The Human and Environmental Development Agenda (HEDA) has asked Abubakar Malami, minister of justice, to obey a court order which nullified the Asset Tracing and Management Regulations.
Malami had signed a new policy titled “Asset Tracing, Recovery and Management Regulations, 2019”, which empowers the federal government to determine procedures that anti-corruption agencies must adopt to manage recovered assets.
The new regulation which took effect on November 1, 2019, also empowers the federal government to receive from states or local governments 30 percent of the proceeds of recovered assets belonging to either of the two parties.
Olanrewaju Suraju, HEDA chairman, in a statement on behalf of the group on Sunday, said the provisions of the regulations will affect the operations of anti-corruption agencies.
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“The rule undermines optimum performance of key anti-corruption institutions, the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC),” HEDA said.
The group said the regulation has since been nullified by a federal high court.
“In my view, these provisions are clear as to the powers of the applicant, the EFCC to commence this action. Consequently, I consider and hold that paragraph 5 of the assets tracing and management regulations 2019 are good for being inconsistent with Section 17(1) of the advance fee fraud and other fraud related offences,” the statement read, quoting the verdict of the judge.
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HEDA said there are already existing laws enacted by the national assembly for “the smooth operation of the law enforcement agencies (LEA) and anti-corruption agencies (ACA) and that the regulation put in place by the Ministry of Justice creates duplicity of functions and portends a great danger to the independence of the anti-corruption commissions.”
“We hold the stance with respect to the Asset Tracing, Recovery and Management Regulations 2019 that it is overbearing and outreaching and will most certainly result in clashes between the office of the Attorney General of the Federation and the powers reposed in the LEAs and the ACAs,” Suraju said,
The group also noted that LEAs and ACAs have existing laws that control interim and final forfeiture and custody of forfeited properties.
“The enabling statutes of the LEAs and ACAs vests in them the powers to carry out their activities and these enabling statutes are made by the national assembly vested with sole powers to make laws according to Section 4 of the 1999 constitution of the federal republic of Nigeria (as amended) and Section 1 of the constitution declares the supremacy of the constitution,” HEDA said.
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The group explained that the provisions of sections five to 12 of the Assets Tracing, Recovery and Management Regulations, 2019 “completely and outrightly transfers the powers vested in the LEAs and ACAs to the Attorney General of the Federation”, which it described as unconstitutional.
“The regulations are ultra vires and a complete derailing from the powers vested in the office of the attorney-general of the federation as in Section 174 of the 1999 constitution of the federal republic of Nigeria (as amended),” the group added.
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