A Federal High Court in Lagos has nullified all sales and disposals of assets made by the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), under the Asset Tracing, Recovery and Management Regulations 2019.
Justice Ambrose Lewis-Allagoa held that the Asset Tracing, Recovery and Management Regulations 2019 were ‘ultra vires the office and powers’ of the AGF and “an invalid statutory instrument.”
The judge passed the verdict while delivering judgement in a suit marked FHC/L/CS/40/2021 filed by the Incorporated Trustees of HEDA Resource Centre against the AGF.
“I am entirely in agreement with the submission of counsels to the plaintiff that the Asset Tracing, Recovery and Management Regulations, 2019 are contrary to the statutory provisions of the Economic and Financial Crimes Commission EFCC Act, Trafficking in Persons Cohabitation Enforcement and Administration Act, NDLEA Act and Immigration Act.
“A careful perusal of the above statutory provisions will show the provisions for the Attorney-General of the Federation to make regulations for the agencies for disposal of assets under the various enactments listed above.
“The above statutory enactments are therefore the enabling source of the Attorney-General of the Federation to the regulations.
“Consequently, the administrative powers to be exercised by the Honourable Attorney-General of the Federation must flow from the enabling statutes.
“It is pertinent to state that the powers of the Attorney-General of the Federation do not override the provisions of the enabling statutes stabilising the powers of the law enforcement agencies and anti-corruption agencies and consequently, the powers referred to in the commencement clause of the regulations merely are to be exercised in accordance with the Acts not to usurp the mandatory powers vested in the law enforcement agencies and the anti-corruption agencies.
“I am therefore in agreement with counsel for the plaintiff that the executive orders or any other forms of definition can be issued pursuant to Section 315 of the Constitution. However, they are limited to enactments predating the 1999 Constitution.
“The Acts under consideration in this instant suit were enacted after the 1999 Constitution and do not fall within the ambit of Section 315 of the 1999 Constitution.
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“In all and for the reasons herein before given in this judgement, the questions put for determination in the originating summons are answered in favour of the plaintiff and all the reliefs sought are granted as prayed. This is the judgment of the court read in the open court,” Justice Allagoa further held.
The AGF had on November 9, 2020, inaugurated the Inter-Ministerial Committee on the disposal of assets forfeited to the Federal Government.
He said his action was sequel to President Muhammadu Buhari’s directive in October 2018 following recommendations of the Presidential Audit Committee on Recovery and Management of Stolen Assets and a need for efficient management of the assets.
Not satisfied with the AGF’s action, HEDA, through its lawyer, Omotayo Olatubosun, filed a lawsuit to challenge AGF’s power to set up the committee.
In the suit, HEDA argued that the Regulations conflicted with the EFCC Act, Trafficking in Persons (Prohibition) Enforcement and Administrative Act, 2015, National Drug Law Enforcement Agency (NDLEA) Act, 2004 and Independent Corrupt Practices Commission Act (ICPC), 2000, among others, on the matter of disposal of final forfeited assets.
The plaintiff sought nine reliefs, including the nullification of all disposals of assets by the AGF’s Committee.
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