Connect with us

Uncategorized

Court nullifies Malami’s committee on sale of recovered assets

Published

on

advert banner

Court nullifies Malami

The Asset Tracing, Recovery and Management Regulations, 2019 has been nullified by a Federal High Court sitting in Lagos for being “an invalid statutory instrument”.

 

All sales and disposals of assets made by the Attorney-General of the Federation (AGF) Abubakar Malami, SAN under the Asset Tracing, Recovery and Management Regulations, 2019 were nullified by the court which held that the Asset Tracing, Recovery and Management Regulations, 2019 were “ultra vires the office and powers” of the AGF.

 

Justice Ambrose Lewis-Allagoa gave the ruling following a lawsuit filed by the Human and Environmental Development Agenda (HEDA) against the AGF.

 

HEDA, through its counsel, Omotayo Olatubosun, challenged the AGF’s power to set up the committee.

 

It argued that the regulations conflicted with the Economic and Financial Crimes Commission (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.

 

Ruling on the case, Justice Allagoa dismissed the AGF’s preliminary objection argued by Tolu Mokunolu, his counsel. The AGF had argued that the committee was set-up in accordance with the president’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.

 

The judge also granted all of HEDA’s reliefs as prayed on the motion paper. Delivering judgement on the case, Justice Allagoa said; 

 

 “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 session 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 session 315 of the 1999 Constitution.

“In all and for the reasons hereinbefore 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”

 

The Plaintiff’s reliefs granted by the judge include a declaration that by the ICPC Act, the Asset Tracing, Recovery and Management Regulations, 2019 “is an invalid statutory instrument the former having conferred no power arrogated by the Defendant to himself in the latter Regulations; An Order nullifying the Asset Tracing, Recovery and Management Regulations, 2019 as an invalid statutory instrument same being in excess of the provisions of the Independent Corrupt Practices Commission Act, 2000.”

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published.

Uncategorized

Homeless man allegedly kidnaps prostitute, and rapes her for five days in abandoned building

Published

on

Homeless man allegedly kidnaps prostitute, and rapes her for five days in abandoned building

Homeless man allegedly kidnaps prostitute, and rapes her for five days in abandoned building

A homeless high-level registered male sex offender in New York City who was released from state prison as recently as 2020 has been arrested after state prosecutors say he kidnapped a prostitute and raped her repeatedly while holding her hostage for five days in an abandoned building. 

Timothy Harnett, a 44-year-old homeless man who goes by the nickname “Lawless,” was indicted by New York prosecutors for allegedly kidnapping a 28-year-old woman and raping her several times a day between April 29 and May 2 in an abandoned three-story building, Bronx District Attorney Darcel Clark announced. 

“The defendant allegedly held a 28-year-old woman captive for days, raping and beating her with a tire iron. The victim managed to escape with the help of a passerby,” Clark said in a statement. “The defendant has been indicted on multiple charges for terrorizing this woman.”

Prosecutors say the man offered the woman money in exchange for sex and the two went upstairs in the building that had been damaged by a fire.

But when the victim turned her back, the homeless man allegedly hit her on the leg with a tire iron, causing her to fall to the floor. Harnett allegedly continued to beat her with the tire iron and punched her, leaving her with a fractured wrist and dislocated knee. 

While holding the prostitute captive and allegedly raping her several times a day, Harnett is accused of also threatening the woman’s family if she tried to escape.

But she escaped on May 2 when the man left the building to go to a nearby laundromat. 

Prosecutors say the woman used the tire iron to break a window and used the shards of glass to cut through the rope used to tie her feet. 

The victim then waved down a passerby, who dialed 911 and flagged down a New York Police Department patrol car. The woman was taken to the hospital to be treated for her injuries. 

A grand jury was convened Monday, May 23 and police arrested Harnett in a different abandoned building in Harlem. According to the New York DailyNews, Harnett preyed on the victim’s vulnerability, as the woman used money from prostitution to fuel her drug addiction.  

 

The newspaper also revealed that Harnett is a level 3 registered sex offender, which is the highest level in New York state. He has been convicted of sodomy by a Bronx jury and sentenced to 18 years in state prison in the past.

 He also threatened a 15-year-old girl with a razor on May 14, 1999, forcing her into a hotel and holding her captive for several hours while he sexually assaulted her. 

Records show he was released from prison in December 2020 and finished parole in September 2021. 

On Monday, he was indicted on three counts of first-degree kidnapping, second-degree kidnapping, first-degree rape, third-degree rape, four counts of first-degree criminal sexual act, four counts of third-degree criminal sexual act, first-degree sexual abuse, attempted sex trafficking, attempted sexual assault in the first degree, and second-degree assault before Bronx Supreme Court Justice Raymond Bruce. 

Continue Reading

Uncategorized

Police arrest two suspected robbers in Bayelsa, recover firearm

Published

on

Police arrest two suspected robbers in Bayelsa, recover firearm

Police arrest two suspected robbers in Bayelsa, recover firearm

Operatives of the Bayelsa State Police Command have arrested two suspected armed robbers and recovered a Barretta Pistol in their possession.

 

Spokesperson of the command, SP Asinim Butswat, in a statement on Tuesday, May 24, said the suspects were arrested inside a tricycle in Yenagoa. 

 

“The suspects; one Zion Kientei ‘m’ 28 years and one Solomon Deizigha ‘m’ 29 years were arrested inside a Tricycle with MOT Number 7501, during a Stop and Search Operations at the Isaac Boro Express Way, Yenagoa, at about 9:pm on 22 May, 2022,” the statement read. 

Investigation is ongoing and the suspects will be charged to court at the conclusion of the investigation, he added. 

Continue Reading

Uncategorized

Russia loses its highest-ranking pilot yet in Ukraine after he was blasted out of the skies by a stinger missile

Published

on

Russia loses its highest-ranking pilot yet in Ukraine after he was blasted out of the skies by a stinger missile

Russia loses its highest-ranking pilot yet in Ukraine after he was blasted out of the skies by a stinger missile

A Russian Air Force Major General has been killed by Ukrainian forces, making him the highest-ranking fighter pilot to die in the war in Ukraine. 

 

Maj. Gen. Kanamat Botashev, 63, became the 13th general to die in Ukraine when he was hit by a Stinger missile while flying over the Luhansk region on Sunday, sources told BBC Russia.

 

Botashev, 63, had been enjoying retirement when Russian tanks rolled across the border on February 24 and had not flown since 2012.

 

His Su-25 fighter jet was hit by a Stinger missile at around 8:25am on Sunday morning in the Donbas skies, and he was unable to eject.

Russia loses its highest-ranking pilot yet in Ukraine after he was blasted out of the skies by a stinger missile

 

The General Staff of the Armed Forces of Ukraine reported an Su-25 had been downed in Luhansk, and one of Botashev’s former colleagues confirmed his death to BBC Russian Service.

 

Botashev’s former colleague told the BBC that ‘he simply could not stay away’ when offered a chance to fly, but the loss of such a high-ranking, elderly general suggests the Russian air force does not have enough pilots capable of conducting sorties over Ukraine.  

 

The retiree is the 10th Russian general believed to have died already in Ukraine, while more than 40 colonels have been killed in bloody fighting. 

 

The Land Forces of Ukraine meanwhile declared in its latest count on Friday that 204 Russian planes have been destroyed over Ukrainian skies. 

 

News of Botashev’s death broke yesterday on several pro-war Telegram channels, but many of the posts were removed by administrators.

 

 One post reported the general’s death and described how his plane was first damaged by a missile, but was then blasted out of the sky by a Stinger.

 

‘Kanamat died today! Popasnaya district, 8:25… first the plane was hit (by a missile), secondly, bombs – Stinger, at the exit of the attack.

 

‘There was an explosion in the air and… That’s it.’

 

One user posted a tribute to the slain general in the Russian Telegram channel Fighterbomber but this was also removed. 

‘Farewell, commander… There are few people on this planet who lived in the sky as much as you do. The sky takes the best, today it took you,’ the post read, according to the BBC.

 

Born in 1959 in Karachay-Cherkessia, Botashev graduated from the Yeysk Higher Military Aviation Institute and quickly established himself as an excellent pilot, qualifying as a fighter-bomber and rising rapidly through the ranks.

 

Botashev commanded a regiment of the Guards Air Base in Voronezh, a Russian city located roughly 300 miles south of Moscow. 

Continue Reading

Trending