‘Malami risks 5 years in jail’ over sale of seized oil assets – Lawyer

By our reporter| Abubakar Malami, attorney-general of the federation (AGF) and minister of justice, risks five years in prison for “illegally” approving the auctioning of sea vessels holding crude oil and diesel seized by the federal government, Kabir Akingbolu, a human rights lawyer, said on Monday.

The AGF approval for the sale of the oil assets valued at millions of naira seized by security agencies over illegal oil bunkering to Omoh-Jay Nigeria Ltd, an oil firm, to auction the crude oil and diesel in four sea vessels despite the firm being prosecuted by the EFCC for allegedly stealing about 12,000 metric tonnes of crude oil in 2009.

Malami who has been widely criticised for the move on Sunday defended in a statement, insisting he did not committ any illegality in approving the auction.

He cited Section 36 (5) of the 1999 Constitution of the Federal Republic of Nigeria, to justify his action.

But in a statement on Monday, Akingbolu said Malami acted beyond his powers when he independently gave approval for auctioning without the authorisation of the Economic and Financial Crimes Commission (EFCC).

According to him, section 31 (4) of the EFCC Act gives powers to the AGF to only make rules for the disposal of seized assets to ensure that the power of sale is not abused by the EFCC.

He said, “To further expose the anomalies and administrative recklessness of Malami, may I invite him on a short excursion into section 31 (2) and (4) of the Economic Financial Crimes Commission (Establishment) Act, Laws of the Federation of Nigeria, 2004, which is the enabling Act, under which he purportedly acted.”

“It is submitted that the AGF does not have such power either under section 174 of the Constitution of the Federal Republic of Nigeria or under the Economic and Financial Crimes Commission (Establishment) Act, Laws of the Federation of Nigeria 2004.

Malami and the suspended EFFC boss currently being investigated by a presidential panel based on a petition written by the AGF to the president Buhari are not the best of friends and are engaged in a battle to mutually destroy each other, according to many political observers.