For the 2021 fiscal year, the Federal Ministry of Justice has suggested N2 billion to finance its legal services.
ThisDay announced that the Federation’s Solicitor-General, Mr. Dayo Apata (SAN), who claimed that the sum is too limited relative to what it is meant to do, said that civil litigation, prison decongestion, trial and prosecution of Boko Haram suspects, criminal justice system administration and payment for foreign legal duty are the legal services to be carried out by the ministry.
Appearing before the Senate Committee on Judicial, Legal and Human Rights Affairs in the company of the Attorney General of the Federation (AGF) MR. Abubakar Malami, on Monday November 9, Apata said about N350 million out of N2bn was budgeted for the trial and prosecution of offenders from Boko Haram to defend the ministry’s 2021 budget proposal.
Senate spokesperson and panel member Senator Ajibola Basiru, who noted that the capital budget also included some line items listed under overhead costs, asked the duo to duplicate items in the budget submitted. He added that the proposed N2 billion legal services are not sufficiently conclusive to make use of the Committee’s auditors for the purpose of carrying out oversight functions.
“Under overhead cost, you presented that the sum of N2 billion will be used to pay for the ministry’s legal services. And the legal services are listed to be civil litigation, prison decongestion, trial and prosecution of Boko Haram, administration of criminal justice system and payment for international legal obligations.
“There appears to be an overlap with what has been provided for the sum of about above N2 billion for generated items under overhead cost and some of the items listed as capital expenditure. For instance, there is a provision of N350 million for the administration of criminal justice in Page 4. What is the relationship between that N350 million budgeted and the projected sum under the heading of legal services in the overhead cost proposal?…
“The same thing with the issue of prison decongestion. If you look at the capital expenditure proposal, the sum of N380 million was highlighted for the prosecution of prison inmates and the decongestion of correctional centres nationwide. How much of that will then not be overlapped between what has been budgeted for over N2 billion as part of legal services?”
In response, the solicitor-general did not really explain the duplication but maintained that since 2015, the AGF office has done almost all the cases inside without going out for external applicants.
Apata, who also said that N2 billion was budgeted for a lot of expenses, further insisted that the Ministry of Justice was seeking to reduce the amount expended on civil litigation to the cheapest minimum.
“If we are looking at the N2 billion, it cannot be compared with what it is now saving from the government. Presently, from the last performance we had, we saved over N600 billion because we now do cases in-house. So, part of this N2 billion is essentially to get the lawyers…because all the cases are spread among the 36 states.
“On the trial and prosecution of Boko Haram, you will recall that last year, we had to create a jurisdiction in Kanji Dam in which 3000 inmates were prosecuted. How do you prosecute 3000 inmates in a place? We had to bring four judges from the federal high court, and pay the legal aides.
“When we look at the N2billion, it’s a tip of the iceberg of what it intends to do. Presently, there is a camp in Maiduguri which we are going for another prosecution. This is what the N2 billion is going to do. So, there is no overlapping.”
Nevertheless, the chairman of the panel, Opeyemi Bamidele, spoke with journalists, saying that the committee is interested in understanding how the 2020 budget was spent on the last kobo and also seeking reasons for what they are proposing for 2021.
On the proposed N2 billion, he said;
“There is a need for further explanation and documentation on the figure we have before us.
“The Boko Haram thing is a war of some sort being prosecuted by Nigeria. It is not just the ministry of justice, all of our armed forces, are doing a lot of extra-budgetary spending because when you are prosecuting a war you deal with situations as they arise.”
On the legality of the freezing of bank accounts of some #EndSARS promoters, Opeyemi said;
“I read about it in the news, and my committee is exactly interested in what is going on in this regard. But as it is I’m not in the position to either defend or explain in this regard because it came to us as news.”