AGF Office Not Responsible For Effecting Whistleblower’s Payment ― Malami
The Office of the Attorney-General of the Federation (AGF) and Minister of Justice on Sunday said it is not responsible for effecting whistleblower’s payment.
According to a statement by the ministry made available to the media by Dr Umar Gwandu, the Special Assistant to the Minister of Justice, Abubakar Malami on Media and Public Relations, the Ministry of Finance is saddled with the responsibility of effecting whistleblower’s payment.
Clarifying the procedure for engagement of a whistleblower or recovery agent as it relates to the Office of the Attorney-General of the Federation, the ministry said; ‘`A Proposal is submitted to the Office of the Attorney-General of the Federation, a Letter of engagement is issued to a whistle-blower or recovery agent where the disclosure is assessed to have some prospects of success.
“The recovery agent or whistle-blower is expected to notify in writing the acceptance of the engagement.
“The recovery agent or whistleblower is expected, upon acceptance, to not only trace the assets but recover same and have it deposited in a designated asset recovery account maintained by the federal government in the Central Bank which is usually provided to the recovery agent in writing’’.
He added that where these funds are eventually claimed to have been lodged by a whistle-blower or recovery agent, the Central Bank issues acknowledgement of receipt of the fund to the Office of Attorney-General on demand.
“It is the satisfaction of the above elements that entitles the whistle-blower or a recovery agent to a claim of success fee and the payment is usually effected by the Federal Ministry of Finance and not the Office of the Attorney-General of the Federation.
“The role of the Office of the Attorney-General, in essence, is simply that of processing the above-listed documents to the Ministry of Finance which is the ministry saddled with the responsibility of effecting payment’’.
Malami explained further that recovery is not about exposing the existence of certain assets in an account purported to have belonged to an agency of the government.
“It is about establishing that the funds in the account are looted assets or illegitimately warehoused and following that up with actual recovery and lodgement of the funds in the designated Asset recovery account through judicial and extrajudicial means.
“Entitlement to recovery fees is for all intent and purposes contingent on lodgement of the purported/exposed assets constituting the subject of recovery into the Federal Government Recovery designated Account.
“This account is maintained at the instance of the President at the Central Bank of Nigeria and the details of the account are contained in the engagement letter.
“The agreed remuneration shall become due and payable to the whistle-blower within thirty (30) days of the receipt of the recovered/looted funds by the Federal Government of Nigeria and payment shall be made to the designated/nominated account provided in writing by the whistle-blower’’.
Malami advised that if the whistleblower in the circumstances of this case feels strongly that there is any claim of wrongdoing associated with the alleged claim relating to the recovery process, the whistle-blower should consider lodging a complaint with the relevant institutions of his choice for the matter to be properly investigated and or consider a judicial redress in the alternative.
“The claim by the whistle-blower, as published by the newspaper, that the Office of the Attorney-General of the Federal cajoled them into signing of an agreement forfeiting sixty percent of the whistle-blower fees amounts to criminal allegation which the whistle-blower is encouraged to lodge a complaint about before the appropriate law enforcement agencies for full-scale investigation’’.
