Anthony Iwuoma
Justice Ambrose Lewis-Allagoa of the Federal High Court sitting in Lagos has nullified the Asset Tracing, Recovery and Management Regulations, 2019 set up by the Attorney-General of the Federation, Abubakar Malami.
The court described the AGF’s action as “an invalid statutory instrument”, and also nullified all sales and disposals of assets made by under the regulations, adding that they were were “ultra vires the office and powers” of the AGF.
The order was made with regard to a suit, FHC/L/CS/40/2021 filed by the Incorporated Trustees of HEDA Resource Centre.
An inter-ministerial committee was set up in 2020 by Malami for the disposal of forfeited assets, following a directive by the President Muhammadu Buhari in October 2018.
HEDA challenged the AGF’s power to set up the committee through its counsel, Omotayo Olatubosun.
The plaintiff argued that the regulations conflicted with the Economic and Financial Crimes Commission Act, Trafficking in Persons (Prohibition) Enforcement and Administrative Act, 2015, National Drug Law Enforcement Agency Act, 2004 and Independent Corrupt Practices Commission Act, 2000, among others, on the matter of disposal of final forfeited assets.
However, Malami’s preliminary objection through his counsel, Tolu Mokunolu, was dismissed by the Court which granted the nine reliefs sought by the plaintiff.
“I am entirely in agreement with the submission of counsels to the plaintiff that the Asset Tracing, Recovery and Management Regulations, 2019 are contrary to the statutory provisions of the Economic and Financial Crimes Commission EFCC Act, Trafficking in Persons Cohabitation Enforcement and Administration Act, NDLEA Act and Immigration Act,”Justice Lewis-Allagoa ruled.
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According to the ruling, the plaintiff’s reliefs granted by the judge include a declaration that by the ICPC Act, the Asset Tracing, Recovery and Management Regulations, 2019 “is an invalid statutory instrument the former having conferred no power arrogated by the Defendant to himself in the latter Regulations;
“An Order nullifying the Asset Tracing, Recovery and Management Regulations, 2019 as an invalid statutory instrument same being in excess of the provisions of the Independent Corrupt Practices Commission Act, 2000;
“An Order nullifying all sales and disposals of assets made by the Defendant pursuant to the said Asset Tracing, Recovery, and Management Regulations, 2019 same being ultra vires the office and powers of the Defendant.”