Law / News / politics

Falana to Minister of Finance: You lack powers to suspend AGF

Human Rights lawyer, Femi Falana (SAN), has told the Minister of Finance, Budget and National Planning, Zainab Ahmed, that she lacks the power to suspend the Accountant-General of the Federation, Ahmed Idris, over allegations of fraud.

Falana spoke amid allegations Idris was under probe for N80 billion fraud by the Economic and Financial Crimes Commission.

He said it was only President Muhammadu Buhari that has such powers to suspend the AGF.

He said: “In exercise of his powers under section 171 of the Constitution, President Buhari appointed Ahmed Idris as the Accountant-General of the Federation on June 25, 2015. Upon the expiration of 4-year tenure, Mr Idris was reappointed as the Accountant-General of the Federation by the President on June 19, 2019. “It is submitted that by the combined effect of section 320 of the Constitution and section 11 of the Interpretation Act, it is the exclusive constitutional responsibility of President Buhari to suspend Mr Idris as the Accountant-General of the Federation.

“Specifically, section 11(1) (b) of the Interpretation Act provides that ‘Where an enactment confers a power to appoint a person either to an office or to exercise any functions, whether for a specified period or not, the power includes the power to remove or suspend him.’

“From the foregoing, it is undoubtedly clear that it is only the President who appointed Mr Idris as the Accountant-General of the Federation and reappointed him to the office that is constitutionally empowered to suspend him or interdict him pending his investigation and prosecution by the Economic and Financial Crimes Commission.

“I believe that the Minister of Finance knows or ought to know that she lacks the power to suspend Mr Idris from duty since did not appoint or reappoint him as the Accountant-General of the Federation.

It is hoped that the Federal Government has not deliberately played into the hands of Mr Idris to provide a legal escape route for him as he may soon challenge his suspension in the National Industrial Court. Since the action of the Minister is illegal …

Education / Law / News

UNILAG: Why Babalakin quit — FG

The Federal Government has explained that overbearing posture was responsible for the removal of the Pro-Chancellor/Chairman, Governing Council of the University of Lagos, UNILAG, Dr. Olawale Babalakin, SAN.

It also maintained that Babalakin was not exonerated of any wrongdoing by the General Martin Luther Agwai-led Regular Visitation Panel to the university.

The Director, Press and Public Relations, Federal Ministry of Education, Bem Goong, who explained in a statement, insisted that the former Pro-Chancellor remained indicted and removed from office.

The statement reads: “The Senior Advocate of Nigeria had accepted his guilt by resigning hours before the release of the White Paper that came out of the Special Presidential Visitation Panel, adding that the hostility towards the Permanent Secretary for doing his job is unnecessary and unjustifiable. “After weeks of media hostilities over another contrived crisis in the University of Lagos, the Federal Government has maintained that the embattled former Pro-Chancellor/Chairman of the Governing Council of that University, Dr. Olawale Babalakin, SAN, was not exonerated by the General Martin Luther Agwai-led Regular Visitation Panel to the university.

“Following his indictment for breach of due process and flagrant disregard for the university laws in the aborted removal of the Vice-Chancellor and the unilateral appointment of an Acting Vice-Chancellor, the Special Presidential Visitation Panel and the White Paper, thereof, recommended and approved, respectively, his removal from office and the dissolution of the Governing Council.”

While condemning the campaign of calumny as a desperate attempt to distract and slow down the rising profile of the university, Goong said facts on the ground spoke to the contrary.

Asked to clarify whether the second (Regular) Visitation Panel exonerated Babalakin from the indictment of the Special Visitation Panel, Goong said: “It is embarrassing for a lawyer of Babalakin’s standing, a SAN for that matter, to say that a Regular Visitation Panel has exonerated him from the indictment of an earlier visitation panel on three grounds.

“First, the Regular Visitation Panel was not, is not, and cannot be an appellate body for the Special Visitation Panel.

“Administratively, the …