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Vanguard, WEDNESDAY, MARCH 24, 2021 — 9<br />
:Vanguard News<br />
:@vanguardnews :@vanguardnews NEWS HOTLINES: 08052867023, 08052867058<br />
MEETING: Governor Nasir el-Rufai of Kaduna State (right) greeting the Right Revd.<br />
Timothy Yahaya, Anglican Bishop of Kaduna and his team at a briefing meeting on the<br />
initiatives of the Diocese in education, health and agriculture, in Kaduna yesterday.<br />
Senate moves to recover N16trn AMCON<br />
loans<br />
By Henry Umoru<br />
A BUJA—THE<br />
Senate, yesterday,<br />
began consideration of a Bill<br />
that will empower the Asset<br />
Management Corporation of<br />
Nigeria, AMCON, to recover<br />
about N16 trillion bad loans.<br />
The AMCON Amendment<br />
Bill 2021, which scaled second<br />
reading on the floor, is<br />
sponsored by Senator<br />
Opeyemi Bamidele of APC,<br />
Ekiti Central.<br />
Leading debate on the Bill,<br />
yesterday, Bamidele said: “The<br />
main aim of this amendment is<br />
to update a few clauses in the<br />
Act that have been hampering<br />
the operations of the Asset<br />
Management Corporation of<br />
Nigeria.<br />
“Under the current Act, the<br />
continued smooth operation of<br />
AMCON is threatened by the<br />
tenor put on a key funding<br />
provision for AMCON.<br />
“Therefore, the proposed<br />
amendment is designed to allow<br />
for more flexibility in the tenor of<br />
this key funding provision.’’<br />
Bamidele further emphasized<br />
that the amendment would<br />
strengthen AMCON in<br />
stabilizing Nigeria’s banking<br />
sector and empower the agency<br />
in carrying out its functions of<br />
assets and debt recovery agency.<br />
Speaking further, he said:<br />
“AMCON is a very important and<br />
strategic national institution that<br />
must be strengthened to<br />
effectively contribute to the<br />
stabilization of the banking sector<br />
in Nigeria.<br />
“It proved its mettle in the<br />
banking crisis of 2009. Our<br />
economy still grapples with huge<br />
challenges; the banking sector is<br />
not immune from the difficulties<br />
we face. We must, therefore,<br />
review and amend the AMCON<br />
Act (2014) in order to reinvent<br />
and reposition AMCON to<br />
optimally perform its functions.<br />
“In particular, this amendment<br />
will strengthe AMCON in assets<br />
recovery. AMCON must be reenergized<br />
to tackle the problem<br />
of toxic loans. Highly placed<br />
debtors have been employing<br />
different strategies and tactics<br />
to stall the repayment of loans.<br />
Cases drag on in courts for<br />
many years. AMCON has<br />
remained at the receiving end of<br />
this well laid and orchestrated<br />
acts of economic sabotage.<br />
“As patriots, we have an<br />
obligation to empower AMCON<br />
and make its assets recovery<br />
efforts less cumbersome. We must<br />
remove all obstacles to its smooth<br />
operations. We must safeguard<br />
our banking sector and the<br />
economy in these trying times.”<br />
Contributing, Senator Uba<br />
Sani (APC, Kaduna Central)<br />
emphasized that, “AMCON<br />
largely depends on the resources<br />
from the resolution fund, and<br />
failure to extend this amendment<br />
Bill will certainly affect the<br />
operation of AMCON and it may<br />
force the government to bear the<br />
entire cost of debt management<br />
of AMCON.”<br />
On his part, Senator Adamu<br />
Aliero (APC, Kebbi Central), said<br />
the amendment “Will give teeth<br />
to AMCON to recover all debts<br />
that were given to private<br />
individuals and also companies.<br />
“Mr. President, I don’t know<br />
whether my colleagues are aware<br />
of the information circulating in<br />
social media and even in the<br />
conventional media, where only<br />
twenty individuals have taken<br />
about N7.5 trillion.<br />
Court orders extension of NIN registration by 2 months<br />
By Henry Ojelu<br />
A<br />
Federal High<br />
Court sitting in Lagos has<br />
ordered the extension of the<br />
deadline for National Identity<br />
Number, NIN by two months.<br />
Justice M.A. Onyetenu<br />
granted the extension while<br />
delivering ruling in a suit filed by<br />
human rights lawyer, Monday<br />
Ubani against the Federal<br />
Government, Attorney General<br />
of the Federation, Nigerian<br />
Communications Commission,<br />
NCC and the Minister of<br />
Communication and Digital<br />
Economy.<br />
In the suit, Ubani had<br />
contended that the initial two<br />
weeks ultimatum (now extended<br />
to April 6, 2021) given to<br />
telecommunication operators to<br />
block SIM cards of Nigerians who<br />
have not registered their SIM<br />
card with NIN if allowed, will<br />
infringe on his constitutionally<br />
guaranteed freedom of<br />
expression, right to own moveable<br />
property and right to life.<br />
He therefore prayed the court<br />
for an order halting the said<br />
ultimatum and extending the<br />
deadline.<br />
Other prayers made by Ubani<br />
includes; a declaration that the<br />
ultimatum given to<br />
telecommunications operators by<br />
the 1st, 3rd and 4th Respondents<br />
to block all Subscriber<br />
Identification Modules (SIM)<br />
cards that are not registered with<br />
NIN, is grossly inadequate and<br />
will not only work severe<br />
hardship, but will likely infringe<br />
on the fundamental rights of the<br />
Applicant (and millions of other<br />
Nigerians) to freedom of<br />
expression as guaranteed by<br />
section 39(1)(2) of the 1999<br />
constitution as well as violate<br />
section 44(1) of the 1999<br />
constitution which prohibits the<br />
compulsory acquisition of right or<br />
interest over moveable property.<br />
“A declaration that in view of<br />
the COVID-19 pandemic and<br />
the rising cases in Nigeria<br />
presently, the deadline given by<br />
the 1st, 3rd and 4th Respondents<br />
to the Applicant and over 200<br />
million Nigerians to register their<br />
SIM Cards with NIN, will lead to<br />
a rush, thereby resulting to<br />
clustering of the Applicant and<br />
other Nigerian citizens in a NIN<br />
registration centre, subjecting<br />
him to the possibility of easily<br />
contracting the COVID-19 virus,<br />
and such will amount to a<br />
violation of his fundamental right<br />
to life as protected by section 33(1)<br />
of the 1999 Constitution.''<br />
“Mr. President, this is more than<br />
what we spend as capital budget<br />
of this country, and these individuals<br />
are well to do and they are<br />
walking on our streets.<br />
“They have huge sums of<br />
money, some of them have even<br />
transferred these monies abroad.<br />
There’s nothing toxic about it.<br />
The money is with them; they<br />
have used it and they don’t want<br />
to pay.<br />
“They are using all tactics to<br />
ensure that they block the<br />
investigation agencies like the<br />
Economic and Financial Crimes<br />
Commission, EFCC, from<br />
recovering the loan. They have<br />
even gone to court to get all kinds<br />
of injunctions stopping AMCON<br />
from recovering the loan.<br />
“We should all support this<br />
amendment. It will make Nigeria<br />
to be sanitized financially, and<br />
banks would even be in a better<br />
position to give loans to people<br />
bearing in mind that there must<br />
be collateral for giving such loans.<br />
“They were a little bit careless<br />
in the past, but with this, if this<br />
amendment passes through, it<br />
will be a wake-up call for all<br />
financial institutions in the<br />
country to do what is right and<br />
proper,” Aliero said.<br />
Yusuf Abubakar Yusuf (APC,<br />
Taraba Central) underscored the<br />
need for extending the tenure<br />
of AMCON, adding that doing<br />
so would rescue Nigeria’s<br />
financial and banking systems<br />
from the burden of loans<br />
obtained by individuals.<br />
His words: “We have no<br />
option but to extend the tenure<br />
of AMCON because AMCON<br />
is carrying a contingent<br />
liability of nearly N6 trillion.<br />
“Loans that were private in<br />
the past have now been made<br />
a sovereign loan. So, we are<br />
all carrying this as a result of<br />
past errors committed in the<br />
banking system.<br />
“Mr. president, this Bill to<br />
extend the tenure has come<br />
at the right time, otherwise,<br />
we may not be able to recover<br />
the N6 trillion debt, and I<br />
don’t know what would have<br />
happened to this financial<br />
system or the banking system.<br />
“Finally, while we are<br />
extending this tenure, we hope<br />
and pray that the judiciary will<br />
work in tandem with the<br />
aspiration of the Bill to assist<br />
and make sure that individuals<br />
that are carrying these<br />
liabilities are brought to book<br />
and are made to pay so that<br />
our sovereign will be relived of<br />
this burden.”<br />
ANTI-GRAFT WAR: Why we<br />
need guidelines on plea<br />
bargaining — MALAMI<br />
By Ikechukwu<br />
Nnochiri<br />
ABUJA—THE Attorney-<br />
General of the Federation<br />
and Minister of Justice, Mr.<br />
Abubakar Malami, SAN, said<br />
yesterday that the effective<br />
deployment of plea bargain<br />
provisions would reduce the<br />
financial cost of prosecutions and<br />
hasten the trial of corruption<br />
cases.<br />
However, the AGF said there<br />
was need for harmonized<br />
guidelines on plea bargaining<br />
that would be adopted by all<br />
federal prosecutors.<br />
He maintained that the<br />
concept of plea bargaining, when<br />
properly applied, would eliminate<br />
uncertainty of trials, enhance the<br />
quick return of stolen assets, and<br />
generally enhance the efficiency<br />
of the criminal justice system.<br />
In his opening remarks at the<br />
virtual stakeholders roundtable<br />
to review the draft guidelines on<br />
plea bargaining for federal<br />
prosecutors, which held<br />
yesterday, Malami, who was<br />
represented by the Solicitor-<br />
General of the Federation, Mr.<br />
Dayo Apata, SAN, noted that<br />
there are lacunas in existing<br />
statues that okayed the use of<br />
plea bargain in criminal trials.<br />
He said: “You will recall that<br />
the purpose of the<br />
Administration of Criminal Justice<br />
Act (ACJA), 2015, as detailed in<br />
section 1(1) is to guarantee that<br />
the system of administration of<br />
criminal justice in Nigeria:<br />
promotes the efficient<br />
management of criminal justice<br />
institutions; ensures speedy<br />
dispensation of justice, protects<br />
the society from crime; and<br />
protects the rights and interests<br />
NDLEA intercepts parcels of<br />
cocaine, heroin bound for UK,<br />
Ireland, Australia<br />
By Kingsley Omonobi<br />
THE National Drug<br />
Law Enforcement Agency,<br />
NDLEA, has intercepted various<br />
types of hard drugs wellconcealed<br />
and unaccompanied<br />
parcels of cocaine, heroin,<br />
methamphetamine and cannabis<br />
sativa being shipped to the<br />
United Kingdom, Northern<br />
Ireland, Australia, Maldives and<br />
New Zealand.<br />
Consequent upon the<br />
interception, a notorious<br />
trafficker, Sikiru Owolabi, who is<br />
behind at least two of the parcels,<br />
has been traced and arrested<br />
after days of thorough and<br />
systematic surveillance by<br />
NDLEA operatives.<br />
The Director, Media and<br />
Advocacy, of the NDLEA, Femi<br />
Babafemi, disclosed that<br />
“undercover narcotic agents<br />
attached to two international<br />
courier companies in Lagos made<br />
the seizures.’’<br />
Sikiru Owolabi, who has made<br />
useful confessions during<br />
interrogations, was tracked after<br />
1 kilogramme of cocaine<br />
concealed in cream containers<br />
and meant for Dublin in<br />
Northern Ireland was intercepted<br />
at one of the courier firms in<br />
Lagos.<br />
This was also followed by the<br />
discovery of another 200<br />
grammes of cocaine meant for<br />
of the suspect, the defendant and<br />
the victim.<br />
“One of major innovations of<br />
ACJA aimed at achieving these<br />
objectives is the introduction of<br />
plea bargain which is defined in<br />
section 494(1) as: ‘the process in<br />
criminal proceedings whereby the<br />
defendant and the prosecution<br />
work out a mutually acceptable<br />
disposition of the case, including<br />
the plea of the defendant to a<br />
lesser offence than that charged<br />
in the complaint or information<br />
and in conformity with other<br />
conditions imposed by the<br />
prosecution, in return for a lighter<br />
sentence than that of the higher<br />
charge subject to the court’s<br />
approval’.<br />
“Section 270 of ACJA (2015)<br />
provides the general legal<br />
framework for the application of<br />
Plea Bargain.<br />
“I believe that this provision can<br />
also be effectively deployed to<br />
address the compounding of<br />
offences which features in some<br />
statutes but without any<br />
procedural detail to aid its<br />
application.<br />
“This lacuna is responsible for<br />
abuses in compounding of<br />
offences which had strengthened<br />
the current public skepticism<br />
about plea bargaining in general.’’<br />
Malami stressed that inspite of<br />
the laudable provisions of section<br />
270 of the ACJA, the provisions<br />
are still inadequate to guide the<br />
prosecutor and the defendant in<br />
reaching a plea bargain that<br />
ensures the protection of public<br />
interest, the interest of justice<br />
and prevents abuse of legal<br />
process.<br />
He said it was due to lacunas<br />
in the existing laws that informed<br />
the development of the Draft<br />
Guidelines.<br />
London, United Kingdom in the<br />
same courier company.<br />
In another undercover<br />
operation, Babafemi said 320<br />
grammes of heroin concealed in<br />
earrings coming in from Congo<br />
and going to Australia was seized<br />
at a different courier firm in Lagos,<br />
adding that another 390<br />
grammes of cocaine hidden in<br />
men’s clothing meant for<br />
Northern Ireland was intercepted<br />
in the same company.<br />
According to him, while 500<br />
grammes of cannabis sativa<br />
concealed in automobile parts<br />
going to New Zealand was seized<br />
at one of the courier companies,<br />
200 grammes of<br />
methamphetamine hidden<br />
inside an award plaque and en<br />
route New Zealand, with<br />
another 200 grammes of<br />
methamphetamine concealed in<br />
a book for Maldives, were equally<br />
intercepted in another firm.<br />
Beside the arrest of Owolabi,<br />
the NDLEA spokesman said<br />
efforts were on to track and arrest<br />
other traffickers behind the other<br />
unaccompanied illicit drugs<br />
packaged as parcels for shipment<br />
to Europe.<br />
Chairman/Chief Executive of<br />
the NDLEA, Brig. General Buba<br />
Marwa, retd, also commended the<br />
men and officers involved in the<br />
operations to frustrate attempts<br />
by drug barons and traffickers to<br />
ship illicit drugs overseas through<br />
unaccompanied parcels.