justice presentation
TRANSCRIPT
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MINISTERIAL PLATFORM
FEDERAL MINISTRY OF JUSTICE
MID-TERM ACHIEVEMENTS
IN COMMEMMORATION OF THE 2ND
ANNIVERSARY OF PRESIDENT GOODLUCK
EBELE JONATHANS ADMINISTRATION
Presented by
MR. MOHAMMED BELLO ADOKE, SAN, CFR
Honourable Attorney General of the Federation
and Minister of Justice
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1. INTRODUCTION
Accountability of public officers andinstitutions is a key component of this
administrations 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 JonathansAdministration.
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INTRODUCTION
Let me start by expressing my deepappreciation to Almighty God for the rareprivilege of serving this great country duringthe period under review and His Excellency,
President Goodluck Ebele Jonathan, GCFR,for appointing me to this position of publictrust. I also commend Mr. Labaran Maku,the Honourable Minister of Information, for
providing a veritable platform for Ministersto engage with the Nigerian people on theactivities of their Ministries and parastatals,and for sustaining the vibrancy of thisplatform, since assumption of office.
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INTRODUCTION
The Federal Ministry of Justice is essentially aservice ministry established to provide legalsupport services to other Ministries,Departments and Agencies (MDAs) ofgovernment to enable them discharge their
statutory functions in line with the overall policythrust of this administration. Consequently, wehave remained focused in our collectiveendeavours to contribute our quota to therealization of the transformation agenda of thisadministration and have resolutely kept faithwith our vision to MakeJustice accessible toall, consistent with the ideals of Democracyand Rule of Law.
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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 Governments 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:
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PART I: CORE FUNCTIONS AND
ACTIVITIES OF THE MINISTRY
ensuring access to justice for all personsand the observance of the rule of law and
due process by all MDAs;
prosecuting crimes against the State anddefending civil cases on behalf of
Government;
negotiating and vetting Contracts/Agreements on behalf of MDAs in order to
protect national interest;
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PART I: CORE FUNCTIONS AND
ACTIVITIES OF THE MINISTRY
rendering timely quality legal advice andancillary services to MDAs through the pool
of Legal Advisers posted to them;
facilitating the early translation ofGovernment policies into legislation through
the Ministrys legal drafting function;
ensuring close collaboration with
stakeholders, government agencies, civil
society and the international community in
order to improve on justice delivery, and
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PART I: CORE FUNCTIONS AND
ACTIVITIES OF THE MINISTRY
advising government on its treatyobligations, in addition to other sundry
services to the legal profession.
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These functions are discharged through
Core departments in the Ministry, the
Legal Units domiciled in the various MDAswho act as representatives of the Attorney
General of the Federation within their
respective organizations and the liaisonoffices located in the six geo-political zones
of the country. The Ministry also
supervises the activities of the followingparastatals :
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Nigerian Law Reform Commission
Legal Aid Council
Council of Legal Education
National Drug Law Enforcement Agency
National Agency for the Prohibition ofTrafficking in Persons
Nigerian Institute of Advanced Legal
Studies
Nigerian Copyrights Commission; and
Regional Centre for International
Commercial Arbitration, Lagos.
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3. During the period under review, the
Ministry made significant improvement in itsservice delivery and recorded some milestones
in the discharge of its mandate. Most notable of
the achievements include:
improvement in the prosecution of crimes anddefence 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 (20112013)
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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 thejustice sector aimed at improving access
to justice;
Mainstreaming the implementation of theFreedom of Information Act;
PART II: ACHIEVEMENTS (20112013)
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Drafting of legislation in critical areas such
as the war against terror, money launderingand other economic crimes consistent with
Nigeriasinternational obligations;
timely and efficient internationalcooperation 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 (20112013)
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4. To engender appreciation of theprogress made in the areas mentioned
above, the activities of some of the
Ministrys professional departments and
units are discussed below in greater detail:
PART III- ELABORATION OF THE
MINISTRYSACHIEVEMENTS
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The major challenge with the prosecution ofthe 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 moraleand poor supervision. This had in the past
resulted in low percentage of cases that are
diligently prosecuted with adverseconsequences and in respect of civil matter,
the high percentage of judgment
debts/arbitral awards against MDAs.
(a)Prosecution of Crimes and Defence of
Cases
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To stem this tide, vigorous capacity buildingtrainings 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 abilitiesleading to more effective prosecution of criminal
cases and defence of civil matters.
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The Code of Conduct for Prosecutors hasbeen 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 drawnfrom 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.
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During the period under review, a total numberof 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 goodnumber 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 theyare apprehended.
Nature of the Criminal Matters handled
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In addition, a total of 244 general offences,
including culpable homicide, rape, armed robberyand 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 orruling/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 fastas we would desire. The absconding of some
accused persons who jumped bail also frustrated
many of the cases.
Nature of the Criminal Matters handled
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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 thepetitions 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 casesand petitions handled by the Ministry during the
period under review.
Petitions
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Table A: Nature of Criminal Cases and
Petitions handled
S/N Type ofCases Receiv-ed InCourt Convi-ctions Petiti-ons CasesConclud
-edCases/Petiti-
ons In
Progr-
ess1. Case
Files319 47 18 - 66 219
2. Petitions 60 - - 60 - -
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DISPOSITIONOFCIVILCASESHANDLED
The period under review, particularly Year2012, witnessed heightened litigations in the
Supreme Court, Court of Appeal, Federal High
Courts, the National Industrial Court and the
ECOWAS Community Court of Justice. TheMinistry received about 539 civil cases
bordering on different claims which included the
enforcement of Fundamental Human Rights
actions relating to title to land, wrongfultermination of appointments by various MDAs,
Constitutional questions, contractual matters
etc.
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DISPOSITIONOFCIVILCASESHANDLED
The Ministry was able to conclude over 86matters 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 ableto 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, SevenHundred and Seventy Naira) in Suit No.
ECW/CCJ/APP/ 03/ 11.
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DISPOSITIONOFCIVILCASESHANDLED
Incorporated Trustees of Miyetti AllahKautalHore 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 ofUS$ 1 Billion (N158, 000,000,000) that
would have been paid as damages.
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JUDGMENTDEBT
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 PoliceForce, the Economic and Financial Crimes
Commission and the Nigerian Bar Association
meets regularly under the chairmanship of the
Solicitor General of the Federation andPermanent Secretary, Federal Ministry of
Justice to verify and authorize payment of
judgment debts obtained against the
government.
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JUDGMENTDEBT
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 ofinterest 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 andSixty Nine Naira, Thirty-Nine Kobo). Table B
contains a summary of the civil cases handled by
the Ministry:
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TABLEB: NATUREOFCIVILMATTERSHANDLED
S/
NTYPES OF
MATTERRECEIV
EDRESOLUTION IN COURT ADR FINANCIAL VALUE
IN FAVOUR OF
NIGERIA
PENDING
NIGERI
AECOWA
SCONVICTIO
NN659, 278,765,770
1 LITIGATION 539 86 4532 ARBITRATIO
N28 10 18
3 NEGOTIATION
20 20
4 LEGALOPINIONS
335 335
5 DEBTJUDGEMENT
89N13, 360,783,169.39
6 REVIEW OFCASES
490 490
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(B) LEGALSUPPORTFORTHEWARAGAINSTTERROR
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 appropriatepenalties 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
governments obligation to provide security
and protect the lives and properties of its
people.
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(B) LEGALSUPPORTFORTHEWARAGAINSTTERROR
In response to these exigencies, the
Ministry worked assiduously in concertwith 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.
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(B) LEGALSUPPORTFORTHEWARAGAINSTTERROR
Furthermore, the nexus between money
laundering and terrorist financing madeit 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 resultedin the Money Laundering(Prohibition)
Act of 2011.
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(B) LEGALSUPPORTFORTHEWARAGAINSTTERROR
The weaknesses identified in the
Terrorism Prohibition Act of 2011 andthe 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 anappropriate legal framework for the war
against terror consistent with global
standards is put in place.
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(B) LEGALSUPPORTFORTHEWARAGAINSTTERROR
It will be recalled that recently, the
Office of the Attorney General of theFederation relied on the provisions of the
Terrorism Prevention Act No. 10 of 2011
as amended to seek the proscription of
JAMAATU AHLIS-SUNNA
LIDDAAWATI WALJIHADand
JAMAATU ANSARUL MUSLIMINA
FI BILADIS SUDAN in Nigeria.
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(B) LEGALSUPPORTFORTHEWARAGAINSTTERROR
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 twoassociations in any part of Nigeria either in
groups or as individuals by whatever names
they are called, and
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(B) LEGALSUPPORTFORTHEWARAGAINSTTERROR
(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.
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(B) LEGALSUPPORTFORTHEWARAGAINSTTERROR
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.
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(C) INTERNATIONALCOOPERATION
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 countriesin 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 andbureaucratic red tape, which often put the country
in default of her international obligations in this
respect.
( ) C
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(C) INTERNATIONALCOOPERATION
To address this challenge, the Central
Authority Unitwas established under thedirect supervision of the Attorney General of
the Federation during the period under
review. This has resulted in specialized
training and equipping of the unit forefficient and effective performance, and
timely response to requests for cooperation.
The Ministry is grateful to the BritishCouncil and the United States Embassy for
the support they have given to strengthen
the unit.
( ) I C
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(C) INTERNATIONALCOOPERATION
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 ofinternational 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.
( ) I C
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(C) INTERNATIONALCOOPERATION
The passage of the Bill into law will further
complement the institutional changes thatwe have made, particularly the workable
synergy with all the Competent Authorities
as well as other MDAs involved in the
execution of all forms of internationalcooperation in criminal matters to fast-track
the processing of requests for mutual legal
assistance (MLA). Table C below containsthe summary of the requests received and
the output of the Unit.
TABLE C MUTUAL LEGAL ASSISTANCE REQUESTS
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TABLEC: MUTUALLEGALASSISTANCEREQUESTS
HANDLED
Total
No. of
MLARequests
No. of
Requests
processedand
forwarded to
competent
authorities
forexecution
No. of MLA
requests
concludedand
forwarded
to
RequestingCountries
No. of
requests
underprocess
No. of MLA
Request
forwarded byNigeria to other
requestedCountries
119 68 19 30 12
TABLE C: MUTUAL LEGAL ASSISTANCE
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TABLEC: MUTUALLEGALASSISTANCE
REQUESTSHANDLED
The Extradition Act CAP. E.25, LFN 2004 that
governs extradition, another form of internationalcooperation, is undergoing review to bring it in
conformity with Nigeriastreaty obligations. Unlike
MLA, extradition is a process that involves the
Judiciary. Consequently all requests for extraditionmust 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.
TABLE D: EXTRADITION REQUESTS RECEIVED AND
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TABLED: EXTRADITIONREQUESTSRECEIVEDAND
PROCESSED
Total No.
ofExtraditio
nRequests
No. of
Requestsconcluded
and
fugitives
surrendere
d by
Nigeria
No. of Cases
underProcess
awaiting
arrest of
fugitives by
the law
enforcementauthorities
No. of
Requestspending
in the
Federal
HighCourts
No. of
Requests in the
Court ofAppeal
No. of
OutgoingRequests
forwarded
by Nigeria
to
Requested
Countries34 9 12 6 3 4
(D) STOLEN ASSETS RECOVERY
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(D) STOLENASSETSRECOVERY
During the period under review, the Ministry
intensified its efforts to trace and repatriate
Nigerias stolen assets abroad. In thisconnection we have maintained effective liaison
and communication with targeted jurisdictions
to keep pace with asset recovery proceedings in
those jurisdictions. In 2011, our close liaisonand 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.
( ) C S
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(E) COMPREHENSIVESTRATEGYTOFIGHT
CORRUPTION
The Ministry, in the discharge of its mandate asthe 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 thecountry. While the different anti-corruption
agencies have been doing a commendable job of
fighting corruption in the country, Nigerias
treaty obligations require her to have a NationalAnti-Corruption Strategy (NACS) that is holistic
and inclusive.
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During the period under review, the
Ministry has been working assiduously
with the Inter-Agency Task Team, civilsociety and our development partners to
articulate a Strategy with appropriate
Action Plans for all the agencies involvedin 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.
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As soon as the Stakeholder Validation
workshop scheduled for 18thof July 2013 is
held, the NACS will be finalized and sentto the Federal Executive Council for
approval as a policy document. This is to
give effect to this administrations zerotolerance for corruption and its
commitment to fighting corruption in all its
ramifications.
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The Ministry continued to improve on thedischarge 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 2ndand 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 Governments 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
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In 2012, out of the18 Executive Bills proposed, 10Bills 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 Eand Table F below contain a Summary
of the Bills processed by the Ministry of Justice.
(f)Translating Policy into Legislation
Table E- Summary of Bills Processed in 2011
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ab e Su a y o s ocessed 0S/N BILL
NUMBER
TITLE OF BILL INSTRUCTING AUTHORITY STATUSOF 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 PASSED4 FINANCIAL REPORTING COUNCIL OF NIGERIA BILL,
2011FEDERAL MINISTRY OF
FINANCEPASSED
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
EDUCATIONPASSED
8 FREEDOM OF INFORMATION BILL, 2011 FEDERAL MINISTRY OFJUSTICE
PASSED
9 SB 208 MONEY LAUNDERING (PROHIBITION) BILL, 2011 FEDERAL MINISTRY OFJUSTICE
PASSED
10 TERRORISM (PREVENTION) BILL, 2011 FEDERAL MINISTRY OFJUSTICE
PASSED
11 ELECTRORAL (AMENDMENT NO. 2) BILL, 2011 FEDERAL MINISTRY OFJUSTICE/ INEC
PASSED
Table F -Summary of Bills Processed in 2012
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yS/N BILL
NUMBE
R
TITLE OF BILL INSTRUCTINGAUTHORITY
STATUS OF BILL
1 BILL 732 UNIVERSITY OF LAGOS(AMENDMENT) BILL, 2012 FEDERALGOVERNEMENT Pending BeforeNASS
2 BILL 737 MUTUAL ASSISTANCE INCRIMINAL 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
COUNCIL4 BILL 719 Emergency Powers Bill, 2012 FEDERAL MINISTRY
OF JUSTICEUnder Review by
FMOJ5 BILL 720 Nigerian Police Act (Repeal and
Re-enactment) Bill, 2011THE NIGERIA
POLICE FORCEPending Before
NASS
Table F -Summary of Bills Processed in 2012
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y
6 722 A Bill For an Act to Amendthe Nigerian Law ReformCommission Act, 2012
LAW REFORMCOMMISSION Pending BeforeNASS
7 723 A Bill for an Act to amend theFederal High Court Act to makeprovision for increase in the
number of Judges of the FederalHigh Court (from 70 to 100)
FEDERAL HIGH
COURTPending Before
NASS
8 A Bill For An Act To Amend TheTerrorism (Prevention) Act, 2011
And For Other Related Matters
FEDERAL MINISTRYOF JUSTICE PASSED
10 A Bill for An Act To RepealTrafficking In Persons
(Prohibition) Law Enforcement
And Administration Act, 2003 As
Amended And To Enact The
Trafficking In Persons
(Prohibition), Enforcement AndAdministrative Act To Provide
Measures Against Trafficking
And Smuggling Of Persons AndRelated Matters, 2012
NAPTIP Pending BeforeNASS
11 Administration of CriminalJustice Bill, 2012 FMOJ Under Review byFMOJ
Table F -Summary of Bills Processed in 2012
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y12 Witness Protection Bill, 2012 FMOJ Under Review by
FMOJ13 Proceeds of Crimes Bill, 2012 FMOJ Under Review by
FMOJ14 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 AFFAIRSPending Before NASS
15 A Bill For An Act to ProhibitChemical 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
Table F -Summary of Bills Processed in 2012
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y
16 733 A Bill for an Act to amend theFederal 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 ForThe 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 ForThe 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
St t t I t t
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Statutory Instruments
Apart from legislation, the Ministry also
processed 33 Statutory Instruments duringthe period under review. Out of this
number, 18 have been gazetted, 13 are
ready to be gazetted, while 1 is pendingreview by the Ministry of Interior. Table G
below contains a summary of the Statutory
Instruments processed by the Ministryduring the period under review.
Table G: Summary of Statutory Instruments
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Table G: Summary of Statutory Instruments
Processed IN 2012S/N STATUTO
RY
INSTRUM
ENT
NUMBER
TITLE INSTRUCTIN
G
AUTHORITYSTATUS
1 S.I 909 IMPLEMENTATION OF STATE OFEMERGENCY IN SOME PARTS OF
THE FEDERATION.PRESIDENCY FINALIZE
D2 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 OFEMERGENCY IN CERTAIN LOCAL
GOVERNMENT AREAS OF THE
COUNTRY.
PRESIDENCY GAZETTED
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Table G: Summary of Statutory Instruments
Processed IN 2012
4 S.I 910 IMPLEMENTATION OFPRESIDENT WAIVER &EXEMPTION OF TAXES ON ALL
GOVERNMENT CORPORATE
SUB-NATIONAL AND OTHER
BODIES.
FEDERAL
MINISTRY OFFINANACE/
FIRS
FINALIZE
D
5 COMPANIES AND INCOME TAXACT LFN 2004 (COMPANIES
INCOME TAX EXEMPTION)
ORDER, 2012.
FEDERAL
MINISTRY OF
FINANACE/
FIRS
FINALIZE
D
6 NIGERIAN ELECTRICITYREGULATORY COMMISSION
(DISTRIBUTION AND RETAIL
MULTIYEAR TARIFF ORDER,2012
NERC FINALIZED
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Table G: Summary of Statutory Instruments
Processed IN 2012
7 CHARTERED INSTITUTE OFSTOCKBROKERS
DISCIPLINARY TRIBUNAL
(PROCEDURES) RULES 2012.
NERC FINALIZED
8 NIGERIAN ELECTRICITYREGULATORY COMMISSION
(FORUM RULES)
REGULATIONS, 2012.
NERC FINALIZED
9 FEDERAL INLAND REVENUESERVICE (ESTABLISHMENT)
ACT 2007. INCOME TAX
(TRANSFER
PRICING)REGULATIONS , 2012
FEDERAL
MINISTRY
OF
FINANACE/
FIRS
FINALIZ
ED
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Table G: Summary of Statutory Instruments
Processed IN 201210 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 TRAFFICREGULATIONS, 2012
FRSC FINALIZED
12 S.I 768 NIGERIAN ELECTRICITYREGULATORY
COMMISSION(METHODOLOG
Y FOR ESTIMATED BILLINGS)
REGULATIONS, 2012
NERC FINALIZED
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Table G: Summary of Statutory Instruments
Processed IN 2012
13 S.I 769 NIGERIAN ELECTRICITYREGULATORYCOMMISSION(METHODOLOGY
FOR THE DETERMINATION OF
CONNECTION CHARGES FOR
ELECTRICITY SUPPLY)
REGULATIONS, 2012
NERC FINALIZED
14 S.I 770 NIGERIAN ELECTRICITYREGULATORY COMMISSION
(INDEPENDENT ELECTRICITY
DISTRIBUTION NETWORKS)
REGULATIONS, 2012.
NERC FINALIZED
15 S.I 771 NIGERIAN ELECTRICITYREGULATORY COMMISSION
(ACQUISITION OF LAND AND
ACCESS RIGHTS FOR
ELECTRICITY PROJECTS IN
NIGERIA) REGULATIONS, 2012
NERC FINALIZED
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Table G: Summary of Statutory Instruments
Processed IN 2012
16 S.I 777 INLAND WATERWAYS ANDNON-CONVENTIONVESSELS SAFETY
REGULATIONS, 2012,
(MERCHANT SHIPPING
ACT, 2007).
NIMASA GAZETTED
17
S.I 778
THE MERCHANT SHIPPINGACT 2007, (LIABILITY AND
COMPENSATION )
REGULATIONS , 2012)NIMASA
GAZETTED
18 S.I 779 THE MERCHANT SHIPPING(ANTI FOULING
SYSTEMS)REGUALTIONS
2012
NIMASA GAZETTED
19 S.I 780 THE MERCHANT SHIPPING(BALLAST WATER
REGUALTIONS) 2012NIMASA GAZETT
ED
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Table G: Summary of Statutory Instruments
Processed IN 2012
20 S.I 781 MERCHANT SHIPPING(SEA DUMPING)
REGUALTIONS 2012NIMASA GAZET
TED21 S.I 782 MERCHANT SHIPPING
(PREVENTION OF
POLLUTION OF GARBAGE)REGULATIONS 2012
NIMASA GAZETTED
22 S.I 783 MERCHANT SHIPPING(PREVENTION OF
POLLUTION BY HARMFUL
SUBSTANCES IN
PACKAGED FORM)
REGULATIONS, 2012
NIMASA GAZETTED
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Table G: Summary of Statutory Instruments
Processed IN 2012
23 S.I 784 MERCHANT SHIPPING(LIABILITY AND
COMPENSATION)
REGUALTIONS 2012
NIMASA GAZETTED
24 S.I 785 MARINE ENVIRONMENT(SEA PROTECTION LEVY)REGULATIONS, 2012
NIMASA GAZETTED
25 S.I 786 MERCHANT SHIPPING
ACT 2007 (SEA DUMPING
REGULATIONS, 2012).NIMASA GAZET
TED
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Table G: Summary of Statutory Instruments
Processed IN 2012
26 S.I 787 THE MERCHANTSHIPPING(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
FEDERALMINISTRY OF
PETROLEUM
RESOURCES
GAZETTED
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Table G: Summary of Statutory Instruments
Processed IN 2012
29 S.I 790 NIGERIA TAX PAYERIDENTIFICATION NUMBER
REGULATIONS,
2012(FEDERAL INLAND
REVENUE SERVICE (
ESTABLISHMENT) ACT, 2007
FEDERAL
MINISTRY OF
FINANACE/
FIRS
FINALIZED
30 S.I 791 WEIGHT AND MEASURES ACT2004 ( 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 ANDINVESTMENT
32 S.I 793 FIRE SERVICE ACT LFN 2004NATIONAL FIRE SERVICE
CODE, 2013MINISTRY OF
INTERIORFINALIZED
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Table G: Summary of Statutory Instruments
Processed IN 2012
33 S,I 794 PERSONAL INCOME TAXACT 2004 (EXEMPTION OF
HOLDERS OF BONDS AND
SHORT TERM
GOVERNMENT
SECURITIES NOTICE, 2011
FEDERAL
MINISTRY
OF
FINANACE/
FIRS
FINALI
ZED
(g) Legal Advisory Services
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(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 reconciliationmeetings 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 theactivities of the Solicitors Department.
Table H: Summary of the Activities of the Solicitors
D
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Department
S/N Nature of the
applicationsreceivedNo. of
Applicationsreceived
No. of
Applicationstreated
No. of
ApprovalsGranted
Pending
Applications1 Legal Advice to
the FGN 15 15 15 -2 Contract/Agreem
ents from MDAs85 85 85 -
3 Contracts/Agreements between
FMOJ andContractors
21 21 21 -
Table H: Summary of the Activities of the Solicitors
D
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Department
4 Negotiationand
ReconciliatoryMeetings
102 102 102 -
5 Consent of theHAGF to
incorporate
under Part CCAMA
543 411 411 -
6 Approvals toMDAs to Engage
External
Solicitors andpayments oftheir fees
249 249 249 -
7 Other Meetingsand Workshopsattended
78 78 78 -
(h)Mainstreaming the Implementation of the
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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 strategicobjective in my Strategy For the
Implementation of Justice Sector
Reforms in Nigeria, which was launchedon 6thAugust 2011.
(h)Mainstreaming the Implementation of the
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Freedom of Information Act, 2011
To ensure its implementation and in
fulfillment of my responsibilities under the
Act, I issued anAdvisory Memorandum
HAGF/MDAs/FOIA/2012/1 of 28th
January 2012to all MDAs to sensitise themon the new regime of open government and
their obligations under the Act. This was
followed by series of sensitization workshopsto engender understanding of the
prescriptions of the Act.
(h)Mainstreaming the Implementation of the
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Freedom of Information Act, 2011
In furtherance of my responsibility to ensure the
implementation of the Act, I issued theGuidelines 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 RevisedGuidelines on the Freedom of Information
Act with the generous assistance of the United
Nations Development Programme (UNDP).
(h)Mainstreaming the Implementation of the
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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, 080111004929and 08106577514 to enable the general
public to engage with the Ministry on
matters related to the implementation of theFOIA.
(h)Mainstreaming the Implementation of the
f f A
http://www.justice.gov.ng/http://www.justice.gov.ng/http://www.justice.gov.ng/http://www.justice.gov.ng/http://www.justice.gov.ng/http://www.justice.gov.ng/http://www.justice.gov.ng/http://www.justice.gov.ng/ -
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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 theFederations reporting obligations under the
Act. The cumulative effect of these measures
and efforts is to give effect to this
administrations commitment to accountabilityand transparency in Government.
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(i) Compliance with Treaty Obligations
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The ministry and its parastatals have also
been active in the work of the 6thCommittee
of the United Nations General Assembly
(UNGA), the United Nations Convention
Against Corruption (UNCAC), UnitedNations Convention on Transnational
Organised Crime (UNTOC) and the World
Intellectual Property Organisation(WIPO).
Investment Promotion and Protection Agreements
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To give effect to governments resolve to create an
enabling environment for the reception of foreigninvestments, 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 andPakistan. Table H below contains a summary of
the IPPAs and the various stages of negotiation.
Table I- Summary of the IPPAs Negotiated or Signed
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S/
NCOUNTRY DATE STATUS REMARKS
1 Republic ofAustria
March
2013The IPPA has been
signedThe IPPA was duly
negotiated and signed2 EU Countries
i) Belgium
ii) Czech
iii) Latvia
iv) Lithuania
v) Croatia
vi) Belarus
Negotiations are on-
goingWith 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 May2013
1stRound negotiations
concludedThe 2ndRound
Negotiations will be
concluded in September
2013
Table I- Summary of the IPPAs Negotiated or Signed
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4 Japan May 2013 Negotiations have beenreopened
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 forEconomic Cooperation
and Development
(OECD) model.
5 Vietnam April 2012 Negotiations are on-going First round negotiationswere concluded in 2012.Grey areas raised during
the negotiations have been
reviewed. 2ndRound
negotiations are being
awaited.
Table I- Summary of the IPPAs Negotiated or Signed
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6 Qatar March
2013Drafts have
been
exchanged7 Indonesia Octob
er
2012Drafts have
been exchanged8 Iran9 Pakistan
D i th i d d i th Mi i t l
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During the period under review, the Ministry also
prepared 14 instruments of ratification to give
effect to Nigerias multilateral and bilateraltreaties/agreements. These include treaties,
conventions, optional protocols under various
United Nations, African Union and International
Labour Organization (ILO) and InternationalTelecommunication Union (ITU). The Bilateral
agreements are with Austria, South Africa and
Switzerland. This is in line with the Ministrys
resolve to ensure timely compliance withinternational treaty obligations. Table I below
shows the summary of the instruments prepared
from 2011 to date.
Table J- Summary of Instruments Prepared
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S/
NINSTRUMENTS ORGANIZATI
ON/COUNTRYDATE
RATIFIED1. Instrument of Accession
to the Convention on the
Reduction of
Statelessness
International
Labour
Organization16th
September
20112. Instrument of Accession
to the Convention
Relating to the Status of
Stateless Persons
United Nations 16thSeptember
20113. Instrument of
Ratification of the
African Charter on
Democracy, Elections and
Governance
United Nations 1stDecember2011
Table J- Summary of Instruments Prepared
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4. Instrument of Ratification ofthe African Union Convention
for the Protection and
Assistance of InternallyDisplaced Persons in Africa
(Kampala Convention)
African Union 17thApril, 2012
5. Instrument of Ratification of theInstruments Amending the
Constitution of the InternationalTelecommunication 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
28thAugust, 2012
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6. Instrument of Accession tothe Convention on the
Prevention and
Punishment of Crimes
Against Internationally
Protected Persons including
Diplomatic Agents, New
York, 14 December, 1973
United Nations 7thSeptember,2012
7. Instrument of Declaration toArticle 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 7thSeptember,2012
Table J- Summary of Instruments Prepared
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8. Instrument ofAccession to the
Convention for theSuppression of Acts
of Nuclear Terrorism
United
Nations7th
September,
20129. Instrument of
Ratification on theArms, Trade Treaty
United Nations 31stMay,2013
10. Instrument ofRatification of the
Maritime Labour
Convention 2006
International
Labour
Organisation6thJune,
2013
Table J- Summary of Instruments Prepared
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8. Instrument ofAccession to the
Convention for theSuppression of Acts
of Nuclear Terrorism
United
Nations7th
September,
20129. Instrument of
Ratification on theArms, Trade Treaty
United Nations 31stMay,2013
10. Instrument ofRatification of the
Maritime Labour
Convention 2006
International
Labour
Organisation6thJune,
2013
Table J- Summary of Instruments Prepared
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INSTRUMENTS ORGANIZATION DATE SIGNED11. Investment Promotion and
Protection Agreement (IPPA)
negotiated and concluded with
the Republic of Austria
Austria March 2013
12. Memorandum ofUnderstanding between the
Federal Republic of Nigeria
and the Republic of South
Africa on cooperation in the
Legal Field
South Africa 7thMay, 2013
13. Readmission Agreementbetween Nigeria and Austria
Austria 8thJune, 201214 Migration Partnership between
Nigeria and SwitzerlandSwitzerland 14thFebruary
2011
(j)Capacity Building for Effective Performance
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In order to improve the quality of service
delivery, the Federal Ministry of Justiceembarked 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 andmotivated.
(j)Capacity Building for Effective Performance
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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 theUnited 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 theAll Nigeria Law Reports.
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PART IV: PARASTATALS
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The Agency has maintained intensive and
extensive coverage of all the nooks andcrannies 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 DrugMajor List by the Government of
the United States of American since 2009
still remains a remarkable achievement.
Arrests and Seizures
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TABLE K: SEIZURES (KGS) FROM 2010
TO DATE607,104.27KGSS/
NTYPES OF DRUGS QUANTITY
1. Cocaine Seizures 1,249.12 kg2. Heroin 442,862 kg3. Cannabis Sativa 595,303.63 kg4. Psychotropic Substances 9,805.012 kg5. Methamphetamines 293.638 kg
TABLE L: ARRESTS AT THE SEAPORTS
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YEAR WEIGHT SUBSTANCE COUNTRY2011 110 kg Cocaine Bolivia2011 165 kg Heroin Bolivia2012 113.49 kg Heroin Pakistan
TABLE M: ARRESTS AND SEIZURES
BETWEEN 2011 AND 2012
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BETWEEN 2011 AND 2012
Year Cannabis Cocaine Heroin Others Total Male Female Total2011 191,847.91 410.81 39.75 2,985,447 195,283.9 8,072 567 8,6392012 228,794.13 131.89 211.03 4,562.585 233,699.64 7,510 542 8,052Total 420,642.04 542.70 250.78 7,548.032 428,983.54 15,582 1,109 16,691
TABLE N: PROSECUTION RECORDS
BETWEEN 2011 AND 2012
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BETWEEN 2011 AND 2012
Year
Convicted
Acquitted
Concluded
Pending
2011 1,491 10 1,501 7012012 1,720 18 1,738 660Total 3,211 28 3,239 1,361
TABLE O: DDRD RECORD OF ACTIVITIES
BETWEEN 2011 AND 2012
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BETWEEN 2011 AND 2012
Year
Counseled
Referrals Concluded On-Going
2011 4,162 22 4,184 1912012 4,136 22 4,158 142Total 8,298 44 8,342 333
LEGAL AID COUNCIL
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During the period under review, the Legal
Aid Council provided access to justice, andlegal representation in respect of criminal
and civil matters. It handled the following
cases:
NATURE OF
CASESNUMBER OF
APPLICATIONS
RECEIVEDAPPROVED
CASES
(GRANTED)COMPLETED
CASES
Criminal 8730 8730 4868Civil 1912 1912 1106PDSS (Police
Duty Solicitor
Scheme)2851 2851
TABLE: P
LEGAL AID COUNCIL
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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 Accessto Justice in a Democracy,
and held a Sensitization and Awareness
campaign on how to access the Councilsservices.
THE NIGERIAN LAW REFORM COMMISSION
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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 Punishmentfor its contravention and other related
matters
THE NIGERIAN LAW REFORM COMMISSION
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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
THE NIGERIAN LAW REFORM COMMISSION
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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
NATIONAL AGENCY FOR THE PROHIBITION
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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).
NATIONAL AGENCY FOR THE PROHIBITION
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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 humantrafficking;
NATIONAL AGENCY FOR THE PROHIBITION
O A C G SO S A O
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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 IAM PRICELESScampaign
in collaboration with UNODC in the frameworkof the EU-sponsored 10thEDF project;
NATIONAL AGENCY FOR THE PROHIBITION
OF TRAFFICKING IN PERSONS AND OTHER
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OF TRAFFICKING IN PERSONS AND OTHER
RELATED MATTERS (NAPTIP)
Stakeholders meetings and community
dialogues in six project states
TABLE Q: SUMMARY OF CONVICTIONS: 2011-
20 3
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2013
S/N 2011 2012 2013 TOTAL1. ABUJA 1 - 1 22. LAGOS 8 9 3 203. KANO 9 4 9 224. UYO - 4 - 45. BENIN 22 2 - 246. SOKOTO 6 1 2 97. ENUGU - 1 - 18. MAIDUGURI 4 2 - 6
TOTAL 50 23 15 88
TABLE R: Summary of Activities
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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
D982 982 23 179 179
NIGERIAN INSTITUTE OF ADVANCED LEGAL
STUDIES (NIALS)
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STUDIES (NIALS)
The Nigerian Institute of Advanced LegalStudies is Nigerias foremost institution for
legal research and advanced studies in law
and related disciplines. As the primarysource 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.
NIGERIAN INSTITUTE OF ADVANCED LEGAL
STUDIES (NIALS)
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STUDIES (NIALS)
Students enrolment for this periodcomprises 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.
TABLE S: RESEARCH ACCOMPLISHMENTS
2010 2013
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2010 - 2013
S/N PROJECT DURATION1. NIALS Annotation on
Banking Statutes2010 Completed
2. NIALS Annotation onMatrimonial Causes
2010 Completed
3. Restatement of CustomaryLaws 2010-2013 Completed
4. Electoral Act Annotation 2010-2013 Ongoing5. NIALS Annual Survey of
Laws2013 Completed
TABLE S: RESEARCH ACCOMPLISHMENTS
2010 2013
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2010 - 2013
6. Traditional Administartionof Justice
7. CAMA Annotation 2012-2013 Ongoing8. NIALS Dictionary of
Customary Law2012 Completed
9. Evidence Annotation 2011- 2013 Ongoing10. The Effect of Cost on the
Judicial System2013 Ongoing
TABLE S: RESEARCH ACCOMPLISHMENTS
2010 2013
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2010 - 2013
11. Review of YobeState Laws 2013(9months) Ongoing
12. Traditional
Administration of
Justice in Nigeria2012- 2013
(9 months)
Completed
13. Nigerias JudicialPerformance
Evaluation 2008-20112012 Completed
TABLE T: STUDENT ENROLMENT INTO THE
AKINOLA AGUDA POSTGRADUATE SCHOOL
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AKINOLA AGUDA POSTGRADUATE SCHOOL
FROM 2011 - 2013
YEAR LL.M DIPLOMA Ph.D TOTAL2011/2012 9 8 72012/2013 14 11 5Total 23 19 12 54
TABLE U: INSTITUTECOURSES/WORKSHOPS: 2011June 2013
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S/N 2011 2012 2013Training 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 2013Training Course for
Public Prosecutors;
April, 2011
Training Course on
Legislative Strategic
Planning and
Management;
May 2012
Nuclear Law;
February 2013
TABLE U: INSTITUTECOURSES/WORKSHOPS: 2011June 2013
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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 2013Training Course of
Legal Writing Skillsfor Lawyers;
May, 2011
African Regional
Course for GovernmentLegal 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 andGas Contract and
Dispute Resolution;
May 2012
NIALS/Nigerian Navy
Training Course on Military
Law;
March 2013
TABLE U: INSTITUTECOURSES/WORKSHOPS: 2011June 2013
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32nd National
AdvancedCourse in
Practice and
Procedure;
NovemberSpecialised
Trailor-made for
State Counsels
in the Federal
Ministry of
Justice;
December 2012
TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
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S/NO 2011 2012 20131. 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
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TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
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3. Administration ofJustice 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
EpiphanyAzinge&Adej
okeAdediran
2013
TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
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4 NIALS Journal Of
Supreme Court Review
;Prof. Epiphany Azinge
(2011)
Nigerias Legislative
Process
Prof Epiphany
Azinge& Suzie Ofunai
2012
Code of Good
Governance Prof
Epiphany
Azinge&AdejokeAde
diran 2013
5 The Lawyer That We ShouldBe: Time to provide the legal
profession in Nigeria Oba
Nsugbe, QC, SAN FRSA
(2011)
Drafting Legislation inNigeria: Constitutional
Imperatives
Prof Epiphany
Azinge&NgoziNdombana
2012
Freedom of ProtestProf Epiphany
Azinge& Lillian Uche
2013
TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
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6. Nigerian major Land
Reform and Adaptive
Strategies of Harnessingits Social
Justice Objectives. Hon.
Justice I. A. Umezulike
(2011)
Political Financing
and Expenditure
Ceiling for 2011Election
Prof Epiphany
Azinge
2012
NIALS Dictionary
of African
Customary Law
Prof Epiphany
Azinge & Oluchi
Nwakaego 2013
7. State of the FederationLecture: To Have and to
Have Not: Corruption,
Social Justice and
Transformation inContemporary 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
TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
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8 Proceeds of crime in
Nigeria: Getting our
Act RightAdedeji
Adekunle (2011)
Competition Law
and Policy in
Nigeria
Prof. Epiphany
Azinge& Laura Ani
2012
Nigerias
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
TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
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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 BolajiOwasanoye 2012
TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
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12 NIALS Laws of Nigeria(Annotated) Banking
statutes Prof. EpiphanyAzinge SAN (2011)
Principles of
Negotiation and
MediationProf. 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
TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
Ri h f P i h NALS J l
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15 Rights of Persons withDisabilities Prof. E. Azinge
and Dr.ChinyereAni (2011)NALS Journal on
Health Law and
Policy
Prof Epiphany Azinge
& Dr. NkoliAniekwu
2012
16
NIALS Journal of CriminalLaw and Justice Prof
Epiphany Azinge 2011
NIALS Journal on Lawand Public Policy
Prof Epiphany Azinge &
Dr. AdebisiArewa 2012
17 NIALS Journal onBusiness LawProf. Epiphany Azinge&
Prof Paul Idornigie 2012
TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
18 NIALS J l f
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18 NIALS Journal ofLaw and
Development
Prof Epiphany Azinge
2012
19 NIALS InternationalJournal on Legislative
Drafting
Prof Epiphany Azinge
2012
20 NIALS Journal ofMaritime LawProf Epiphany Azinge
2012
TABLE V: INSTITUTE PUBLICATIONS: 2011JUNE 2013
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21 Cabotage Law Prof
Epiphany Azinge
&OsatoEruaga 2012
22 Justice, Security andWomens Helath: AGlobal Perspective
Prof SussaneKarstedt
2012
COUNCIL FOR LEGAL EDUCATION(NIGERIAN LAW SCHOOL)
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Two new campuses came on board the Nigeria
Law School during this period, and are locatedin 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 thisdevelopment, the School can absorb all
graduating students from approved Law
faculties.
COUNCIL FOR LEGAL EDUCATION(NIGERIAN LAW SCHOOL)
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The School has undertaken a number of projects
geared towards providing conducive environmentfor 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.
COUNCIL FOR LEGAL EDUCATION(NIGERIAN LAW SCHOOL)
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The Council has constituted a committee to
review the LL.B curriculum in faculties ofLaw in Nigeria to meet the current needs of
the country. It has also cleared a backlog of
close to 10,000 students, which arose fromover-admission by some universities. In all,
4,532 lawyers were called to Bar in
2011/2012.
NIGERIAN COPYRIGHT COMMISSION
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The Nigerian Copyright Commission (NCC)
established in August 1989, has continued tocarry out its statutory mandate of
administering, protecting, promoting,
enforcing and regulating copyright inNigeria.
Summary of Proactive Enforcement
Interventions
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Interventions
The Commission has in the course of itsproactive enforcement and prosecutorial
interventions, recorded the following
achievements
Summary of Proactive Enforcement
Interventions
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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
Summary of Proactive Enforcement
Interventions
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te ve t o s
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
Summary of Proactive Enforcement
Interventions
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Drastic reduction in the level of piracy, resultingin 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 industrypractitioners
Favourable perception of Nigeria in the global
fight against copyright piracy.
TABLE W: CONVICTIONS BY THE COMMISSION
FROM 2011 - 2013
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2011
3
2012 262013 11Total 40
Note About 25% of the convictions were
prison sentences without the option of fine.
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prison sentences without the option of fine.
Promoting copyright knowledge
Trained 50legal practitioners on copyright
practice
Trained 60members of the press on the
basics of copyright
Conducted copyright sensitization
workshop for 800secondary school students
in Abuja
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CONCLUSION
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In conclusion, I would like to express my
Ministrys gratitude to His Excellency,
President Goodluck Ebele Jonathan,
GCFR, for the immeasurable support and
encouragement we have received. Let mealso seize this opportunity to also
appreciate the vital role of the media in
publicizing the activities of the Ministryand its parastatals.
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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 entirecitizenry respect and observe the Rule of
Law.
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I thank you for your kind attention.