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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.

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