• Home
  • Agric
  • Sci & Tech
  • Health
  • Environment
  • Hausa News
  • More
    • Business/Banking & Finance
    • POLITICS
    • Entertainments & Sports
    • International
    • Investigation
    • Law & Human Rights
    • Africa
    • ACCOUNTABILITY/CORRUPTION
    • Hassan Gimba
    • Column
    • Prof. Jibrin Ibrahim
    • Prof. M.K. Othman
    • Defense/Security
    • Education
    • Energy/Electricity
    • Entertainment/Arts & Sports
    • Society and Lifestyle
    • Food & Agriculture
    • Health & Healthy Living
    • International News
    • Interviews
    • Investigation/Fact-Check
    • LAW & HUMAN RIGHTS
    • Oil & Gas/Mineral Resources
    • PRESS FREEDOM/JOURNALISM/PR
    • General News
    • Presidency
  • About Us
    • Contact Us
    • Board Of Advisory
    • Privacy Policy
    • Ethics Policy
    • Teamwork And Collaboration Policy
    • Fact-Checking Policy
    • Advertising
  • Media OutReach Newswire
    • Wire News
  • The Stories
Facebook Twitter Instagram
Trending
  • Group demands probe into deaths of 37 miners in NSCDC custody
  • Cross River plans organised ranching to curb farmer-herder conflicts
  • Trump bars CNN, MS NOW, Politico from White House
  • FG trains 200 sheep, goat farmers in Kano
  • NiHSA issues high flood risk alert for 15 states
  • FABE Foundation pushes food waste sorting for cleaner communities
  • CBN, Finance Ministry formalise fiscal-monetary coordination to stabilise economy
  • SEE LIST: Names of NSCDC Officers suspended over Miners’ deaths
Facebook Twitter Instagram YouTube
AsheNewsAsheNews
  • Home
  • Agric

    Cross River plans organised ranching to curb farmer-herder conflicts

    September 19, 2026

    FG trains 200 sheep, goat farmers in Kano

    September 19, 2026

    ARCN hails new books on crop disease, pest control

    September 19, 2026

    NAR, Propcom+ partner to unlock agricultural investments

    September 19, 2026

    Oyo, ICMPD launch €2.4m project to empower 700 youths through agriculture

    September 19, 2026
  • Sci & Tech

    Nwifuru woos auto investors as NADDC centre opens in Ebonyi

    September 19, 2026

    King Charles warns of AI risks

    September 17, 2026

    Pope Leo XIV cautions against leaving human decisions to AI algorithms

    September 17, 2026

    Hackathons should lead to real solutions, not just prizes – Codefest co-founder

    September 17, 2026

    Experts call for stronger investment, skills and policies at TSSF 7.0

    September 17, 2026
  • Health

    NAFDAC confirms 48 dead, 182 critical from toxic drinks in Ondo

    September 19, 2026

    WHO advances talks on pathogen-sharing system for pandemics

    September 19, 2026

    Anambra moves to crack down on fake drugs, unsafe food

    September 19, 2026

    SUNU Health wins West Africa health insurance company of the year

    September 18, 2026

    Stakeholders urge faster reforms for domestic health financing

    September 18, 2026
  • Environment

    NiHSA issues high flood risk alert for 15 states

    September 19, 2026

    FABE Foundation pushes food waste sorting for cleaner communities

    September 19, 2026

    See names of people to head committee to investigate Niger’s Miners deaths

    September 19, 2026

    Anglican church urges unity, warns against divisive politics

    September 19, 2026

    Tinubu orders probe and prosecution over deaths of suspected miners in Niger

    September 18, 2026
  • Hausa News

    UNA signs MoU to launch air Bissau in Guinea-Bissau

    June 15, 2026

    Otti plans 250-room 5-star hotel in Umuahia

    April 11, 2026

    Anti-quackery task force seals 4 fake hospitals in Rivers

    August 29, 2025

    [BIDIYO] Yadda na lashe gasa ta duniya a fannin Ingilishi – Rukayya ‘yar shekara 17

    August 6, 2025

    A Saka Baki, A Sasanta Saɓani Tsakanin ‘Yanjarida Da Liman, Daga Muhammad Sajo

    May 21, 2025
  • More
    1. Business/Banking & Finance
    2. POLITICS
    3. Entertainments & Sports
    4. International
    5. Investigation
    6. Law & Human Rights
    7. Africa
    8. ACCOUNTABILITY/CORRUPTION
    9. Hassan Gimba
    10. Column
    11. Prof. Jibrin Ibrahim
    12. Prof. M.K. Othman
    13. Defense/Security
    14. Education
    15. Energy/Electricity
    16. Entertainment/Arts & Sports
    17. Society and Lifestyle
    18. Food & Agriculture
    19. Health & Healthy Living
    20. International News
    21. Interviews
    22. Investigation/Fact-Check
    23. LAW & HUMAN RIGHTS
    24. Oil & Gas/Mineral Resources
    25. PRESS FREEDOM/JOURNALISM/PR
    26. General News
    27. Presidency
    Featured
    Recent

    Group demands probe into deaths of 37 miners in NSCDC custody

    September 19, 2026

    Cross River plans organised ranching to curb farmer-herder conflicts

    September 19, 2026

    Trump bars CNN, MS NOW, Politico from White House

    September 19, 2026
  • About Us
    1. Contact Us
    2. Board Of Advisory
    3. Privacy Policy
    4. Ethics Policy
    5. Teamwork And Collaboration Policy
    6. Fact-Checking Policy
    7. Advertising
    Featured
    Recent

    Group demands probe into deaths of 37 miners in NSCDC custody

    September 19, 2026

    Cross River plans organised ranching to curb farmer-herder conflicts

    September 19, 2026

    Trump bars CNN, MS NOW, Politico from White House

    September 19, 2026
  • Media OutReach Newswire
    • Wire News
  • The Stories
AsheNewsAsheNews
Home»ACCOUNTABILITY/CORRUPTION»Assets Recovery Committee: AGF says guided by law
ACCOUNTABILITY/CORRUPTION

Assets Recovery Committee: AGF says guided by law

EditorBy EditorNovember 17, 2020No Comments6 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email

Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN acted in compliance with the extant laws including the provisions Economic and Financial Crimes Commission (EFCC)

Establishment Act 2004 in setting up the recently inaugurated Inter-Ministerial Asset Disposal Committee.

This is contained in a statement issued by Dr. Umar Jibrilu Gwandu, the Special Assistant on Media and Public Relations, Office of the Attorney General of the Federation and Minister of Justice which was made available to newsmen in Abuja on Tuesday 17th day of November, 2020.

According to the statement community reading of the provisions of Section 31(1-4) and Sections 43 of the EFCC establishment Act 2004 will not only justify the action of the Minister but also clear doubts on the misconceived and shallow legal analysis in the public space on the legality or otherwise of the committee.

The statement noted that lack of understanding of the law was imminent in the wrong impression being created which was fueled by the faulty assumption that only the EFCC is engaged in asset recovery and forfeiture proceedings. Hence the challenge to the setting-up and mandate of the Committee.

In issuing Regulations and Setting-up Committee for Asset Disposal, the Attorney-General of the Federation was guided, amongst other statutory provisions, by the wordings of Sections 31(4) & 43 of the EFCC Act which confers the Attorney-General of the Federation with the powers to make Rules or Regulations with respect to the exercise of any of the duties, functions or powers of the EFCC (inclusive of asset disposal).

For the avoidance of doubt Section 43 of the EFFC Act provides thus: “The Attorney-General of the Federation may make rules or regulations with respect to the exercise of any of the duties, functions or powers of the commission under this Act.”

It is elementary law that the process of asset forfeiture and disposal constitutes part and parcel of criminal prosecution. It is also trite law that all prosecuting agencies derive their powers to prosecute from that of the constitutional and statutory powers of the Attorney
General of the Federation.

The powers of the EFCC is constitutionally subject to the overriding powers of the Attorney-General of the
Federation

It is important to note that asset forfeiture and disposal is a continuation of criminal proceedings and in furtherance of the powers conferred on the Hon. Attorney General of the Federation under Section 150(1) of the 1999 Constitution (as amended) as the Chief Law Officer of the Federation, Section 174(1)(b) of the 1999 Constitution (as amended) grants him the exclusive power “to take over and continue any such criminal proceedings that may have been instituted by any other authority or person;”

The Hon. Attorney General of the Federation is therefore on firm legal grounds to regulate the process of asset forfeiture and disposal from the EFCC or any other agency. The Ministries or Departments of Justice worldwide exercises similar powers of asset recovery, forfeiture, management and disposal.

The preeminent constitutional position and scope of the powers of the Hon. Attorney General of the Federation have been laid out in a plethora of judicial decisions such as EZOMO V. A-G, BENDEL STATE (1986) LPELR-1215(SC) Per ANTHONY NNAEMEZIE ANIAGOLU ,J.S.C at (Pp. 18-19, para. E); Per ADOLPHUS GODWIN KARIBI-WHYTE ,J.S.C at (Pp. 38-39, paras. G-A); AMADI v. FRN (2008) LPELR-441(SC) Per ALOMA MARIAM MUKHTAR ,J.S.C at ( P. 17, paras. B-G ), etc.

Indeed in SHEMA & ORS v. FRN (2018) LPELR-43723(SC) MARY UKAEGO PETER-ODILI,J.S.C at (Pp. 66-74, paras. A-D) which held that the powers of the Attorney General pursuant to Section 211 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) are not subject to review by any Court of law and there is a surfeit of judicial authorities in that regard such as State v. Ilori (1983) 14 NSCC 69 at 75; George v. FRN (2011) 10 NWLR (Pt. 1254) 1 at 68. The reference to Section 211 above also applies in equal terms to Section 174.

Whilst the Constitution has provided some safety nets on the above incontestable position by providing that the Attorney General shall
have regard to public interest, the interest of justice and the need
to prevent abuse of legal process in exercising his powers, the foregoing still remains the Attorney General’s call to make. It is not in doubt that disposal of forfeited assets is in the best interest of the public and justice. The Attorney General has a total responsibility to control and manage the conduct of criminal prosecutions.

It is, therefore, standing logic on its head for anyone to suggest that a man who is empowered to initiate, takeover and discontinue any criminal proceeding instituted by any person or authority, make Rules for the disposal of forfeited assets and the general operations of the EFCC, and a custodian of public interest, interest of justice and power to prevent abuse of legal process among others  has no power to manage or deal with the outcomes of such proceedings (even when conducted by EFCC) either by way of forfeiture or disposal.

The settled position of the law remains that a power or duty conferred by the Constitution cannot be taken away by any other law as such will be declared null and void for inconsistency under Section 1(3) of the 1999 Constitution (as amended).

Thus, the powers of the Attorney-General of the Federation in criminal matters generally under the Constitution cannot be circumscribed or taken away by the provisions of Section 31(1-3) & 32(1) of the EFCC Act.

The powers of the Hon. Attorney General of the Federation in the conduct of criminal matters by law enforcement agencies are further emphasized by the following provisions of Section 29(1), 105(1-3), 106, 107 & 108 of the Administration of Criminal Justice Act (ACJA).

It is quite remarkable to note that Section 268(1) of the ACJA requires a public officer prosecuting in his official capacity in any criminal proceedings to prosecute subject to such direction as may be given by the Attorney-General of the Federation.

The Inter-Agency Committee has, therefore, been constituted in recognition of the relevance and statutory mandates of the listed MDAs and also against the background of the need to provide synergy and
coordination amongst all relevant MDAs in the pursuit of the common agenda of the government. While the Committee will not be tied down by these needless distractions, it remains open to positive suggestions.

AGF Assets Recovery Committee EFCC law Malami
Share. Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Editor
  • Website

Related Posts

Group demands probe into deaths of 37 miners in NSCDC custody

September 19, 2026

CBN, Finance Ministry formalise fiscal-monetary coordination to stabilise economy

September 19, 2026

SEE LIST: Names of NSCDC Officers suspended over Miners’ deaths

September 19, 2026

Leave A Reply Cancel Reply

Group demands probe into deaths of 37 miners in NSCDC custody

September 19, 2026

Cross River plans organised ranching to curb farmer-herder conflicts

September 19, 2026

Trump bars CNN, MS NOW, Politico from White House

September 19, 2026

FG trains 200 sheep, goat farmers in Kano

September 19, 2026
About Us
About Us

ASHENEWS (AsheNewsDaily.com), published by PenPlus Online Media Publishers, is an independent online newspaper. We report development news, especially on Agriculture, Science, Health and Environment as they affect the under-reported rural and urban poor.

We also conduct investigations, especially in the areas of ASHE, as well as other general interests, including corruption, human rights, illicit financial flows, and politics.

Contact Info:
  • 1st floor, Dogon Daji House, No. 5, Maiduguri Road, Sokoto
  • +234(0)7031140009
  • ashenewsdaily@gmail.com
Facebook Twitter Instagram Pinterest
© 2026 All Rights Reserved. ASHENEWS Daily Designed & Managed By DeedsTech

Type above and press Enter to search. Press Esc to cancel.