www.thejonathanreport.com

1. Federal Ministry of Justice
Minister: Mr. Mohammed Bello Adoke,
SAN, CFR
#TheJonathanReport

2. Table of Content-1
• Implementation of Justice Reforms
• Legal War Against Terror
• The Prevention of Terrorism Act 2011
• Amendments
• Nature of Civil Cases
• Reduction in the quantum of judgment debts obtained against MDAs
• Prosecution and Defence
• Timely and Efficient International Cooperation-1
• Timely and Efficient International Cooperation-2
• The Extradition Act CAP. E.25, LFN 2004
• Recovery of Stolen Assets
• From Policy to Legislation
• Freedom of Information Act, 2011-1
• Freedom of Information Act, 2011-2
• Capacity Building
• Nature of Criminal Cases
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3. Table of Content-2
• Petitions
• The Fight Against Corruption
• Legal Advice
• Legal Aid Council
• Treaties-1
• Treaties-2
• Investments
• NDLEA: National Drug Law Enforcement Agency
• NAPTIP: National Agency For The Prohibition Of Trafficking In Persons And
Other Related Matters-1
• NAPTIP: National Agency For The Prohibition Of Trafficking In Persons And
Other Related Matters-2
• Trafficking Cases
• NCC: Nigerian Copyright Commission-1
• NCC: Nigerian Copyright Commission-2
• Other Highlights
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4. Implementation of Justice Reforms
• Articulation of formal document titled
‘Strategy for the Implementation of Justice
Reforms in Nigeria’
• Inauguration of panel to ensure the
implementation of the 8-Point strategy
initiatives within a 24-month period.
• Institutionalization of reforms in the justice
sector aimed at improving access to justice
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5. Legal War Against Terror
• Link between money laundering and terrorist
financing led to the amendment of money
laundering legislation. Thus the Money
Laundering(Prohibition) Act of 2011.
• Later strengthened and amended as the Money
Laundering Act of 2013.
• The Complex Casework Group in the Department
of Public Prosecutions is currently undergoing
intensive training on the prosecution of complex
crimes such as terrorism, economic crimes and
corruption cases.
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6. The Prevention of Terrorism Act 2011
• Reform of criminal justice system with the establishment of
a Terrorism Offences Prosecution Office.
• Worked with relevant Government agencies, the United
Nations and our development partners to create the
Terrorism (Prevention) Act of 2011.
• New law provides measures for:
– The protection from terrorism
– The prohibition and combating of acts of terrorism
– The financing of terrorism in Nigeria
– The effective implementation of the Convention on the
Prevention and Combating of Terrorism and the Convention on
the Suppression of the Financing of Terrorism.
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7. Amendments
• The Federal High Court granted the Order, which has been
published as the Terrorism (Prevention) (Proscription Order) Notice,
No. 91 of 2013 which:
– declared the activities of JAMAATU AHLIS-SUNNA LIDDAAWATI
WALJIHAD and JAMA‘ATU ANSARUL MUSLIMINA FI BILADIS
SUDAN in any part of this country as terrorism and illegal
– proscribed the existence of the two organisations in any part of Nigeria
either in groups or as individuals by whatever names they are called
– 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.
• Amendment will make it possible to apprehend and punish members
of these groups for engaging in terrorist activities, as well as
confiscate any property connected to terrorist activities.
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8. Nature of Civil Cases
• Received about 539 civil cases between 2011-2013 with 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.
• Conclude over 86 matters in the domestic court
• Others were before the ECOWAS Community Court of Justice.
• Most cases concluded in favour of Government saving the government the
sum of N501, 278,765,770 in Suit No. ECW/CCJ/APP/ 03/ 11.
Incorporated Trustees of Miyetti Allah Kautal Hore Socio-cultural
Association V. Federal Government of Nigeria.
• Saved the government US$ 1 Billion (N158, 000,000,000) in Registered
Trustees of the Socio Economic Rights and Accountability Project
(SERAP) (Suit No. ECW/CCJ/APP/08/09)
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9. Reduction in the quantum of judgment debts
obtained against MDAs
• The Ministry verifies and authorizes payment of
judgment debts obtained against the government.
• Between 2011-2013 about 89 judgment creditors
were paid in accordance with the judgments
verified by the Presidential Committee on
Judgement Debt.
• Negotiations, which took place between the
Committee and the various judgment creditors,
led to the reduction of interest charged on the
judgment debt saving the Government N 13,
360,783,169.39.
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10. Prosecution and Defence
• Vigorous capacity building trainings
• Collaborated with Justice For All (J4A) and the International Centre
for Assest Recovery, Switzerland and other development partners to
organise capacity building workshop on Stolen Asset Recovery and
Management of Proceeds of Crime (October 2011).
• Benefited from capacity building trainings from, the British Council,
the United States Embassy, etc.
• As a result of training 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.
• Prosecutors Code of Conduct articulated to ensure the highest
professional and ethical standards in the discharge of their
prosecutorial duties and to imbibe best practices drawn from other
jurisdictions to guarantee fair conduct.
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11. Timely and Efficient International
Cooperation-1
• International cooperation is pivotal to global
action against organized crimes that transcend
national frontiers.
• Central Authority Unit was established under the
direct supervision of the Attorney General of the
Federation resulting in specialized training and
equipping of the unit for efficient and effective
performance, and timely response to requests for
cooperation.
• Gained support from the British Council and the
United States Embassy to strengthen the unit.
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12. Timely and Efficient International
Cooperation-2
• 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 new developments in the
area of international cooperation.
• Proposed a Mutual Legal Assistance in Criminal Matters
Bill, 2013 to bring our legislation in tandem with modern
trends and best practices. Will complement institutional
changes, particularly 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).
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13. The Extradition
Act CAP. E.25,
LFN 2004
Extradition Requests
Concluded &
surrendered
fugitives
Awaiting arrest
Pending in FHC
Court of Appeal
Forwarded to
other countries
Undergoing review to
conform to Nigeria’s
treaty obligations.
Extradition involves
the Judiciary so
requests for extradition
must be filed with the
Federal High Court for
a full process of
judicial review.
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14. Recovery of Stolen Assets
• Intensified its efforts to trace and repatriate Nigeria’s
stolen assets abroad.
• Maintained effective liaison and communication with
targeted jurisdictions to keep pace with asset recovery
proceedings.
• 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.
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15. From Policy to Legislation
• Undertaken through Legal Drafting Department.
• Made significant inputs to the current Constitution
Review process, especially the 2nd and 3rd Alteration
of the Constitution.
• Drafted several Executive Bills that were passed into
law by the National Assembly to give effect to
Government’s policy. E.g 12 Executive Bills were
processed and passed into law in 2011.
• Apart from legislation, 33 Statutory Instruments were
processed from 2011-2013. 18 have been gazetted, 13
are ready to be gazetted, while 1 is pending review by
the Ministry of Interior.
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16. Freedom of Information Act, 2011-1
• The National Assembly passed FOIA in 2011 with the objective of
promoting open government in Nigeria.
• Its fair application and implementation was made a strategic
objective in ‘Strategy For the Implementation of Justice Sector
Reforms in Nigeria’, launched on 6th August 2011.
• Issued an Advisory Memorandum –HAGF/MDAs/FOIA/2012/1 on
28th January 2012 to all MDAs to sensitise them on the new regime
of open government and their obligations under the Act.
• Ran a series of sensitization workshops to engender understanding
of the prescriptions of the Act.
• Issued the Guidelines on the Implementation of the FOIA of 12th
March, 2012 to assist public institutions to interpret the Act.
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17. Freedom of Information Act, 2011-2
• The feedback from the public encouraged the Revised Guidelines on
the Freedom of Information Act with the generous assistance of the
United Nations Development Programme (UNDP).
• Co-hosted FOI Zonal Workshops and trainings in Ekiti, Asaba and
Abuja.
• Created a website, www.justice.gov.ng and dedicated contact phone
lines-08182429403, 080111004929 and 08106577514 for the
general public to engage with the Ministry on matters related to the
implementation of the FOIA.
• Submitted Annual Reports 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.
• Organised a sensitization workshop (August 2011) on the
implementation of the Freedom of Information Act.
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18. Capacity Building
• Embarked on a very ambitious human resource
development programme improve quality of service
delivery. A total of 486 Law Officers and 1744 non
Lawyers across the entire strata of the Ministry
received training to ensure that the staff remains
focused and motivated. 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.
• Reduction in the number of cases farmed out to
external solicitors
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19. Nature of Criminal Cases
• Adoption of measures to improve on the administration of
criminal justice
• From 2011 to 2013 a total number of 75 cases of Terrorism
and Boko Haram insurgency were received and prosecuted.
• 16 have been concluded with 8 convictions. 35 were struck
out, most of the m because the accused persons had escaped
during the attack on prisons in Bauchi and Maiduguri.
• Total of 244 general offences, including culpable homicide,
rape, armed robbery and traffic offences, were handled.
• 15 cases have been concluded with 10 convictions, while
the remaining cases are at different stages of trial, namely
hearing, defence or ruling/judgment.
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20. Petitions
• From 2011-2013 total of 60 petitions
– breach of rights of citizens
– lack of action on criminal matters by the law
enforcement agencies
– requests for takeover of cases from the police for
lack of diligent prosecution
• All the petitions were promptly handled with
appropriate action taken to address them.
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21. The Fight Against Corruption
• Focal Ministry under the United Nations
Convention against Corruption
• Finalized and sent a holistic and inclusive
National Anti Corruption Strategy (NACS) to the
Federal Executive Council for approval, to fight
corruption in the country.
• Working with the Inter-Agency Task Team, civil
society and our development partners to strategies
appropriate Action Plans for all the agencies
involved in the war against corruption.
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22. Legal Advice
• Rendering quality legal advice to MDAs in
order to protect national interest.
• Between 2011-2013 the Ministry’s 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.
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23. Legal Aid Council
0
1000
2000
3000
4000
5000
6000
Criminal Civil Police
Duty
Solicitor
Scheme
Completed
Cases
Pending Cases
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.
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24. Treaties-1
• Hosted the 51st Session of the Asian-African
Legal Consultative Organisation (AALCO) and
the Chief Prosecutor of the International Criminal
Court in Abuja.
• 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).
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25. Treaties-2
• Prepared 14 instruments of approval to give effect to
Nigeria’s multilateral and bilateral treaties/agreements
including treaties, conventions, optional protocols
under various United Nations, African Union and
International Labour Organization (ILO) and
International Telecommunication Union (ITU).
• Bilateral agreements are with Austria, South Africa and
Switzerland.
• In line with the Ministry’s resolve to ensure timely
compliance with international treaty obligations.
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26. Investments
• Helping to create an enabling environment for
the reception of foreign investments.
• Collaborating with relevant MDAs are to
negotiate 9 Investment Promotion and
Protection Agreements (IPPAs) with Austria,
Belgium, Czech, Latvia, Lithuania, Croatia,
Belarus, Canada, Japan, Vietnam, Qatar,
Indonesia, Iran and Pakistan.
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27. NDLEA: National Drug Law
Enforcement Agency
• Relentless efforts to sustain counter-narcotics
and anti-money laundering wars in the face of
ever growing sophistication of the methods
employed by perpetrators.
• Maintained intensive and extensive coverage
across the country to ensure drug supply and
demand reduction in the country.
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28. NAPTIP: National Agency For The Prohibition Of
Trafficking In Persons And Other Related Matters-
1
• The NAPTIP has remarkable achievements as it
discharges its mandate in line with the United
Nations Convention on Transnational Organized
Crimes (UNTOC).
• Current efforts include:
• Communication strategy aimed at strategic public
enlightenment initiatives
• Educating children on human trafficking
• Integrating human trafficking into the educational
curriculum of Nigerian schools
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29. NAPTIP: National Agency For The Prohibition Of
Trafficking In Persons And Other Related Matters-
2
• Launch of the “I AM PRICELESS” campaign in
collaboration with UNODC in the framework of
the EU-sponsored 10th EDF project
• Launch of the “I AM PRICELESS” campaign in
collaboration with UNODC in the framework of
the EU-sponsored 10th EDF project
• Stakeholders’ meetings and community dialogues
in 6 project states
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30. Trafficking Cases
Pending
Prosecutors
Rescued and
Rehabilitated
Victims
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31. NCC: Nigerian Copyright
Commission-1
Proactive Enforcement of Copyright Laws:
• 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 pirated works seized
• - 4,561,813
• 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
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32. NCC: Nigerian Copyright
Commission-2
• Reduction in the level of piracy led to about 50%
increase in the profit margin for investors in copyright-
based industries, creation of employment and boost in
tax earning of government from the industry
practitioners.
• About 25% of the convictions were prison sentences
without the option of fine.
• 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.
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33. Other Highlights
• Drafting and gazetting of subsidiary
instruments to give effect to principal laws,
such as 8 Regulations on the proclamation of a
State of Emergency in 15 LGAs in December
2011.
• Initiatives to reform our Business and
Investment laws.
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