Malami Asks N’Assembly to Consider Issuing Resolutions with Force of Law
Blames arms of govt for dysfunctional institutions
The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), yesterday advised the National Assembly to consider the use of resolutions that carry the force of law in its interactions with government agencies.
He said this “weapon of attack” could help to make public agencies more responsible in their approach to the National Assembly.
Malami had been asked by the Chairman, ad-hoc committee on the missing $17 billion oil funds, Hon. Abdulrazak Namdas, on the possible options available to the committee to deal with agencies that deliberately sabotage investigations by shunning public hearings or other summons.
The AGF in his response, said the existing resolutions from the National Assembly were merely persuasive with no binding effect on those they are intended for.
He said: “I want to bring to the attention of the committee is the fact that the resolutions as far as the legislations are concerned is ordinarily persuasive. There are resolutions that could have the force of law.
“I think your weapon of attack is available at your disposal; that is having a resolution in place that has the force of law and not a resolution that ordinarily is persuasive and not binding.”
The AGF was one of the heads of agencies invited to appear before the committee to provide clarifications on some of the litigation involving the federal government and oil companies, as the lawmakers attempt to unravel the mystery surrounding the undeclared monies between 2011 and 2014.
Following yesterday’s summon to all heads of agencies to appear yesterday, the Nigerian National Petroleum Corporation (NNPC), the CBN, Nigeria Navy and Department of Petroleum Resources (DPR) turned up while many others shunned the hearing.
But NNPC’s appearance made little or no difference, as its Chief Operating Officer (COO), Mr. Roland Ewubare, who lead the team failed to impress the committee, because he could not provide the crucial details needed to make progress on a heap of allegations bordering on crude oil production and lifting for the review period.
Nevertheless, Namdas said some of the companies were pleading sub judice - taking cover under the excuse that they are already in court on the matter.
Furthermore, asked to suggest what could be responsible for the dysfunctional system in institutions, Malami said all the arms of government should share the blame for the rot in the system.
According to him, the legislature is particularly culpable given that laws that seeks to correct these anomalies are often not given express attention while lawmakers occupied themselves with issues of less significance citing the recent controversy in the Senate on the adorning of uniform by the customs boss.
He also carpeted the Judiciary for unduly delay of sensitive cases which have economic dimension.
He said: “A lot has gone wrong as far as the operations of the institutions in the Nigerian state are concerned. I will now start as a way of talking to the responsibilities of the National Assembly
“It is rather unfortunate that while we were contesting on uniforms, we’ve not taken our time to consider passage of the relevant bills that have greater impact on the fight against corruption.
“The executive on its own part has presented a bill for the consideration of the National Assembly and it has remained there for long and no position has been taken.”
Malami said: “On the part of the executive with all sincerity, arising from the desire to plug existing loopholes relating to corruption, we have in place TSA which has significantly added value as far as plugging the leakages are concerned.
“When the whistle blowers act has been presented before the National Assembly and it has taken time and the bill has not been passed into law. The executive was held by circumstances by considering having in place a whistle blower policy which is equally making tremendous contributions as far as the plugging of loopholes are concerned.
“Well, before now, I think the legislature has been using the powers vested in it by the constitution including powers vested in it to make resolutions.
According the AGF:”There are responsibilities that are clearly part of legislature: power of making laws is vested in legislature and there are issues relative to executive and Judiciary.
“Until we get to a state when we all key into the idea of fighting corruption as a unit- the executive, Judiciary and legislature coming together and working to for the purpose of fighting corruption, things will continue to remain wrong and then we will find it difficult to make progress.
“Those laws that should naturally add sense and meaning and promote fight against corruption are not been addressed with dispatch. All things are wrong as far as the working of the system is concerned and we’ve a collective responsibility to work together.”
He said the judiciary must ensure hat cases of economic undertone are treated with dispatch.