It is both troubling and embarrassing that Yakubu Maibindiga, the Commissioner of Information in Kebbi State, would publicly exhibit such a gross misunderstanding of basic constitutional roles and functions within the Nigerian federation. His recent article attacking the former Attorney General of the Federation (AGF), Abubakar Malami, and peddling uninformed innuendoes as “investigations” is not only legally hollow but betrays a disturbing ignorance of how government functions — especially at the federal level.
Let us dismantle the fallacies and educate Mr. Maibindiga, because clearly, Kebbi State may be running on a deeply flawed interpretation of governance.
1. The AGF Does Not Control Federal Finances
First, and for emphasis: The Attorney General of the Federation (AGF) does not award or pay contracts. He is the chief legal adviser to the federal government, not the custodian of the national treasury.
Let us cite the law directly:
Section 150(1) of the 1999 Constitution (as amended) states:
“There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation.”
His job is to advise and defend — not to sign cheques.
Payments of federal funds are constitutionally and administratively the responsibility of:
The Minister of Finance
The Accountant-General of the Federation
The Director-General of the Budget Office
And ultimately, the Federal Executive Council (FEC) through procurement approvals.
If Mr. Maibindiga believes the AGF has powers to unilaterally pay $496 million or sign off $419 million in judgment debts, then one must wonder what constitutional textbook he’s reading — if any.
2. Misunderstanding of Legal Settlements and Consent Judgments
The AGF, like every law officer globally, is empowered to negotiate legal settlements on behalf of the government. These settlements — such as the Sunrise Power case or the Global Steel/Ajaokuta resolution — are reached through:
Court proceedings
Arbitration panels
Multilateral negotiations
Approvals from the President and the FEC
To claim that Malami “mysteriously” paid Global Steel is lazy journalism. In 2016, the company secured a court ruling from the International Chamber of Commerce (ICC) in Paris, awarding them damages for breach of contract. That dispute dates back to the Yar’Adua and Jonathan administrations, and Malami inherited the fallout.
So yes — Nigeria faced international legal consequences. And Malami, within the scope of his office, negotiated a structured settlement to avoid costlier damages. But he did not disburse the funds. That task, by law, would fall under the Debt Management Office (DMO) and Ministry of Finance, subject to National Assembly appropriation.
You may wish to note that it is on record that malami freed Ajaokuta steel from decades litigations at a fraction cost and set Nigeria on the path of industrialization by the act of incidental settlement
3. Forfeited Assets and EFCC: Let’s Educate Maibindiga
On the issue of managing forfeited assets, the AGF does not auction houses or cars. The EFCC and ICPC are empowered by their respective Acts to administer and dispose forfeited assets through an executive Act drafted and processed for assent by Malami as the Attorney General. The law brought about desired transparency in management and disposal of assets.
Again: no money touches the AGF’s table.
All proceeds of government auctions are lodged into assets recovery accounts handled by the Federal Ministry of Finance, Budget and National Planning and office of the accountant general of the federation. Malami was never a signatory.
4. The Paris Club Refund: Another Red Herring
The $419 million Paris Club legal fees controversy is not new. It predates Malami’s appointment and stems from consultants hired by the Nigerian Governors’ Forum (NGF). Those same governors — including Kebbi State — signed off on these purported shady arrangements with middlemen. Malami, as AGF, only became involved when judgment creditors took Nigeria to court and sought enforcement against federal government assets and its institutions inclusive of he central bank of Nigeria.
Instead of questioning those who hired the consultants (many of whom are former governors now in the Senate), Mr. Maibindiga would rather attack the AGF who tried to clean up the mess, save the central bank, federal government local and international assets from attachments in execution of the judgments and minimize damages through negotiations. Clear exhibition of misconceptions of law and process.
Malami deserves commendation and was accordingly commended with prestigious award of CON honors
5. Abacha Loot: Fabricating Duplications That Don’t Exist
The allegation of duplicated legal fees in the $321 million Abacha loot is another distortion. The repatriation process involved:
The Swiss Government
The World Bank
The Federal Government of Nigeria
International legal firms and monitors, and
Civil society organizations as monitors of transparency and accountability
All fees were declared, vetted, and monitored through a Tripartite Agreement. The Swiss Embassy, World Bank and Nigerian Ministry of Finance issued joint communiqués on this. No “duplication” was flagged by any auditor — including Nigeria’s Auditor-General.
The process brokered by malami earned Nigeria a global reputation in assets recovery and management.
6. Kebbi’s AG vs Nigeria’s AGF: Know the Difference
It’s now clear that the Kebbi State government — if Mr. Maibindiga’s logic holds — may be misusing the office of its Attorney General. If Kebbi’s AG is awarding contracts, paying vendors, or managing asset sales, then the EFCC should turn its radar to Birnin Kebbi immediately.
This federal confusion is dangerous. Perhaps this is how contracts disappear in Kebbi, but at the federal level, we have checks, due process, and laws that were diligently observed while Malami was in office.
Malami’s records were clear and they earn him commendations and not condemnations.
Maibinga should please sheath his sword and hold his gun. It is an empty gun devoid of bullets 😀😀😀
Final Word: Stick to Propaganda, Leave Law to Professionals
Mr. Maibindiga’s publication is not investigative journalism. It is a hatchet job laced with half-truths and juvenile logic. It is a disservice to the people of Kebbi and a dangerous politicization of legal processes.
If there are questions to ask of any former public official, let them be raised through proper legal channels — not through the pen of a Commissioner desperate for political relevance or seeking to deflect attention from the rot in his own backyard.
📦 BOX-OUT: KNOW YOUR FACTS
🔍 Understanding the Role of the Attorney General of the Federation (AGF)
Contrary to widespread misconceptions, the AGF does not:
❌ Award government contracts
❌ Approve or disburse public funds
❌ Manage seized assets or auction forfeited properties
❌ Execute financial transactions or sign off payments
✅ What the AGF Actually Does (Constitutionally):
Chief Law Officer of the Federation (Section 150, CFRN 1999)
Provides legal advice to the President and MDAs
Oversees public prosecutions through the Department of Public Prosecutions
Represents Nigeria in local and international litigations
Reviews and vets contracts, MoUs, and legal agreements on behalf of the Federal Government
Engages in legal settlements only after obtaining approval from relevant authorities
💡 Payment of Government Funds is Handled by:
Minister of Finance
Accountant-General of the Federation
Federal Executive Council (FEC)
Appropriation by the National Assembly
🧾 Legal Backing:
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
Public Procurement Act, 2007
EFCC Act, 2004
Fiscal Responsibility Act, 2007
Bottom line: The AGF is a legal adviser, not a financial administrator. Anyone suggesting otherwise is either misinformed or playing politics.
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Opinion