We, the Body of Attorneys General of the States of the Federation (BAGS), convened our second meeting in Asaba between 30th November and 2nd December 2022. We affirmed our common position that federalism is a strategic compromise that divides powers and responsibilities between separate but equal government units.
Accordingly, it is our collective ability to drive policy innovation and accommodate a diversity of opinions that strengthens the unity of the Federal Republic of Nigeria.
Guided by this, our enduring ideals as coequal partners with the Federal Government of Nigeria, and by our commitment to advance the rule of law, we recognise and agree as follows:
1. The primary focus of the BAGS is to provide a forum for Chief Law Officers of the Federating States to cultivate knowledge, cooperate on concerns and coordinate actions to ensure obedience to the Constitution of the Federal Republic of Nigeria.
In addition, our advice is vital in assisting the interplay between the Federal, State and Local Governments for the overall benefit of Nigerians. Accordingly, we restate our commitment to establishing and maintaining the Body’s institutional legacy and relevance through:
- The formal registration of BOGS at the Corporate Affairs Commission.
- Establishing, staffing, and equipping a permanent Secretariat for BOAGS.
- The financial sustenance of BOGS through the payment of annual dues.
- Collegiality between and commitment from the State Attorneys General.
2. At its inaugural meeting in Lagos between 15th to 17th June 2022, BOAGS called on the Federal Government to cease any deductions from the States regarding the purported N418 Billion London/Paris Club Loan consultancy fee pending the final resolution of an appeal filed on behalf of the States.
We note with displeasure and unequivocally condemn the Federal Government’s issuance of promissory notes despite the subsistence of an Appeal on the matter. Accordingly, we call on the Federal Government to respect the Judicial process and immediately cease any further deductions to avoid imposing a fait accompli on the Court.
3.Regarding the payment of pensions and gratuity for retired State Judges, BAGS reaffirms that the responsibility falls to the Nabonal Judicial Council under secons 80, 81(3)(c), 84(1), (2), (4) and (7); 2nd Schedule, Part 1, Item 44; 3rd Schedule, , Part 1, Paragraph 21(e); and 3rd Schedule Part 2, Paragraph C of the 1999 Constitution. Therefore, those provisions must be fully obeyed and implemented.
4.Similarly, we note the absence of pools, betting, lotteries, gaming, and casinos in the exclusive and concurrent legislative lists. As such, these items are residual matters reserved exclusively for the States, outside the National Assembly’s legislative competence. Consequently, we agree to join the Government of Lagos State as co-plaintiffs in Suit No. SC. 1/2008 before the Supreme Court of Nigeria.
5.BAGS reiterates its position regarding the Constitutional powers of the Federating States to establish Anti Corruption bodies. The efforts by some States to establish State Anti-Corruption Commissions are commended, and all other States in the Federation are encouraged to follow suit.
6.BOAS commends the National Assembly for the recent round of proposed Constitutional amendments, many of which devolve powers from the Federal Government to the States. Devolubon ensures that decisions are made closer to the local people, communities, and businesses they affect. The result will be more effective, better targeted public services, greater growth and stronger partnerships between public, private and community leaders in the States. Accordingly, BOGS calls on all State Attorneys General that have not done so to advise their Houses of Assembly on each proposed amendment’s relative merits or demerits to facilitate informed decisions by the State Legislatures.
7.We reassert our invitation for all States to deploy appropriate technology in Court proceedings. We continue to commend inter-State collaboration in facilitating virtual hearings for police officers and witnesses outside the jurisdiction of the adjudicating Court. We also restate our commitment to knowledge-sharing and inter-State cooperation in establishing best practices in administering justice.
8.We note the existence in each State of a legislative framework for the administration of criminal Justice. Crimes committed within a State’s territory must be investigated and prosecuted in that State. Accordingly, we strongly condemn the transfer of criminal investigations from State Commands to the Force Headquarters for collateral and/or obstructive purposes – to either stifle the prosecution of criminal cases or as an avenue to intimidate or harass individuals in purely civil disputes.
9.We have observed the Federal Government’s incorrect distribution of funds derived from the Electronic Money Transfer Levy (EMT Levy) to the Federal, State and Local Governments.
While we commend the financial sustenance of Local Governments, we counsel against the disregard of Constitutional and statutory provisions. Neither section 163 of the 1999 Constitution nor section 89A of the Stamp Duties Act (SDA – introduced through section 48 of the Finance Act 2020) countenance the disbursement of the EMT Levy to the Local Governments.
On the contrary, the SDA provides a sharing formula for the revenue derived from the levy, with 15% of the revenue allocated to the Federal Government and Federal Capital Territory and the remaining 85% allocated to the State Governments. Therefore, we insist that each Federating State must receive 85% of the levy derived from that State as the law provides.
10. The BAGS commits to taking immediate steps to ensure that our Administration of Civil Justice Laws and procedures are strengthened, made more efficient or otherwise reformed to ensure speedy dispensation of justice and resolution of disputes, thus boosting the confidence of our citizens in the justice delivery system.
Efficient dispute resolution provisions also encourage foreign and local investors in the Nigerian economy. Therefore, we commit to implementing appropriate judicial reforms to remediate deliberate delays and preplanned clogs in the civil litigation process.
CONCLUSION.
The BAGS especially commends Mr. Isaiah Bozimo, the Hon. Attorney-General, and other Officials of the Delta State Ministry of Justice for their commitment and efforts in organising and ensuring that our second meeting was successful.
The BOGS further appreciates the conviviality and support of the Government and the People of Delta State of Nigeria.
Dated this 2nd day of December 2022 at Asaba, Delta State
Signed:
Mr. Moyosore Onigbanjo SAN.
Honorable Attorney-General Lagos State. Chairman
Dr. Abdulkarim A. Kana
Honorable Attorney-General.
Nasarawa State
Secretary
