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JUST IN: Supreme Court dismisses states’ suit challenging constitutionality of EFCC, others

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….. Strikes out FG’s preliminary objections

The Supreme Court of Nigeria on Friday dismissed a suit filed by 19 states challenging the constitutionality of the acts establishing the Economic and Financial Crimes Commission (EFCC) and two other anti-corruption agencies.

The suit, which was instituted against the Attorney-General of the Federation (AGF), argued that the establishment of these agencies was unconstitutional and infringed upon the powers of the states.

The plaintiffs had argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention against corruption that was reduced into the EFCC Establishment Act and that in enacting this law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.

They argued that, in bringing a convention into the Nigerian law, the provision of Section 12 must be complied with.

According to them, the provision of the Constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the convention in before passing the EFCC Act and others, which was allegedly never done.

While delivering judgement on Friday, Justice Uwani Abba-Aji, who led a seven-member panel of justices, ruled that “the EFCC Act, which is not a treaty but a convention does not need the ratification of the houses of assembly.”

“Let me first look at the constitutional provision. The plaintiffs rely on Section 12 of the constitution in their argument. Treaty is an agreement reached by two or more countries which has to be ratified.

“Convention: Conventions are agreed by a larger number of nations. Conventions only come into force when a larger number of countries agree.

“Therefore, the EFCC Act, which is not a treaty but a convention does not need the ratification of the houses of assembly.

A convention would have been ratified by members state and the NASS can make laws from it, which will be binding on all the states in Nigeria as it is the case of EFCC Establishment Act,” the Judge said.

The Supreme Court dismissed the suit in its entirety and resolved the case against the plaintiffs.

“In a country like Nigeria, the federating units do not have absolute power. The NFIU guideline is to present a benchmark and not to control the funds.

“Where an Act of law is made by NASS like the NFIU and its guideline, it is binding on all. Any act that has been competently enacted by the NASS cannot be said to be inconsistent.

“Where the NASS has enecated several laws on corruption, money laundering, etc, no state has the right to make law to compete with it.

The investigative power of the EFCC cannot be said to be in conflict with legislative powers of the state assembly.

“I must agree with the AGF that the plaintiffs’ argument, that is, the houses of assembly of the plaintiffs states is not tenable in law,” the Supreme Court added.

The Court ruled that the NFIU guideline had not contravened the provision of the constitution to manage the funds of their states and resolve the issues against the plaintiffs.

All other judges agreed with the lead judgment, saying all the issues raised in the states’ suit had no merit “and are accordingly dismissed.

“The Court had earlier dismissed all objections of the Federal Government to the suit filed by the states.

Justice Abba-Aji said the plaintiffs case was against the Attorney-General of the Federation and not any of the agencies mentioned, hence, the Supreme Court has jurisdiction to determine it.

“Since the AGF is assumed to be the chief law officer of the federation, he is by all means the proper and necessary party.

“The AGF has locus standi to institute action against any oneAnd the AGF can be sued in any civil matter against the government.

“It is clear that the Federal Government has legal tussle with the states based on the directive of the NFIU which the states are contending.

The preliminary objection is hereby dismissed,” he ruled. Reacting, the Counsel to Kogi State, Abdulwahab Mohammed, SAN, said, “This is an issue we have raised before the FHC, it was not addressed.

We raised it at the Appeal Court and was not addressed.

This is going to enrich our jurisprudence. We thank your lordship for hearing us out.

“Representative of the AGF, Rotimi Oyedepo, SAN, said, “We convey our gratitude to the court for your wisdom.

Your lordship has permanently settled the legality of the anti-corruption agency in fighting corruption.”

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JUST IN: Presidency Rejects Claims of Tinubu’s Upcoming US Trip

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The Presidency on Monday dismissed claims that President Bola Tinubu is set to visit the United States on Tuesday to meet with US Vice President J.D. Vance, describing the report as false and misleading.

Temitope Ajayi, the Senior Special Assistant to the President on Media and Publicity, said in a post on his official X handle that the report had sparked unnecessary speculation and “uninformed commentaries.” He clarified that if President Tinubu were to visit the White House, he would meet with President Donald Trump, not the Vice President.

“There’s a Sahara Reporters story that President Tinubu is going to the U.S. on Tuesday to see U.S. Vice President J.D. Vance. That story is not true. If President Tinubu is going to the White House, he won’t be going to see a Vice President,” Ajayi stated.

The clarification comes amid heightened international attention following allegations of persecution of Christians in Nigeria and a controversial statement by former US President Donald Trump. In a post on his Truth account over the weekend, Trump warned that the United States might “go in guns blazing” if Nigeria fails to halt attacks on Christians, threatening to stop aid and even engage militarily against perpetrators of violence.

Reacting to growing international concern, President Tinubu denied claims of a “Christian genocide” in Nigeria. In a statement via his X handle, he reaffirmed that the Nigerian Constitution guarantees freedom of religion and highlighted his administration’s ongoing efforts to foster interfaith dialogue and security across the country.

“Nigeria stands firmly as a democracy governed by constitutional guarantees of religious liberty,” Tinubu said. He emphasized that since taking office in 2023, his government has maintained active engagement with Christian and Muslim leaders alike, addressing security challenges that affect citizens across all regions and faiths.

Tinubu also rejected narratives portraying Nigeria as religiously intolerant, describing them as inaccurate and unreflective of the nation’s diverse population. He stressed that religious tolerance has always been central to Nigeria’s national identity and remains a core principle of his administration.

“The characterisation of Nigeria as religiously intolerant does not reflect our national reality, nor does it take into consideration the consistent and sincere efforts of the government to safeguard freedom of religion and beliefs for all Nigerians,” the President said.

In addition, Tinubu assured the international community of Nigeria’s commitment to collaborate with the United States and other partners in protecting citizens of all faiths. “Nigeria is a country with constitutional guarantees to protect citizens of all faiths. Our administration is committed to working with the United States government and the international community to deepen understanding and cooperation on the protection of communities of all faiths,” he stated.

The Presidency’s clarification underscores Nigeria’s stance on upholding religious freedom while also emphasizing that diplomacy—not confrontation—remains the cornerstone of its foreign policy. Officials stress that external reports should be carefully verified to avoid inflaming tensions or misrepresenting the country’s internal affairs.

This development comes amid heightened global scrutiny of Nigeria’s security situation, particularly regarding attacks in the country’s northern and central regions, and the political significance of Tinubu’s engagements with international partners.

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BREAKING: Protest Rocks PDP National Secretariat Abuja

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Abuja witnessed a tense standoff on Monday as supporters of the faction loyal to Peoples Democratic Party (PDP) National Vice Chairman (North Central), Mohammed Abdulrahman, stormed the party’s national secretariat at Wadata Plaza.

The group, chanting solidarity songs and waving party flags, demanded the immediate resignation of the National Working Committee (NWC) led by Umar Damagum, accusing the leadership of mismanaging party affairs.

Abdulrahman was recently appointed Acting National Chairman, following the suspension of the party’s National Secretary, Senator Samuel Anyanwu, and Legal Adviser, Kamaldeen Ajibade, for a period of one month. The suspension and leadership shuffle have escalated a brewing crisis within the party, raising fears of further fragmentation.

In a dramatic countermove, supporters loyal to Anyanwu convened at a separate location in Abuja and announced the suspension of the Damagum-led NWC, intensifying the internal power struggle.

Protesters at Wadata Plaza vowed to reclaim control of the secretariat for the Abdulrahman-led faction, warning that they would not back down until the NWC stepped aside.

Security forces have been deployed to the area to prevent clashes and ensure public safety, as both factions jostle for control of the party headquarters.

The leadership tussle exposes deep divisions within the PDP, which has long struggled to maintain cohesion amid internal rivalries and competing ambitions. Analysts say the ongoing crisis could have significant implications for the party’s unity and electoral prospects in upcoming elections.

Party members and stakeholders have called for dialogue and mediation to resolve the impasse peacefully, warning that continued unrest could damage the party’s image and weaken its political influence.

Further developments are expected as both factions continue their standoff at the national secretariat.

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LASTMA Clears Fallen Gas Tanker, Alerts Motorists to Traffic Delays

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The Lagos State Traffic Management Authority (LASTMA) has warned motorists of potential traffic disruptions on the Chisco–Victoria Island corridor due to the recovery of an upturned gas tanker following an accident earlier on Monday.

A notice from the agency, signed by Director of Public Affairs and Enlightenment, Adebayo Taofiq, said operatives and emergency responders are on-site and may temporarily close the main carriageway to ensure safety.

“In view of the ongoing operation, the entire main carriageway will be temporarily closed to traffic at any moment to allow for the safe, swift, and professional recovery of the gas tanker and to prevent any secondary incidents during the process,” Taofiq said.

Motorists have been urged to remain patient and follow diversion instructions from traffic officers. “Motorists are strongly advised to cooperate with LASTMA officials and other emergency responders as efforts are being made to complete the evacuation operation as quickly as possible and restore normal traffic flow,” the statement added.

LASTMA emphasized that the safety of road users remains a top priority for the Lagos State Government and promised to provide further updates once the recovery operation is completed.

The warning comes amid growing concerns over tanker accidents in Nigeria. On October 21, a similar incident in Niger State saw a tanker fall on its side, resulting in an explosion that killed several people and injured many others. Authorities have repeatedly urged caution around accident scenes to prevent such tragedies.

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