#mp2013 presentation of the ministry of justice

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MINISTERIAL PLATFORM FEDERAL MINISTRY OF JUSTICE MID-TERM ACHIEVEMENTS IN COMMEMMORATION OF THE 2 ND ANNIVERSARY OF PRESIDENT GOODLUCK EBELE JONATHAN’S ADMINISTRATION Presented by MR. MOHAMMED BELLO ADOKE, SAN, CFR Honourable Attorney General of the Federation and Minister of Justice

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Ministerial Platform 2013

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Page 1: #MP2013 Presentation of the Ministry of Justice

MINISTERIAL PLATFORM

FEDERAL MINISTRY OF JUSTICE

MID-TERM ACHIEVEMENTS

IN COMMEMMORATION OF THE 2ND

ANNIVERSARY OF PRESIDENT GOODLUCK

EBELE JONATHAN’S ADMINISTRATION

Presented by

MR. MOHAMMED BELLO ADOKE, SAN, CFR

Honourable Attorney General of the Federation

and Minister of Justice

Page 2: #MP2013 Presentation of the Ministry of Justice

1. INTRODUCTION

Accountability of public officers and

institutions is a key component of this

administration’s transformation agenda. I

am therefore delighted at the opportunity

to give account of our stewardship at the

Federal Ministry of Justice in

commemoration of the 2nd Anniversary of

the President Goodluck Ebele Jonathan’s

Administration.

Page 3: #MP2013 Presentation of the Ministry of Justice

INTRODUCTION

Let me start by expressing my deep appreciation to Almighty God for the rare privilege of serving this great country during the period under review and His Excellency, President Goodluck Ebele Jonathan, GCFR, for appointing me to this position of public trust. I also commend Mr. Labaran Maku, the Honourable Minister of Information, for providing a veritable platform for Ministers to engage with the Nigerian people on the activities of their Ministries and parastatals, and for sustaining the vibrancy of this platform, since assumption of office.

Page 4: #MP2013 Presentation of the Ministry of Justice

INTRODUCTION

The Federal Ministry of Justice is essentially a service ministry established to provide legal support services to other Ministries, Departments and Agencies (MDAs) of government to enable them discharge their statutory functions in line with the overall policy thrust of this administration. Consequently, we have remained focused in our collective endeavours to contribute our quota to the realization of the transformation agenda of this administration and have resolutely kept faith with our vision to “Make Justice accessible to all, consistent with the ideals of Democracy and Rule of Law”.

Page 5: #MP2013 Presentation of the Ministry of Justice

PART I: CORE FUNCTIONS AND

ACTIVITIES OF THE MINISTRY

2. In line with our resolve to provide sound legal

framework, advice and efficient service delivery to

support the attainment of Government’s objectives, the

Ministry embarked on a number of initiatives during the

period under review with the aim of ensuring the smooth

functioning of government through the effective

discharge of our core functions which include:

Page 6: #MP2013 Presentation of the Ministry of Justice

PART I: CORE FUNCTIONS AND

ACTIVITIES OF THE MINISTRY

ensuring access to justice for all persons

and the observance of the rule of law and

due process by all MDAs;

prosecuting crimes against the State and

defending civil cases on behalf of

Government;

negotiating and vetting Contracts/

Agreements on behalf of MDAs in order to

protect national interest;

Page 7: #MP2013 Presentation of the Ministry of Justice

PART I: CORE FUNCTIONS AND

ACTIVITIES OF THE MINISTRY

rendering timely quality legal advice and

ancillary services to MDAs through the pool

of Legal Advisers posted to them;

facilitating the early translation of

Government policies into legislation through

the Ministry’s legal drafting function;

ensuring close collaboration with

stakeholders, government agencies, civil

society and the international community in

order to improve on justice delivery, and

Page 8: #MP2013 Presentation of the Ministry of Justice

PART I: CORE FUNCTIONS AND

ACTIVITIES OF THE MINISTRY

advising government on its treaty

obligations, in addition to other sundry

services to the legal profession.

Page 9: #MP2013 Presentation of the Ministry of Justice

These functions are discharged through

Core departments in the Ministry, the

Legal Units domiciled in the various MDAs

who act as representatives of the Attorney

General of the Federation within their

respective organizations and the liaison

offices located in the six geo-political zones

of the country. The Ministry also

supervises the activities of the following

parastatals :

Page 10: #MP2013 Presentation of the Ministry of Justice

Nigerian Law Reform Commission

Legal Aid Council

Council of Legal Education

National Drug Law Enforcement Agency

National Agency for the Prohibition of

Trafficking in Persons

Nigerian Institute of Advanced Legal

Studies

Nigerian Copyrights Commission; and

Regional Centre for International

Commercial Arbitration, Lagos.

Page 11: #MP2013 Presentation of the Ministry of Justice

3. During the period under review, the

Ministry made significant improvement in its

service delivery and recorded some milestones

in the discharge of its mandate. Most notable of

the achievements include:

improvement in the prosecution of crimes and

defence of civil cases;

enhanced capacity building in key areas,

particularly the prosecution of complex crimes

(economic crimes, corruption, drug and

terrorism related offences);

PART II: ACHIEVEMENTS (2011 – 2013)

Page 12: #MP2013 Presentation of the Ministry of Justice

Reduction in the number of cases farmed

out to external solicitors;

Reduction in the quantum of judgment

debts obtained against MDAs;

Institutionalization of reforms in the

justice sector aimed at improving access

to justice;

Mainstreaming the implementation of the

Freedom of Information Act;

PART II: ACHIEVEMENTS (2011 – 2013)

Page 13: #MP2013 Presentation of the Ministry of Justice

Drafting of legislation in critical areas such

as the war against terror, money laundering

and other economic crimes consistent with

Nigeria’s international obligations;

timely and efficient international

cooperation on matters of extradition and

mutual legal assistance;

adoption of measures to improve on the

administration of criminal justice, and

initiatives to reform our Business and

Investment laws.

PART II: ACHIEVEMENTS (2011 – 2013)

Page 14: #MP2013 Presentation of the Ministry of Justice

4. To engender appreciation of the

progress made in the areas mentioned

above, the activities of some of the

Ministry’s professional departments and

units are discussed below in greater detail:

PART III- ELABORATION OF THE

MINISTRY’S ACHIEVEMENTS

Page 15: #MP2013 Presentation of the Ministry of Justice

The major challenge with the prosecution of

the crimes and the ability of Law Officers of

the Ministry to effectively defend cases

against the government has been a

combination of lack of capacity, low morale

and poor supervision. This had in the past

resulted in low percentage of cases that are

diligently prosecuted with adverse

consequences and in respect of civil matter,

the high percentage of judgment

debts/arbitral awards against MDAs.

(a)Prosecution of Crimes and Defence of

Cases

Page 16: #MP2013 Presentation of the Ministry of Justice

To stem this tide, vigorous capacity building

trainings were embarked upon during the period

under review. The Ministry also benefited from

capacity building trainings from the J4A, the

British Council, the United States Embassy, etc.

These trainings impacted positively on our Law

Officers to the extent that the Ministry has

drastically reduced its dependence on external

solicitors and enhanced its prosecutorial abilities

leading to more effective prosecution of criminal

cases and defence of civil matters.

Page 17: #MP2013 Presentation of the Ministry of Justice

The Code of Conduct for Prosecutors has

been articulated to ensure that prosecutors

observe the highest professional and ethical

standards in the discharge of their prosecutorial

duties, as well as imbibe best practices drawn

from other jurisdictions to guarantee fair conduct

of trials. The Guidelines for Prosecutors that

is in the final stages of completion will

complement the Code of Conduct for Prosecutors.

Ultimately, our desire is to ensure efficient and

effective prosecutions, conducted with the highest

possible professional and ethical standards.

Page 18: #MP2013 Presentation of the Ministry of Justice

During the period under review, a total number

of 75 cases of Terrorism and Boko Haram

insurgency were received and prosecuted.

Sixteen of the cases have been concluded with 8

convictions, while 35 were struck out. A good

number of the terrorism cases were struck out

because the accused persons had escaped during

the attack on prisons in Bauchi and Maiduguri.

The suspects will be arraigned as soon as they

are apprehended.

Nature of the Criminal Matters handled

Page 19: #MP2013 Presentation of the Ministry of Justice

In addition, a total of 244 general offences,

including culpable homicide, rape, armed robbery

and traffic offences, were handled. Fifteen cases

have been concluded with 10 convictions, while

the remaining cases are at different stages of

trial, namely hearing, defence or

ruling/judgment. Although, phenomenal

improvements have been made in the criminal

justice system, the fact remains that the

workings of the justice system is still not as fast

as we would desire. The absconding of some

accused persons who jumped bail also frustrated

many of the cases.

Nature of the Criminal Matters handled

Page 20: #MP2013 Presentation of the Ministry of Justice

A total of 60 petitions bordering on breach of

rights of citizens, lack of action on criminal

matters by the law enforcement agencies, and

requests for takeover of cases from the police for

lack of diligent prosecution were received. All the

petitions were promptly handled and appropriate

action taken to address them. In many cases, the

Ministry took over prosecution of such cases.

Table A below contains the summary of cases

and petitions handled by the Ministry during the

period under review.

Petitions

Page 21: #MP2013 Presentation of the Ministry of Justice

Table A: Nature of Criminal Cases and

Petitions handled

S/

N

Type of

Cases

Receiv-

ed

In

Court

Convi-

ctions

Petiti-

ons

Cases

Conclud

-ed

Cases/

Petiti-

ons In

Progr-

ess

1. Case

Files

319 47 18 - 66 219

2. Petitions 60 - - 60 - -

Page 22: #MP2013 Presentation of the Ministry of Justice

DISPOSITION OF CIVIL CASES HANDLED

The period under review, particularly Year

2012, witnessed heightened litigations in the

Supreme Court, Court of Appeal, Federal High

Courts, the National Industrial Court and the

ECOWAS Community Court of Justice. The

Ministry received about 539 civil cases

bordering on different claims which included the

enforcement of Fundamental Human Rights

actions relating to title to land, wrongful

termination of appointments by various MDAs,

Constitutional questions, contractual matters

etc.

Page 23: #MP2013 Presentation of the Ministry of Justice

DISPOSITION OF CIVIL CASES HANDLED

The Ministry was able to conclude over 86

matters in the domestic court, while others were

before the ECOWAS Community Court of

Justice. Most of the cases concluded were in

favour of Government and the Ministry was able

to save government the sum of N501,

278,765,770 (Five Hundred and One Billion,

Two Hundred and Seventy Eight Million, Seven

Hundred and Sixty Five Thousand, Seven

Hundred and Seventy Naira) in Suit No.

ECW/CCJ/APP/ 03/ 11.

Page 24: #MP2013 Presentation of the Ministry of Justice

DISPOSITION OF CIVIL CASES HANDLED

Incorporated Trustees of Miyetti Allah

KautalHore Socio-cultural Association,.V.

Federal Government of Nigeria. Similarly,

in Registered Trustees of the Socio

Economic Rights and Accountability

Project (SERAP) (Suit No.

ECW/CCJ/APP/08/09) the Ministry was

able to save the Government the sum of

US$ 1 Billion (N158, 000,000,000) that

would have been paid as damages.

Page 25: #MP2013 Presentation of the Ministry of Justice

JUDGMENT DEBT

The Ministry is the secretariat for the

Presidential Committee on Judgment Debt

Verification. The Committee which has

representatives from the Presidency, the

Ministry of Finance, Budget Office, Accountant

General of the Federation, the Nigeria Police

Force, the Economic and Financial Crimes

Commission and the Nigerian Bar Association

meets regularly under the chairmanship of the

Solicitor General of the Federation and

Permanent Secretary, Federal Ministry of

Justice to verify and authorize payment of

judgment debts obtained against the

government.

Page 26: #MP2013 Presentation of the Ministry of Justice

JUDGMENT DEBT

During the period under review, about 89

judgment creditors were paid in accordance with

the judgments verified by the Committee. As a

result of the negotiations, which took place

between the Committee and the various

judgment creditors, which led to the reduction of

interest charged by them on the judgment debt,

Government was saved the sum of N 13,

360,783,169.39 (Thirteen Billion, Three

Hundred and Sixty Million, One Hundred and

Sixty Nine Naira, Thirty-Nine Kobo). Table B

contains a summary of the civil cases handled by

the Ministry:

Page 27: #MP2013 Presentation of the Ministry of Justice

TABLE B: NATURE OF CIVIL MATTERS HANDLED

S/

N

TYPES OF

MATTER

RECEIV

ED

RESOLUTION IN COURT ADR FINANCIAL VALUE

IN FAVOUR OF

NIGERIA

PENDING

NIGERI

A

ECOWA

S

CONVICTIO

N

N659, 278,765,770

1 LITIGATION 539 86 453

2 ARBITRATIO

N

28 10 18

3 NEGOTIATIO

N

20 20

4 LEGAL

OPINIONS

335 335

5 DEBT

JUDGEMENT

89

N13, 360,783,169.39

6 REVIEW OF

CASES

490 490

Page 28: #MP2013 Presentation of the Ministry of Justice

(B) LEGAL SUPPORT FOR THE WAR AGAINST TERROR

The period under review witnessed increased

wave of terrorist activities, especially in the

northern parts of the country. The Ministry

was therefore confronted with the need to

provide a legal framework that would not

only prescribe offences and appropriate

penalties for those who engage in terrorist

activities, but would also provide the legal

framework to coordinated response by

relevant security agencies in order to fulfill

government’s obligation to provide security

and protect the lives and properties of its

people.

Page 29: #MP2013 Presentation of the Ministry of Justice

(B) LEGAL SUPPORT FOR THE WAR AGAINST TERROR

In response to these exigencies, the

Ministry worked assiduously in concert

with relevant agencies of Government, the

United Nations and our development

partners to fashion out the Terrorism

(Prevention) Act of 2011. This was the

first comprehensive legal framework to

deal with the menace of terrorism in the

country.

Page 30: #MP2013 Presentation of the Ministry of Justice

(B) LEGAL SUPPORT FOR THE WAR AGAINST TERROR

Furthermore, the nexus between money

laundering and terrorist financing made

it imperative for us to amend our money

laundering legislation to bring it in

conformity with global efforts to counter

terrorist financing, as well as satisfy the

requirements of the Financial Action

Task Force (FATF), the global standard

setting body in that regard. This resulted

in the Money Laundering(Prohibition)

Act of 2011.

Page 31: #MP2013 Presentation of the Ministry of Justice

(B) LEGAL SUPPORT FOR THE WAR AGAINST TERROR

The weaknesses identified in the

Terrorism Prohibition Act of 2011 and

the Money Laundering Act of 2011, led

to further amendments which gave rise

to the Terrorism Prevention Act 2011

as amended and Money Laundering

Act of 2013. To achieve these, the

Ministry worked tirelessly with other

stakeholders to ensure that an

appropriate legal framework for the war

against terror consistent with global

standards is put in place.

Page 32: #MP2013 Presentation of the Ministry of Justice

(B) LEGAL SUPPORT FOR THE WAR AGAINST TERROR

It will be recalled that recently, the

Office of the Attorney General of the

Federation relied on the provisions of the

Terrorism Prevention Act No. 10 of 2011

as amended to seek the proscription of

JAMAATU AHLIS-SUNNA

LIDDAAWATI WALJIHAD and

JAMA‘ATU ANSARUL MUSLIMINA

FI BILADIS SUDAN in Nigeria.

Page 33: #MP2013 Presentation of the Ministry of Justice

(B) LEGAL SUPPORT FOR THE WAR AGAINST TERROR

The Federal High Court has since granted the

Order, which has been published as the

Terrorism (Prevention) (Proscription

Order) Notice, No. 91 of 2013. The Court

granted the Proscription Order which:

(a) declared the activities of the two

organizations in any part of this country as

terrorism and illegal;

(b) proscribed the existence of the two

associations in any part of Nigeria either in

groups or as individuals by whatever names

they are called, and

Page 34: #MP2013 Presentation of the Ministry of Justice

(B) LEGAL SUPPORT FOR THE WAR AGAINST TERROR

(c) restrained any person or group of persons from

participating in any manner whatsoever in any

form of activities involving or concerning the

proscription of the collective intention or otherwise

of the said groups.

Page 35: #MP2013 Presentation of the Ministry of Justice

(B) LEGAL SUPPORT FOR THE WAR AGAINST TERROR

This will make it possible to now apprehend and

punish members of these proscribed organizations

for engaging in terrorist activities, as well as

confiscate any property connected to terrorist

activities.

Page 36: #MP2013 Presentation of the Ministry of Justice

(B) LEGAL SUPPORT FOR THE WAR AGAINST TERROR

The Complex Casework Group set up in the

Department of Public Prosecutions is currently

undergoing intensive training on the prosecution

of complex crimes to enable them to effectively

handle the prosecution of complex crimes such as

terrorism, economic crimes and corruption cases.

Page 37: #MP2013 Presentation of the Ministry of Justice

(C) INTERNATIONAL COOPERATION

International cooperation is the bedrock for

concerted global action against organized crimes,

which often transcend national frontiers. Nigeria

as a responsible member of the international

community is enjoined to provide timely

international cooperation to requesting countries

in line with her obligations under various

international legal instruments and the principle

of reciprocity. Over the years, we have had to

grapple with inherent administrative and

bureaucratic red tape, which often put the country

in default of her international obligations in this

respect.

Page 38: #MP2013 Presentation of the Ministry of Justice

(C) INTERNATIONAL COOPERATION

To address this challenge, the Central

Authority Unit was established under the

direct supervision of the Attorney General of

the Federation during the period under

review. This has resulted in specialized

training and equipping of the unit for

efficient and effective performance, and

timely response to requests for cooperation.

The Ministry is grateful to the British

Council and the United States Embassy for

the support they have given to strengthen

the unit.

Page 39: #MP2013 Presentation of the Ministry of Justice

(C) INTERNATIONAL COOPERATION

Furthermore, the Mutual Assistance in

Criminal Matters within the Commonwealth

(Establishment & Enforcement) Act, LFN, 2004

which regulates the provision of assistance in

criminal matters has become unsuitable for

lagging behind new developments in the area of

international cooperation. During the period

under review, we proposed a Mutual Legal

Assistance in Criminal Matters Bill, 2013

to bring our legislation in tandem with modern

trends and best practices.

Page 40: #MP2013 Presentation of the Ministry of Justice

(C) INTERNATIONAL COOPERATION

The passage of the Bill into law will further

complement the institutional changes that

we have made, particularly the workable

synergy with all the Competent Authorities

as well as other MDAs involved in the

execution of all forms of international

cooperation in criminal matters to fast-track

the processing of requests for mutual legal

assistance (MLA). Table C below contains

the summary of the requests received and

the output of the Unit.

Page 41: #MP2013 Presentation of the Ministry of Justice

TABLE C: MUTUAL LEGAL ASSISTANCE REQUESTS

HANDLED

Total

No. of

MLA

Requests

No. of

Requests

processed

and

forwarded to

competent

authorities

for execution

No. of MLA

requests

concluded

and

forwarded

to

Requesting Countries

No. of

requests

under process

No. of MLA

Request

forwarded by

Nigeria to other

requested Countries

119 68 19 30 12

Page 42: #MP2013 Presentation of the Ministry of Justice

TABLE C: MUTUAL LEGAL ASSISTANCE

REQUESTS HANDLED The Extradition Act CAP. E.25, LFN 2004 that

governs extradition, another form of international

cooperation, is undergoing review to bring it in

conformity with Nigeria’s treaty obligations. Unlike

MLA, extradition is a process that involves the

Judiciary. Consequently all requests for extradition

must be filed with the Federal High Court where

they undergo a full process of judicial review after

which the Court determines whether or not there

are cogent reasons why the suspect should not be

surrendered to the requesting State. Table-D

below shows the Extradition requests during the

period under review.

Page 43: #MP2013 Presentation of the Ministry of Justice

TABLE D: EXTRADITION REQUESTS RECEIVED AND

PROCESSED

Total No.

of

Extraditio

n Requests

No. of

Requests

concluded

and

fugitives

surrendere

d by Nigeria

No. of Cases

under

Process

awaiting

arrest of

fugitives by

the law

enforcement authorities

No. of

Requests

pending

in the

Federal

High Courts

No. of

Request

s in the

Court of Appeal

No. of

Outgoing

Requests

forwarded

by Nigeria

to

Requested Countries

34 9 12 6 3 4

Page 44: #MP2013 Presentation of the Ministry of Justice

(D) STOLEN ASSETS RECOVERY

During the period under review, the Ministry

intensified its efforts to trace and repatriate

Nigeria’s stolen assets abroad. In this

connection we have maintained effective liaison

and communication with targeted jurisdictions

to keep pace with asset recovery proceedings in

those jurisdictions. In 2011, our close liaison

and negotiation with the Island of Jersey led to

the recovery and repatriation of the sum of UK

£22.5 Million confiscated by the Royal Court of

Jersey from Raj Arjandes Bhojwani, an

Indian national and associate of General Sani

Abacha, on account of his money laundering

transactions from Nigeria.

Page 45: #MP2013 Presentation of the Ministry of Justice

(E) COMPREHENSIVE STRATEGY TO FIGHT

CORRUPTION

The Ministry, in the discharge of its mandate as

the focal Ministry under the United Nations

Convention against Corruption, is in the process

of finalizing a National Anti Corruption

Strategy (NACS), to fight corruption in the

country. While the different anti-corruption

agencies have been doing a commendable job of

fighting corruption in the country, Nigeria’s

treaty obligations require her to have a National

Anti-Corruption Strategy (NACS) that is holistic

and inclusive.

Page 46: #MP2013 Presentation of the Ministry of Justice

During the period under review, the

Ministry has been working assiduously

with the Inter-Agency Task Team, civil

society and our development partners to

articulate a Strategy with appropriate

Action Plans for all the agencies involved

in the war against corruption. A Draft

National Anti-Corruption Strategy (NACS)

has been produced and circulated to

relevant agencies and the civil society for

their comments and inputs to ensure the

necessary buy-in to the process.

Page 47: #MP2013 Presentation of the Ministry of Justice

As soon as the Stakeholder Validation

workshop scheduled for 18th of July 2013 is

held, the NACS will be finalized and sent

to the Federal Executive Council for

approval as a policy document. This is to

give effect to this administration’s zero

tolerance for corruption and its

commitment to fighting corruption in all its

ramifications.

Page 48: #MP2013 Presentation of the Ministry of Justice

The Ministry continued to improve on the

discharge of this important function through the

work of its Legal Drafting Department. Apart

from making significant inputs to the current

Constitution Review process, especially the 2nd

and 3rd Alteration of the Constitution, the

Ministry also drafted several Executive Bills that

were eventually passed into law by the National

Assembly to give effect to Government’s policy.

For Instance in 2011, 12 Executive Bills were

processed by the Ministry and passed into law by

the National Assembly.

(f)Translating Policy into Legislation

Page 49: #MP2013 Presentation of the Ministry of Justice

In 2012, out of the18 Executive Bills proposed, 10

Bills are pending consideration by the National

Assembly, 7 Bills are still under the review by

the Ministry of Justice, while 1 Bill is pending

consideration by the Federal Executive Council.

Table E and Table F below contain a Summary

of the Bills processed by the Ministry of Justice.

(f)Translating Policy into Legislation

Page 50: #MP2013 Presentation of the Ministry of Justice

Table E- Summary of Bills Processed in 2011 S/N BILL

NUMBER

TITLE OF BILL INSTRUCTING AUTHORITY STATUS

OF BILL

1 EVIDENCE ACT (REPEAL AND ENACTMENT) BILL,

2011

FEDERAL MINISTRY OF

JUSTICE AND OTHER STAKE

HOLDERS IN THE JUSTICE

SECTOR

PASSED

2 SB 63 NIGERIAN SOVEREIGN INVESTMENT AUTHORITY

(COST ETC) BILL, 2011

FEDERAL MINISTRY OF

FINANCE AND OTHER STAKE

HOLDERS

PASSED

3 LEGAL AID COUNCIL BILL, 2011 LEGAL AID COUNCIL PASSED

4 FINANCIAL REPORTING COUNCIL OF NIGERIA BILL,

2011

FEDERAL MINISTRY OF

FINANCE

PASSED

5 INDUSTRIAL TRAINING FUND (AMENDMENT) BILL,

2011

INDUSTRIAL TRAINING FUND PASSED

6 CUSTOMARY COURT OF APPEAL OF THE FCT, ABUJA

(JURISDICTION ON CHIEFTAINCY MATTERS) BILL,

2011

CUSTOMARY COURT OF APPEAL PASSED

7 TERTIARY EDUCATION TRUST FUND

(ESTABLISHMENT) BILL, 2011

FEDERAL MINISTRY OF

EDUCATION

PASSED

8 FREEDOM OF INFORMATION BILL, 2011 FEDERAL MINISTRY OF

JUSTICE

PASSED

9 SB 208 MONEY LAUNDERING (PROHIBITION) BILL, 2011 FEDERAL MINISTRY OF

JUSTICE

PASSED

10 TERRORISM (PREVENTION) BILL, 2011 FEDERAL MINISTRY OF

JUSTICE

PASSED

11 ELECTRORAL (AMENDMENT NO. 2) BILL, 2011 FEDERAL MINISTRY OF

JUSTICE/ INEC

PASSED

12 Harmonized Retirement Age of Professors of Tertiary

Institutions Bill, 2011

Federal Ministry of Education PASSED

Page 51: #MP2013 Presentation of the Ministry of Justice

Table F -Summary of Bills Processed in 2012 S/N BILL

NUMBE

R

TITLE OF BILL INSTRUCTING

AUTHORITY

STATUS OF BILL

1 BILL 732 UNIVERSITY OF LAGOS

(AMENDMENT) BILL, 2012

FEDERAL

GOVERNEMENT

Pending Before

NASS

2 BILL 737 MUTUAL ASSISTANCE IN

CRIMINAL MATTERS BILL,

2012

FEDERAL MINISTRY

OF JUSTICE AND

OTHER STAKE

HOLDERS IN THE

JUSTICE SECTOR

Pending Before

NASS

3 BILL 738 NATIONAL TOBACCO

CONTROL BILL, 2012

FEDERAL MINISTRY

OF HEALTH

PROCESSED TO

FEDERAL

EXECUTIVE

COUNCIL

4 BILL 719 Emergency Powers Bill, 2012 FEDERAL MINISTRY

OF JUSTICE

Under Review by

FMOJ

5 BILL 720 Nigerian Police Act (Repeal and

Re-enactment) Bill, 2011

THE NIGERIA

POLICE FORCE

Pending Before

NASS

Page 52: #MP2013 Presentation of the Ministry of Justice

Table F -Summary of Bills Processed in 2012

6 722 A Bill For an Act to Amend

the Nigerian Law Reform Commission Act, 2012

LAW REFORM COMMISSION

Pending Before NASS

7 723 A Bill for an Act to amend the

Federal High Court Act to make

provision for increase in the

number of Judges of the Federal High Court (from 70 to 100)

FEDERAL HIGH COURT

Pending Before NASS

8 A Bill For An Act To Amend The

Terrorism (Prevention) Act, 2011

And For Other Related Matters

FEDERAL MINISTRY OF JUSTICE

PASSED

10 A Bill for An Act To Repeal

Trafficking In Persons

(Prohibition) Law Enforcement

And Administration Act, 2003 As

Amended And To Enact The

Trafficking In Persons

(Prohibition), Enforcement And

Administrative Act To Provide

Measures Against Trafficking

And Smuggling Of Persons And Related Matters, 2012

NAPTIP Pending Before NASS

11 Administration of Criminal Justice Bill, 2012

FMOJ Under Review by FMOJ

Page 53: #MP2013 Presentation of the Ministry of Justice

Table F -Summary of Bills Processed in 2012 12 Witness Protection Bill, 2012 FMOJ Under Review by

FMOJ

13 Proceeds of Crimes Bill, 2012 FMOJ Under Review by

FMOJ

14 A Bill For An Act To Provide For

The Establishment And

Incorporation Of The Nigeria

Police Academy As a Degree-

Awarding Institution And Other

Matters Connected Therewith

MINISTRY OF

POLICE AFFAIRS

Pending Before NASS

15 A Bill For An Act to Prohibit

Chemical Weapons and Establish

The National Authority For The

Effective Implementation Of The

Chemical Weapons Convention

In Nigeria and For Other Matters

Connected Therewith

THE PRESIDENCY Pending Before NASS

Page 54: #MP2013 Presentation of the Ministry of Justice

Table F -Summary of Bills Processed in 2012

16 733 A Bill for an Act to amend the

Federal Universities of

Agriculture Act, 2004 (Michael

Okpara University of

Agriculture) Umudike, 2012

FEDERAL

MINISTRY OF

EDUCATION

Pending Before

NASS

17 A Bill For An Act To Provide For

The Establishment of A Legal,

Fiscal And Regulatory

Framework For The Petroleum

Industry In Nigeria And For

Other Related Matters, 2012

MINISTRY OF

PETROLEUM

RESOURCES

Pending Before NASS

18 A Bill For An Act To Provide For

The Establishment Of The

Directorate For Cybercrime For

The Prohibition, Prevention,

Detection, Response And

Prosecution Of Cybercrimes And

For Other Related Matters

FEDERAL MINISTRY

OF JUSTICE AND

ONSA

Under Review by

FMOJ

Page 55: #MP2013 Presentation of the Ministry of Justice

Statutory Instruments

Apart from legislation, the Ministry also

processed 33 Statutory Instruments during

the period under review. Out of this

number, 18 have been gazetted, 13 are

ready to be gazetted, while 1 is pending

review by the Ministry of Interior. Table G

below contains a summary of the Statutory

Instruments processed by the Ministry

during the period under review.

Page 56: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

S/N STATUTO

RY

INSTRUM

ENT

NUMBER

TITLE INSTRUCTIN

G

AUTHORITY

STATUS

1 S.I 909 IMPLEMENTATION OF STATE OF

EMERGENCY IN SOME PARTS OF

THE FEDERATION.

PRESIDENCY FINALIZE

D

2 S.I. 960 APPOINTMENT OF LEGAL

ASSESSOR TO THE

DISCIPLINARY TRIBUNAL OF

COMPUTTER PROFFESSIONALS

(REGISTRATION COUNCIL OF

NIGERIA).

FINALIZE

D

3 S.I/909/T PROCLAMATION OF STATE OF

EMERGENCY IN CERTAIN LOCAL

GOVERNMENT AREAS OF THE

COUNTRY.

PRESIDENCY GAZETTE

D

Page 57: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

4 S.I 910 IMPLEMENTATION OF

PRESIDENT WAIVER &

EXEMPTION OF TAXES ON ALL

GOVERNMENT CORPORATE

SUB-NATIONAL AND OTHER

BODIES.

FEDERAL

MINISTRY OF

FINANACE/

FIRS

FINALIZE

D

5 COMPANIES AND INCOME TAX

ACT LFN 2004 (COMPANIES

INCOME TAX EXEMPTION)

ORDER, 2012.

FEDERAL

MINISTRY OF

FINANACE/

FIRS

FINALIZE

D

6 NIGERIAN ELECTRICITY

REGULATORY COMMISSION

(DISTRIBUTION AND RETAIL

MULTIYEAR TARIFF ORDER,2012

NERC FINALIZE

D

Page 58: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

7 CHARTERED INSTITUTE OF

STOCKBROKERS

DISCIPLINARY TRIBUNAL

(PROCEDURES) RULES 2012.

NERC FINALIZ

ED

8 NIGERIAN ELECTRICITY

REGULATORY COMMISSION

(FORUM RULES)

REGULATIONS, 2012.

NERC FINALIZ

ED

9 FEDERAL INLAND REVENUE

SERVICE (ESTABLISHMENT)

ACT 2007. INCOME TAX

(TRANSFER

PRICING)REGULATIONS , 2012

FEDERAL

MINISTRY

OF

FINANACE/

FIRS

FINALIZ

ED

Page 59: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

10 REQUEST FOR GAZETTE OF

GOVERNMENT WHITE

PAPER ON 2012 ELECTION

VIOLENCE AND CIVIL

DISTURBANCES.

OFFICE OF

THE

SECRETARY

TO THE

GOVERNME

NT OF THE

FEDERATIO

N

GAZETT

ED

11 S.I 767 NATIONAL ROAD TRAFFIC

REGULATIONS, 2012

FRSC FINALIZ

ED

12 S.I 768 NIGERIAN ELECTRICITY

REGULATORY

COMMISSION(METHODOLOG

Y FOR ESTIMATED BILLINGS)

REGULATIONS, 2012

NERC FINALIZ

ED

Page 60: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

13 S.I 769 NIGERIAN ELECTRICITY

REGULATORY

COMMISSION(METHODOLOGY

FOR THE DETERMINATION OF

CONNECTION CHARGES FOR

ELECTRICITY SUPPLY)

REGULATIONS, 2012

NERC FINALIZ

ED

14 S.I 770 NIGERIAN ELECTRICITY

REGULATORY COMMISSION

(INDEPENDENT ELECTRICITY

DISTRIBUTION NETWORKS)

REGULATIONS, 2012.

NERC FINALIZE

D

15 S.I 771 NIGERIAN ELECTRICITY

REGULATORY COMMISSION

(ACQUISITION OF LAND AND

ACCESS RIGHTS FOR

ELECTRICITY PROJECTS IN

NIGERIA) REGULATIONS, 2012

NERC FINALIZE

D

Page 61: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

16 S.I 777 INLAND WATERWAYS AND

NON-CONVENTION

VESSELS SAFETY

REGULATIONS, 2012,

(MERCHANT SHIPPING

ACT, 2007).

NIMASA GAZETT

ED

17 S.I 778 THE MERCHANT SHIPPING

ACT 2007, (LIABILITY AND

COMPENSATION )

REGULATIONS , 2012)

NIMASA GAZETT

ED

18 S.I 779 THE MERCHANT SHIPPING

(ANTI – FOULING

SYSTEMS)REGUALTIONS

2012

NIMASA GAZETT

ED

19 S.I 780 THE MERCHANT SHIPPING

(BALLAST WATER

REGUALTIONS) 2012

NIMASA GAZETT

ED

Page 62: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

20 S.I 781 MERCHANT SHIPPING

(SEA DUMPING)

REGUALTIONS 2012

NIMASA GAZET

TED

21 S.I 782 MERCHANT SHIPPING

(PREVENTION OF

POLLUTION OF GARBAGE)

REGULATIONS 2012

NIMASA GAZETT

ED

22 S.I 783 MERCHANT SHIPPING

(PREVENTION OF

POLLUTION BY HARMFUL

SUBSTANCES IN

PACKAGED FORM)

REGULATIONS, 2012

NIMASA GAZETT

ED

Page 63: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

23 S.I 784 MERCHANT SHIPPING

(LIABILITY AND

COMPENSATION)

REGUALTIONS 2012

NIMASA GAZET

TED

24 S.I 785 MARINE ENVIRONMENT

(SEA PROTECTION LEVY)

REGULATIONS, 2012

NIMASA GAZET

TED

25 S.I 786 MERCHANT SHIPPING

ACT 2007 (SEA DUMPING

REGULATIONS, 2012).

NIMASA GAZET

TED

Page 64: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

26 S.I 787 THE MERCHANT

SHIPPING

(DANGEROUS AND

NOXIOUS LIQUID

SUBSTANCES IN BULK)

REGULATIONS 2012

NIMASA GAZETTED

27 S.I 788 MERCHANT SHIPPING

(PREVENTION OF

POLLUTION BY

GARBAGE )

REGULATIONS, 2012

NIMASA GAZETTED

28 S.I 789 PETROLEUM ACT 2004

(PREMIUM MOTOR

SPIRIT (PRICE FIXING)

ORDER, 2012

FEDERAL

MINISTRY OF

PETROLEUM

RESOURCES

GAZETTED

Page 65: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

29 S.I 790 NIGERIA TAX PAYER

IDENTIFICATION NUMBER

REGULATIONS,

2012(FEDERAL INLAND

REVENUE SERVICE (

ESTABLISHMENT) ACT, 2007

FEDERAL

MINISTRY OF

FINANACE/

FIRS

FINALIZED

30 S.I 791 WEIGHT AND MEASURES ACT

2004 ( WEIGHTS AND

MEASURES (REPLACEMENT OF

FIFTH SCHEDULE) ORDER, 2012

FEDERAL

MINISTRY OF

TRADE AND

INVESTMENT

GAZETTED

31 S.I 792 WEIGHTS AND MEASURES

(LEGAL METROLOGY AND

RELATED SERVICES)

REGULATIONS 2012

FEDERAL

MINISTRY OF

TRADE AND

INVESTMENT

32 S.I 793 FIRE SERVICE ACT LFN 2004

NATIONAL FIRE SERVICE

CODE, 2013

MINISTRY OF

INTERIOR

FINALIZED

Page 66: #MP2013 Presentation of the Ministry of Justice

Table G: Summary of Statutory Instruments

Processed IN 2012

33 S,I 794 PERSONAL INCOME TAX

ACT 2004 (EXEMPTION OF

HOLDERS OF BONDS AND

SHORT TERM

GOVERNMENT

SECURITIES NOTICE, 2011

FEDERAL

MINISTRY

OF

FINANACE/

FIRS

FINALI

ZED

Page 67: #MP2013 Presentation of the Ministry of Justice

(g) Legal Advisory Services

The Ministry has continued to render quality legal

advice to MDAs in order to protect national

interest. During the period under review, the

Ministry through its Solicitors Department

received 15 requests for legal advice, vetted 85

Contracts/Agreements, held 21 reconciliation

meetings and processed 543 applications for

consent to incorporate under Part C of the

Companies and Allied Matters Act. Table H below

contains the details of the summary of the

activities of the Solicitors Department.

Page 68: #MP2013 Presentation of the Ministry of Justice

Table H: Summary of the Activities of the Solicitors

Department

S/N

Nature of the

applications received

No. of

Applicati

ons received

No. of

Applicati

ons treated

No. of

Approval

s Granted

Pending

Applications

1 Legal Advice to the FGN

15 15 15 -

2 Contract/Agreements from MDAs

85 85 85 -

3 Contracts/Agree

ments between

FMOJ and Contractors

21 21 21 -

Page 69: #MP2013 Presentation of the Ministry of Justice

Table H: Summary of the Activities of the Solicitors

Department

4 Negotiation

and

Reconciliatory Meetings

102 102 102 -

5 Consent of the

HAGF to

incorporate

under Part C CAMA

543 411 411 -

6 Approvals to

MDAs to Engage

External

Solicitors and

payments of their fees

249 249 249 -

7 Other Meetings

and Workshops attended

78 78 78 -

Page 70: #MP2013 Presentation of the Ministry of Justice

(h)Mainstreaming the Implementation of the

Freedom of Information Act, 2011

The National Assembly passed the Freedom

of Information Act (FOIA) in 2011with the

objective of promoting open government in

Nigeria. Its fair application and

implementation was made a strategic

objective in my Strategy For the

Implementation of Justice Sector

Reforms in Nigeria, which was launched

on 6th August 2011.

Page 71: #MP2013 Presentation of the Ministry of Justice

(h)Mainstreaming the Implementation of the

Freedom of Information Act, 2011

To ensure its implementation and in

fulfillment of my responsibilities under the

Act, I issued an Advisory Memorandum –

HAGF/MDAs/FOIA/2012/1 of 28th

January 2012 to all MDAs to sensitise them

on the new regime of open government and

their obligations under the Act. This was

followed by series of sensitization workshops

to engender understanding of the

prescriptions of the Act.

Page 72: #MP2013 Presentation of the Ministry of Justice

(h)Mainstreaming the Implementation of the

Freedom of Information Act, 2011

In furtherance of my responsibility to ensure the

implementation of the Act, I issued the

Guidelines on the Implementation of the

FOIA of 12th March, 2012 to assist public

institutions to interpret the Act, as well as

discharge their obligations. The feedback received

from the public encouraged us to embark on a

further review of the Guidelines, which has been

concluded and published as the Revised

Guidelines on the Freedom of Information

Act with the generous assistance of the United

Nations Development Programme (UNDP).

Page 73: #MP2013 Presentation of the Ministry of Justice

(h)Mainstreaming the Implementation of the

Freedom of Information Act, 2011

The Ministry has also co-hosted FOI Zonal

Workshops and trainings in Ekiti, Asaba and

Abuja. We have also created a website,

www.justice.gov.ng and dedicated contact

phone lines-08182429403, 080111004929

and 08106577514 to enable the general

public to engage with the Ministry on

matters related to the implementation of the

FOIA.

Page 74: #MP2013 Presentation of the Ministry of Justice

(h)Mainstreaming the Implementation of the

Freedom of Information Act, 2011

During the period under review, the Ministry

has submitted 3 Annual Reports (April 2011,

April 2012 and April 2013) to the National

Assembly on the implementation of the Act in

compliance with the Attorney General of the

Federation’s reporting obligations under the

Act. The cumulative effect of these measures

and efforts is to give effect to this

administration’s commitment to accountability

and transparency in Government.

Page 75: #MP2013 Presentation of the Ministry of Justice

(i) Compliance with Treaty Obligations

The Ministry continued to discharge its

function in order to enable Nigeria to comply

with her obligations under various

international legal instruments. The

Ministry hosted the 51st Session of the

Asian-African Legal Consultative

Organisation (AALCO) and the Chief

Prosecutor of the International Criminal

Court in Abuja during the period under

review.

Page 76: #MP2013 Presentation of the Ministry of Justice

(i) Compliance with Treaty Obligations

The ministry and its parastatals have also

been active in the work of the 6th Committee

of the United Nations General Assembly

(UNGA), the United Nations Convention

Against Corruption (UNCAC), United

Nations Convention on Transnational

Organised Crime (UNTOC) and the World

Intellectual Property Organisation(WIPO).

Page 77: #MP2013 Presentation of the Ministry of Justice

Investment Promotion and Protection Agreements

To give effect to government’s resolve to create an

enabling environment for the reception of foreign

investments, the Ministry in collaboration with

relevant MDAs are in the process of negotiating 9

Investment Promotion and Protection Agreements

(IPPAs). These are the IPPAs with Republic of

Austria, EU countries comprising Belgium, Czech,

Latvia, Lithuania, Croatia, Belarus; Canada,

Japan, Vietnam, Qatar, Indonesia, Iran and

Pakistan. Table H below contains a summary of

the IPPAs and the various stages of negotiation.

Page 78: #MP2013 Presentation of the Ministry of Justice

Table I- Summary of the IPPAs Negotiated or Signed

S/

N

COUNTRY DATE STATUS REMARKS

1 Republic of

Austria

March

2013

The IPPA has been

signed

The IPPA was duly

negotiated and signed

2 EU Countries

i) Belgium

ii) Czech

iii) Latvia

iv) Lithuania

v) Croatia

vi) Belarus

Negotiations are on-

going

With the review of the

Lisbon Treaty of 2007 in

2011 which stopped EU

countries from signing

individual IPPAS,

Nigeria was chosen as

one of the countries. The

member States could

negotiate with

individually, thus the

influx of requests.

3 Canada May

2013

1st Round negotiations

concluded

The 2nd Round

Negotiations will be

concluded in September

2013

Page 79: #MP2013 Presentation of the Ministry of Justice

Table I- Summary of the IPPAs Negotiated or Signed

4 Japan May 2013 Negotiations have been

reopened

Japan came with the

Liberalization Model

which is the new model

Agreement similar to the

USA Bilateral

Investment Agreement

(BIT) and the Canadian

model. They are ready to

reopen negotiations with

the FRN model after the

Organization for

Economic Cooperation

and Development

(OECD) model.

5 Vietnam April 2012 Negotiations are on-going First round negotiations

were concluded in 2012.

Grey areas raised during

the negotiations have been

reviewed. 2nd Round

negotiations are being

awaited.

Page 80: #MP2013 Presentation of the Ministry of Justice

Table I- Summary of the IPPAs Negotiated or Signed

6 Qatar Marc

h

2013

Drafts have

been

exchanged

7 Indonesia Octob

er

2012

Drafts have

been exchanged

8 Iran

9 Pakistan

Page 81: #MP2013 Presentation of the Ministry of Justice

During the period under review, the Ministry also

prepared 14 instruments of ratification to give

effect to Nigeria’s multilateral and bilateral

treaties/agreements. These include treaties,

conventions, optional protocols under various

United Nations, African Union and International

Labour Organization (ILO) and International

Telecommunication Union (ITU). The Bilateral

agreements are with Austria, South Africa and

Switzerland. This is in line with the Ministry’s

resolve to ensure timely compliance with

international treaty obligations. Table I below

shows the summary of the instruments prepared

from 2011 to date.

Page 82: #MP2013 Presentation of the Ministry of Justice

Table J- Summary of Instruments Prepared

S/

N

INSTRUMENTS ORGANIZATI

ON/COUNTRY

DATE

RATIFIED

1. Instrument of Accession

to the Convention on the

Reduction of

Statelessness

International

Labour

Organization

16th

September

2011

2. Instrument of Accession

to the Convention

Relating to the Status of

Stateless Persons

United Nations 16th

September

2011

3. Instrument of

Ratification of the

African Charter on

Democracy, Elections and

Governance

United Nations 1st December

2011

Page 83: #MP2013 Presentation of the Ministry of Justice

Table J- Summary of Instruments Prepared

4. Instrument of Ratification of

the African Union Convention

for the Protection and

Assistance of Internally

Displaced Persons in Africa

(Kampala Convention)

African Union 17th April, 2012

5. Instrument of Ratification of the

Instruments Amending the

Constitution of the International

Telecommunication Union

(Geneva, 1992) and the

Convention of the International

Telecommunication Union

(Geneva, 1992) as amended by the

Plenipotentiary Conferences

(Kyoto, 1994); Minneapolis, 1998),

adopted by the Plenipotentiary

Conferences (Marrakesh, 2002)

International

Telecommunications

Union

28th August, 2012

Page 84: #MP2013 Presentation of the Ministry of Justice

Table J- Summary of Instruments Prepared

6. Instrument of Accession to

the Convention on the

Prevention and

Punishment of Crimes

Against Internationally

Protected Persons including

Diplomatic Agents, New

York, 14 December, 1973

United Nations 7th September,

2012

7. Instrument of Declaration to

Article 3 (2) of the Optional

Protocol to the Convention on

the Rights of the Child on the

Involvement of Children in

Armed Conflict

United Nations 7th September,

2012

Page 85: #MP2013 Presentation of the Ministry of Justice

Table J- Summary of Instruments Prepared

8. Instrument of

Accession to the

Convention for the

Suppression of Acts

of Nuclear Terrorism

United

Nations

7th

September,

2012

9. Instrument of

Ratification on the

Arms, Trade Treaty

United Nations 31st May,

2013

10. Instrument of

Ratification of the

Maritime Labour

Convention 2006

International

Labour

Organisation

6th June,

2013

Page 86: #MP2013 Presentation of the Ministry of Justice

Table J- Summary of Instruments Prepared

8. Instrument of

Accession to the

Convention for the

Suppression of Acts

of Nuclear Terrorism

United

Nations

7th

September,

2012

9. Instrument of

Ratification on the

Arms, Trade Treaty

United Nations 31st May,

2013

10. Instrument of

Ratification of the

Maritime Labour

Convention 2006

International

Labour

Organisation

6th June,

2013

Page 87: #MP2013 Presentation of the Ministry of Justice

Table J- Summary of Instruments Prepared

INSTRUMENTS ORGANIZATION DATE SIGNED

11. Investment Promotion and

Protection Agreement (IPPA)

negotiated and concluded with

the Republic of Austria

Austria March 2013

12. Memorandum of

Understanding between the

Federal Republic of Nigeria

and the Republic of South

Africa on cooperation in the

Legal Field

South Africa 7th May, 2013

13. Readmission Agreement

between Nigeria and Austria

Austria 8th June, 2012

14 Migration Partnership between

Nigeria and Switzerland

Switzerland 14th February

2011

Page 88: #MP2013 Presentation of the Ministry of Justice

(j)Capacity Building for Effective Performance

In order to improve the quality of service

delivery, the Federal Ministry of Justice

embarked on a very ambitious human

resource development programme during

the period under review. A total of 486 Law

Officers and 1744 non Lawyers across the

entire strata of the Ministry received

training. The objective of the training was to

ensure that the staff remains focused and

motivated.

Page 89: #MP2013 Presentation of the Ministry of Justice

(j)Capacity Building for Effective Performance

This has greatly improved staff morale and

efficiency in the discharge of their duties.

Overall, the Ministry has become more

responsive to the requests for legal advice and

support services from the various MDAs. We

commend the British High Commission and the

United States Embassy for the support they

have given to Ministry in this regard. The Law

Reporting Department of the Ministry has also

sustained the publication of the Justice Journal

and the All Nigeria Law Reports.

Page 90: #MP2013 Presentation of the Ministry of Justice

PART IV: PARASTATALS

The activities of the 7 parasatals supervised

by the Federal Ministry of Justice are

discussed below.

National Drug Law Enforcement

Agency (NDLEA)

Government efforts at sustaining the

counter-narcotics and anti-money

laundering wars in the country have been

relentless in the face of ever growing

sophistication of the methods employed by

perpetrators.

Page 91: #MP2013 Presentation of the Ministry of Justice

PART IV: PARASTATALS

The Agency has maintained intensive and

extensive coverage of all the nooks and

crannies of the country despite numerous

challenges in order to ensure drug supply

and demand reduction in the country. In

the process, the de-listing of Nigeria from

the “Drug Major List “ by the Government of

the United States of American since 2009

still remains a remarkable achievement.

Page 92: #MP2013 Presentation of the Ministry of Justice

Arrests and Seizures

TABLE K: SEIZURES (KGS) FROM 2010

TO DATE – 607,104.27KGS

S/

N

TYPES OF DRUGS QUANTITY

1. Cocaine Seizures 1,249.12 kg

2. Heroin 442,862 kg

3. Cannabis Sativa 595,303.63 kg

4. Psychotropic Substances 9,805.012 kg

5. Methamphetamines 293.638 kg

Page 93: #MP2013 Presentation of the Ministry of Justice

TABLE L: ARRESTS AT THE SEAPORTS

YEAR WEIGHT SUBSTANCE COUNTRY

2011 110 kg Cocaine Bolivia

2011 165 kg Heroin Bolivia

2012 113.49 kg Heroin Pakistan

Page 94: #MP2013 Presentation of the Ministry of Justice

TABLE M: ARRESTS AND SEIZURES

BETWEEN 2011 AND 2012

Year Cannabis Cocaine Heroin Others Total Male Female Total

2011 191,847.91 410.81 39.75 2,985,447 195,283.9 8,072 567 8,639

2012 228,794.13 131.89 211.03 4,562.585 233,699.64 7,510 542 8,052

Total 420,642.04 542.70 250.78 7,548.032 428,983.54 15,582 1,109 16,691

Page 95: #MP2013 Presentation of the Ministry of Justice

TABLE N: PROSECUTION RECORDS

BETWEEN 2011 AND 2012

Year Convicted Acquitted Concluded Pending

2011 1,491 10 1,501 701

2012 1,720 18 1,738 660

Total 3,211 28 3,239 1,361

Page 96: #MP2013 Presentation of the Ministry of Justice

TABLE O: DDRD RECORD OF ACTIVITIES

BETWEEN 2011 AND 2012

Year Counseled Referral

s

Conclud

ed

On-

Going

2011 4,162 22 4,184 191

2012 4,136 22 4,158 142

Total 8,298 44 8,342 333

Page 97: #MP2013 Presentation of the Ministry of Justice

LEGAL AID COUNCIL

During the period under review, the Legal

Aid Council provided access to justice, and

legal representation in respect of criminal

and civil matters. It handled the following

cases:

NATURE OF

CASES

NUMBER OF

APPLICATIONS

RECEIVED

APPROVED

CASES

(GRANTED)

COMPLETED

CASES

Criminal 8730 8730 4868

Civil 1912 1912 1106

PDSS (Police

Duty Solicitor

Scheme)

2851 2851

TABLE: P

Page 98: #MP2013 Presentation of the Ministry of Justice

LEGAL AID COUNCIL

• The Council, in collaboration with the

NBA and Lawyers without Borders,

completed a three-year project on the UN

Convention Against Torture.

• It hosted a national conference in 2012,

tagged “Access to Justice in a Democracy”,

and held a Sensitization and Awareness

campaign on how to access the Council’s

services.

Page 99: #MP2013 Presentation of the Ministry of Justice

THE NIGERIAN LAW REFORM COMMISSION

The Commission received a total of 34 bills

and legal instruments, among which are:

i. A Bill for An Act to Prohibit Electronic

Fraud in All Electronic Transactions in

Nigeria and for related matters, 2010

ii. A Bill for An Act to Prohibit Kidnapping,

Hostage-Taking, Prescribe Punishment

for its contravention and other related

matters

Page 100: #MP2013 Presentation of the Ministry of Justice

THE NIGERIAN LAW REFORM COMMISSION

iii. Terrorism (Prevention) Bill, 2011

iv. Motion on the Plight of Persons Awaiting Trial

in Nigeria Prisons, 2012

v. The Tertiary Education Act (Amendment) Bill,

2012

vi. The Kidnapping and Hostage Taking

(Prohibition) Bill, 2011

Page 101: #MP2013 Presentation of the Ministry of Justice

THE NIGERIAN LAW REFORM COMMISSION

vii. A Bill for An Act to Amend the Money

Laundering (Prohibition) Act, 2011

viii. A Bill for An Act to Amend the Terrorism

(Prevention) Act, 2011

ix. The Penal Code (Northern States) Federal

Provisions Act (Amendment) Bill, 2012

x. The Criminal Code Act ( Amendment) Bill, 2012

xi. The Cyber Security Bill, 2012

Page 102: #MP2013 Presentation of the Ministry of Justice

NATIONAL AGENCY FOR THE PROHIBITION

OF TRAFFICKING IN PERSONS AND OTHER

RELATED MATTERS (NAPTIP)

The National Agency for the Prohibition of

Trafficking in Persons and Other Related Matters

(NAPTIP) has continued to record remarkable

achievements as it discharges its mandate in line

with the United Nations Convention on

Transnational Organized Crimes (UNTOC).

Page 103: #MP2013 Presentation of the Ministry of Justice

NATIONAL AGENCY FOR THE PROHIBITION

OF TRAFFICKING IN PERSONS AND OTHER

RELATED MATTERS (NAPTIP)

Current efforts at tackling Trafficking in Persons

(TIP) and Child Labour include:

Developing of a communication strategy aimed

at strategic public enlightenment initiatives;

Production of story books for children on human

trafficking;

Page 104: #MP2013 Presentation of the Ministry of Justice

NATIONAL AGENCY FOR THE PROHIBITION

OF TRAFFICKING IN PERSONS AND OTHER

RELATED MATTERS (NAPTIP)

Liaison with National Education Research

Development Council to integrate human

trafficking into the educational curriculum of

Nigerian schools;

Launching of the “I AM PRICELESS” campaign

in collaboration with UNODC in the framework

of the EU-sponsored 10th EDF project;

Page 105: #MP2013 Presentation of the Ministry of Justice

NATIONAL AGENCY FOR THE PROHIBITION

OF TRAFFICKING IN PERSONS AND OTHER

RELATED MATTERS (NAPTIP)

Stakeholders’ meetings and community

dialogues in six project states

Page 106: #MP2013 Presentation of the Ministry of Justice

TABLE Q: SUMMARY OF CONVICTIONS: 2011-

2013

S/N 2011 2012 2013 TOTAL

1. ABUJA 1 - 1 2

2. LAGOS 8 9 3 20

3. KANO 9 4 9 22

4. UYO - 4 - 4

5. BENIN 22 2 - 24

6. SOKOTO 6 1 2 9

7. ENUGU - 1 - 1

8. MAIDUGURI 4 2 - 6

TOTAL 50 23 15 88

Page 107: #MP2013 Presentation of the Ministry of Justice

TABLE R: Summary of Activities

NUMBER OF

TRAFFICKING

CASES

REPORTED

NUMBER OF

TRAFFICKING

CASES

INVESTIGATED

NUMBER OF

TRAFFICKING

CASES

SUCCESSFULLY

PROSECUTED

NUMBER OF

TRAFFICKING

VICTIMS

RESCUED

NUMBER OF

VICTIMS

REHABILITATE

D

982 982 23 179 179

Page 108: #MP2013 Presentation of the Ministry of Justice

NIGERIAN INSTITUTE OF ADVANCED LEGAL

STUDIES (NIALS)

The Nigerian Institute of Advanced Legal

Studies is Nigeria’s foremost institution for

legal research and advanced studies in law

and related disciplines. As the primary

source of information, training, research and

advice on legal matters in Nigeria, the

Institute published 37 books during this

period, and held several training

programmes on different aspects of the Law.

Page 109: #MP2013 Presentation of the Ministry of Justice

NIGERIAN INSTITUTE OF ADVANCED LEGAL

STUDIES (NIALS)

Student’s enrolment for this period

comprises 10 (LLM), 3 (Diploma), 8 (PhD) for

2010/2011; 9 (LLM), 8 (Diploma), 7 (PhD) for

2011/2012, and 14 (LLM), 11 (Diploma), 5

(PhD) for 2012/2013.

The research achievements of the Institute

are presented in the tables below.

Page 110: #MP2013 Presentation of the Ministry of Justice

TABLE S: RESEARCH ACCOMPLISHMENTS

2010 - 2013

S/N PROJECT DURATION

1. NIALS Annotation on

Banking Statutes

2010 Completed

2. NIALS Annotation on

Matrimonial Causes

2010 Completed

3. Restatement of Customary

Laws

2010-2013 Completed

4. Electoral Act Annotation 2010-2013 Ongoing

5. NIALS Annual Survey of

Laws

2013 Completed

Page 111: #MP2013 Presentation of the Ministry of Justice

TABLE S: RESEARCH ACCOMPLISHMENTS

2010 - 2013

6. Traditional Administartion

of Justice

7. CAMA Annotation 2012-2013 Ongoing

8. NIALS Dictionary of

Customary Law

2012 Completed

9. Evidence Annotation 2011- 2013 Ongoing

10. The Effect of Cost on the

Judicial System

2013 Ongoing

Page 112: #MP2013 Presentation of the Ministry of Justice

TABLE S: RESEARCH ACCOMPLISHMENTS

2010 - 2013

11. Review of Yobe

State Laws

2013

(9months)

Ongoing

12. Traditional

Administration of

Justice in Nigeria

2012- 2013

(9 months)

Completed

13. Nigeria’s Judicial

Performance

Evaluation 2008-2011

2012 Completed

Page 113: #MP2013 Presentation of the Ministry of Justice

TABLE T: STUDENT ENROLMENT INTO THE

AKINOLA AGUDA POSTGRADUATE SCHOOL

FROM 2011 - 2013

YEAR LL.M DIPLOMA Ph.D TOTAL

2011/2012 9 8 7

2012/2013 14 11 5

Total 23 19 12 54

Page 114: #MP2013 Presentation of the Ministry of Justice

TABLE U: INSTITUTE

COURSES/WORKSHOPS: 2011 – June 2013

S/N 2011 2012 2013

Training Workshop

on Nuclear, Law and

Regulation;

February, 2011

27th Course in

Drafting Commercial

Agreement and

Banking

Documentation;

March 2012

Specialized Judicial Track

Training Programme;

January2013

Drafting Commercial

Agreement &

Banking

Documentation;

Mar/April, 2011

Training Course for

Public Prosecutors;

April 2012

NIALS training Workshop

on Restatement of

Customary Law;

February 2013

Training Course for

Public Prosecutors;

April, 2011

Training Course on

Legislative Strategic

Planning and

Management;

May 2012

Nuclear Law;

February 2013

Page 115: #MP2013 Presentation of the Ministry of Justice

TABLE U: INSTITUTE

COURSES/WORKSHOPS: 2011 – June 2013

International

Training Course on

Digital Forensic

Advocacy;

April, 2011

Legal Writing Skills

for Layers;

May 2012

27th Course in Drafting

Commercial Agreement

and Banking

Documentation;

February/March 2013

Training Course of

Legal Writing Skills

for Lawyers;

May, 2011

African Regional

Course for Government

Legal Advisers/ Law

Officers;

May 2012

Training Course for Public

Prosecutors; March 2013

Government Legal

Advisers/Law

Officers Course;

May/June, 2011

International

Conference on Oil and

Gas Contract and

Dispute Resolution;

May 2012

NIALS/Nigerian Navy

Training Course on Military

Law;

March 2013

Page 116: #MP2013 Presentation of the Ministry of Justice

TABLE U: INSTITUTE

COURSES/WORKSHOPS: 2011 – June 2013

32nd National

Advanced

Course in

Practice and

Procedure;

November

Specialised

Trailor-made for

State Counsels

in the Federal

Ministry of

Justice;

December 2012

Page 117: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013

S/NO 2011 2012 2013

1. NIALS Journal of

Environmental Law;

Olanrewaju Fagbonhun

PHD (2011)

The Supreme Court

of Nigeria: 1990-

2012 ;Prof.

Epiphany Azinge &

Prof Paul Idornigie

2012

Legal Regime of

Free Trade Zone;

Prof. Epiphany

Azinge& Stella-

Maris Omo 2013

Page 118: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013

2. New frontiers Lecture:

The Future of

Administrative Law

and Good Governance

in Nigeria; Prof. Lorne

Sossin (2011

Legal Pluralism in

Africa: A

compendium on

African Customary

Law

Prof. Epiphany

Azinge& Prof Animi

Awah 2012

State of

Emergency in

Nigeria: Law and

Politics

; Prof. Epiphany

Azinge 2013

Page 119: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013

3. Administration of

Justice and Good

Governance in

Nigeria; Prof.

Epiphany Azinge

and Prof. D.

Adekunle (2011)

Fundamentals

of Legislative

Drafting Prof

Epiphany

Azinge&

Vivian Madu

2012

Legislating

For Good

Governance

Prof

Epiphany

Azinge&Adej

okeAdediran

2013

Page 120: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013

4 NIALS Journal Of

Supreme Court Review

;Prof. Epiphany Azinge

(2011)

Nigeria’s Legislative

Process

Prof Epiphany

Azinge& Suzie Ofunai

2012

Code of Good

Governance Prof

Epiphany

Azinge&AdejokeAde

diran 2013

5 The Lawyer That We Should

Be: Time to provide the legal

profession in Nigeria Oba

Nsugbe, QC, SAN FRSA

(2011)

Drafting Legislation in

Nigeria: Constitutional

Imperatives

Prof Epiphany

Azinge&NgoziNdombana

2012

Freedom of Protest

Prof Epiphany

Azinge& Lillian Uche

2013

Page 121: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013

6. Nigerian major Land

Reform and Adaptive

Strategies of Harnessing

its Social

Justice Objectives. Hon.

Justice I. A. Umezulike

(2011)

Political Financing

and Expenditure

Ceiling for 2011

Election

Prof Epiphany

Azinge

2012

NIALS Dictionary

of African

Customary Law

Prof Epiphany

Azinge & Oluchi

Nwakaego 2013

7. State of the Federation

Lecture: “To Have and to

Have Not”: Corruption,

Social Justice and

Transformation in

Contemporary Nigeria.

Humphrey Assisi Asobie

(2011)

Plea Bargain in

Nigeria: Law and

Practice

Prof Epiphany

Azinge& Laura Ani

2012

Nigeria: A Century

of Constitutional

Evolution 1914 –

2014 Prof Epiphany

Azinge 2013

Page 122: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013

8 Proceeds of crime in

Nigeria: Getting our

‘Act’ Right Adedeji

Adekunle (2011)

Competition Law

and Policy in

Nigeria

Prof. Epiphany

Azinge& Laura Ani

2012

Nigeria’s

Judicial

Performance

Evaluation 2008 -

2011 Vol 4.

Prof Epiphany

Azinge 2013

9 State of the Legal

profession in Nigeria

Akinlolu Olujinmi (2011)

Freedom of

Information Law and

Regulation in Nigeria

Prof Epiphany Azinge

& Dr. Fatima

WaziriAzi 2012

Legislative

Drafting and

Transformative

Laws

Prof Epiphany

Azinge&AdejokeAd

ediran 2013

Page 123: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013

10 The Right of Life under

the Nigerian

Constitution; the Law,

the courts and the

Reality Prof. J. Nnamdi

Aduba (2011)

Book of

Communiques

2012

Prof Epiphany

Azinge 2012

Law of Domestic

Violence in

Nigeria

Prof Epiphany

Azinge & Lillian

Uche 2013

11 NIALS Laws of Nigeria

(Annotated) Matrimonial

Causes Prof. Epiphany

Azinge SAN (2011)

Deregulation Law,

Economics and

Politics

Prof Epiphany

Azinge& Prof Bolaji

Owasanoye 2012

Page 124: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013

12 NIALS Laws of Nigeria

(Annotated) Banking

statutes Prof. Epiphany

Azinge SAN (2011)

Principles of

Negotiation and

Mediation

Prof. Epiphany Azinge

& Dr .Chinyere Ani

2012

13 NIALS Journal of Law and

Development Prof. E. Azinge,

Prof. N. Aduba

Prof. M. Ikhiariale, Prof. A.

Atsenuwa, Prof. D. Poopula

(2011)

Judicial Reform and

Transformation Agenda

Prof Epiphany Azinge&

Prof Dakas CJ Dakas

2012

14 Law and Security in Nigeria

Prof. E. Azinge, Fati Bello

(2011)

NIALS Journal of

Environmental Law Vol

1&2

Prof Lanre Fagbohun

2012

Page 125: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013 15 Rights of Persons with

Disabilities Prof. E. Azinge

and Dr.ChinyereAni (2011)

NALS Journal on

Health Law and

Policy

Prof Epiphany Azinge

& Dr. NkoliAniekwu

2012

16 NIALS Journal of Criminal

Law and Justice Prof

Epiphany Azinge 2011

NIALS Journal on Law

and Public Policy

Prof Epiphany Azinge &

Dr. AdebisiArewa 2012

17 NIALS Journal on

Business Law

Prof. Epiphany Azinge&

Prof Paul Idornigie 2012

Page 126: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013 18 NIALS Journal of

Law and

Development

Prof Epiphany Azinge

2012

19 NIALS International

Journal on Legislative

Drafting

Prof Epiphany Azinge

2012

20 NIALS Journal of

Maritime Law

Prof Epiphany Azinge

2012

Page 127: #MP2013 Presentation of the Ministry of Justice

TABLE V: INSTITUTE PUBLICATIONS: 2011 –

JUNE 2013

21 Cabotage Law Prof

Epiphany Azinge

&OsatoEruaga 2012

22 Justice, Security and

Women’s Helath: A

Global Perspective

Prof SussaneKarstedt

2012

Page 128: #MP2013 Presentation of the Ministry of Justice

COUNCIL FOR LEGAL EDUCATION

(NIGERIAN LAW SCHOOL)

Two new campuses came on board the Nigeria

Law School during this period, and are located

in Yenogoa, Bayelsa State, and Yola, Adamawa

State.

They are expected to take in 1, 500 students

each from the 2013/2014 academic session,

leading to an increase in the overall intake of

students by the School to 8,000. With this

development, the School can absorb all

graduating students from approved Law

faculties.

Page 129: #MP2013 Presentation of the Ministry of Justice

COUNCIL FOR LEGAL EDUCATION

(NIGERIAN LAW SCHOOL)

The School has undertaken a number of projects

geared towards providing conducive environment

for students. These projects include:

Water treatment and reticulation in Enugu

Campus;

Drilling of borehole and reticulation of plumbing

fixtures in Kano Campus;

Provision of Library books and periodicals in

Yenagoa and Yola campuses.

Page 130: #MP2013 Presentation of the Ministry of Justice

COUNCIL FOR LEGAL EDUCATION

(NIGERIAN LAW SCHOOL)

The Council has constituted a committee to

review the LL.B curriculum in faculties of

Law in Nigeria to meet the current needs of

the country. It has also cleared a backlog of

close to 10,000 students, which arose from

over-admission by some universities. In all,

4,532 lawyers were called to Bar in

2011/2012.

Page 131: #MP2013 Presentation of the Ministry of Justice

NIGERIAN COPYRIGHT COMMISSION

The Nigerian Copyright Commission (NCC)

established in August 1989, has continued to

carry out its statutory mandate of

administering, protecting, promoting,

enforcing and regulating copyright in

Nigeria.

Page 132: #MP2013 Presentation of the Ministry of Justice

Summary of Proactive Enforcement

Interventions

The Commission has in the course of its

proactive enforcement and prosecutorial

interventions, recorded the following

achievements꞉

Page 133: #MP2013 Presentation of the Ministry of Justice

Summary of Proactive Enforcement

Interventions

Total number of covert anti-piracy surveillance- 150

Total number of antipiracy raids - 117

Total number of suspected pirates arrested - 267

Total number of units of assorted pirated - 4,561,813

copyright works seized

Page 134: #MP2013 Presentation of the Ministry of Justice

Summary of Proactive Enforcement

Interventions

Estimated market value of pirated works seized

-N4,806,744,500

Total number of pirated works destroyed

- 722 million

Estimated market value of destroyed works

- N6.5billion

Total number of containers of pirated works seized

-16

Page 135: #MP2013 Presentation of the Ministry of Justice

Summary of Proactive Enforcement

Interventions

Drastic reduction in the level of piracy, resulting

in about 50% increase in the profit margin of

certain genuine investors in the copyright-based

industries, creation of employment and boost in

tax earning of government from the industry

practitioners

Favourable perception of Nigeria in the global

fight against copyright piracy.

Page 136: #MP2013 Presentation of the Ministry of Justice

TABLE W: CONVICTIONS BY THE COMMISSION FROM 2011 - 2013

2011 3

2012 26

2013 11

Total 40

Page 137: #MP2013 Presentation of the Ministry of Justice

Note ꞉ About 25% of the convictions were

prison sentences without the option of fine.

Promoting copyright knowledge

Trained 50 legal practitioners on copyright

practice

Trained 60 members of the press on the

basics of copyright

Conducted copyright sensitization

workshop for 800 secondary school students

in Abuja.

Page 138: #MP2013 Presentation of the Ministry of Justice

CONCLUSION

Page 139: #MP2013 Presentation of the Ministry of Justice

In conclusion, I would like to express my

Ministry’s gratitude to His Excellency,

President Goodluck Ebele Jonathan,

GCFR, for the immeasurable support and

encouragement we have received. Let me

also seize this opportunity to also

appreciate the vital role of the media in

publicizing the activities of the Ministry

and its parastatals.

Page 140: #MP2013 Presentation of the Ministry of Justice

This has continued to raise public

awareness of the concept and practice of

the Rule of Law and all its precepts, as

well as the role of the Ministry of Justice in

ensuring that government and the entire

citizenry respect and observe the Rule of

Law.

Page 141: #MP2013 Presentation of the Ministry of Justice

I thank you for your kind attention.