portion of refund of Paris and London debt over deductions,
4. d) Confirmation of the engagement of Redemption Chambers (E.A Egbebu &Co) to file an action challenging the judgment obtained by Ted Edwards/Edwards & Partners against ALGON.
5. e) Evidence of the resolution by ALGON to award contract to Riok Nigeria Ltd for the construction of boreholes across the 774 LGAs.
6. f) Evidence of the execution or performance of the said contract by Riok Nigeria Ltd.
7. g) Evidence of the authorization by the various Local Government Councils to the payment of the contract sum due to Riok Nigeria Ltd from their portion of refund of Paris and London over-deductions.

Contrary to the claim  that a letter from ALGON dated 10th September, 2018 denied involvement of Ted Edwards/Edwards and Partners for the said project, seven years before the so-called letter  ALGON resolved to and did engage the parties for the project.

“In a letter titled “Extract of Resolution of the meeting of the Board on 29/09/2011” Paragraph of 1  of the letter  indicated “That Edwards and Partners Law Firms should be appointed as Solicitors and Legal Representatives for the Board of Incorporated Trustees of the Association of Local Government of Nigeria (ALGON).

“The Office of the Honourable Attorney General of the Federation and Minister of Justice wrote letters to Law Enforcement and Security Agencies including the Economic and Financial Crimes Commissions (EFCC) to conduct independent investigations on the issue

“By deliberate design to misrepresent the public, they refused to draw the attention of the public that the EFCC and other security agencies had at the request of the office of the Attorney – General investigated this matter and I provided investigation report on the matter, inclusive of an interim report, a work in progress report and a final report.

“A point of interest In the final report of the EFCC maintained that “the respective judgments obtained by Riok Nig. Ltd and Edwards & Partners affirming their entitlements to payments were confirmed by the records obtained from the respective FCT High Courts”

“Findings of the investigation of the Law Enforcement and Security Agency also revealed that there exist a valid consultancy and legal service agreement between TED EDWARDS and PARTNERS and Incorporated Trustees of ALGON for the recovery of Local Government’s share of London Debt Buy Back and Exist from the Federal Government of Nigeria consolidated revenue fund.

“The report concluded that so far, facts of the case as revealed in the course of investigation do not indicate any act(s) of criminality on part of the parties in the transaction, please”

Above information were contained in the submission to the OHAGF dated 13th June, 2017.

“It is imperative to further note that at the further request of the office of the Attorney General to  security and law enforcement agencies, all out of desire to cover the field and have thorough investigation of the issue the agency wrote to the HAGF and concluded thus:

“With regards to the level of completion of the contract awarded to RIOK NIG LTD and its physical existence, verification exercise conducted through the 774 Local Government Areas in Nigeria confirmed the existence of the projects. However, while some have been completed, others are at various stage of completion, The various stages established are as follows:

Completed  182

Functional         91

Abandoned        33

Ongoing   205

Non Identified   107

Those geographically surveyed     178

The report concluded thus:

“In view of the forgoing, it is humbly recommended that the Honourable Attorney General of the Federation and Minister of Justice may wish to direct the Federal Ministry of Finance and CBN Governor to pay the contractor to enable him complete the project for the benefit of this people”.

“ The office of the OHAGF has arising  from a clear historical antecedent of the role it has played in the case of P&ID, remained steadfast in the sustenance of the public interest which in effect is saving the Federal Government from frivolous financial liabilities.

“ That extra-ordinary due diligence was carried out by the OHAGF on the payment of Supreme Court Judgment in contention with particular regards to the efforts put in place to unravel the veracity of the claim and whether in fact any fraudulent undertone could be discovered.

“The reports and due diligence of the Law Enforcement and Security agencies provided on this matter speaks for itself..”.

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