By Joseph OnyekwereBottom of Form 1
Attorney General of the Federation (AGF) and Minister of Justice, Mohammed Bello Adoke, has formally stepped into the prosecution of the Commissioner for Insurance, Mr. Fola Daniel, charged with the offence of abuse of office at the Federal High Court, Lagos.
At the last hearing of the matter, the prosecuting counsel, who is from the Office of the AGF, Mrs. C. Enembo, announced her appearance and informed the court that she has come to formally take over prosecution.
She explained to the court that the charge was filed by a private counsel who sought the fiat of the AGF to prosecute the matter but that the AGF instead, chose to do the prosecution, praying for a short adjournment to enable her study the file.
Alliance & General Insurance Plc (A&G) and its counsel, Chijioke Ndubuisi, had filed the charge at the Federal High Court, Lagos, and also applied to the AGF for a fiat to privately prosecute the commissioner.
A&G filed the action accusing the commissioner of breaching some sections of the Insurance Act 2003.
But counsel to the accused, Professor Taiwo Osipitan (SAN), prayed the court to strike out the charge. According to him, the charge does not exist because it was not properly filed. He insisted that on the basis of that, there is no charge which the AGF would take over, maintaining that for the fact that the application was addressed as "seeking the leave of the court to prosecute" which does not apply to the Federal High Courts, the charge is not existing.
He said: "Section 174 (1) is very clear on the power of AGF to take over prosecution that have been preferred by a private prosecution. But you cannot put something on nothing. There is no charge before the court that the AGF’s office has come to take over. There is no charge before the court the way it ought to be in a Federal High Court."
Ruling, Justice Ibrahim Buba said he shall give the prosecuting counsel opportunity to study the file and subsequently adjourned the matter to October 18 for hearing of pending applications.
The commissioner is facing a five-count charge bordering on alleged violation of Insurance Act, including presenting information to the Minister of Aviation to the effect that there is no subsisting court order prohibiting him against him (Daniel) from enforcing its regulatory functions, contrary to and punishable under Section 89 (1) and (2) of Insurance Act 2003.
He was also accused of informing the Director General of the Bureau of Public Procurement, by letter, that Fidelity Bond Group, which is not subject to insurance laws, committed infraction against the 1997 Insurance Act 2003 and that the method of transacting businesses of insurance company by A&G Insurance is hazardous to policy holders and potential clients.
The complainant contends that the information is false and is contrary and punishable under the same Section 89 of the Act.
He was further accused of informing the chairman of Revenue Mobilisation, Allocation and Fiscal Commission in August 2012 that Fidelity Bond Group and A&G Insurance have been prohibited from doing business while he was in the employ of National Insurance Commission.
Besides, he was alleged to have deliberately informed the officers of the Nigerian National Petroleum Corporation that A&G Insurance and Fidelity Bond had been barred and prohibited from transacting insurance businesses for infractions of insurance laws, in addition to informing the Economic and Financial Crimes Commission that A&G Insurance has no license to operate insurance business in Nigeria.
According to the charge, the alleged offences contravene Sections 89 (1) of the Insurance Act and punishable under Section 2 of the same Act.
The Guardian
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