Justice Presentation

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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

    Table G: Summary of Statutory Instruments

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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

    Table G: Summary of Statutory Instruments

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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

    Table G: Summary of Statutory Instruments

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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

    Table G: Summary of Statutory Instruments

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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

    Table G: Summary of Statutory Instruments

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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

    Table G: Summary of Statutory Instruments

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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

    Table G: Summary of Statutory Instruments

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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

    Table G: Summary of Statutory Instruments

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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

    Table G: Summary of Statutory Instruments

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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

    Table G: Summary of Statutory Instruments

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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

    Table J- Summary of Instruments Prepared

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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.