News
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.”
Crime
Alleged money laundering: Yahaya Bello’s name not on property documents, EFCC witness tells court
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Case adjourned to March 6, 7 for continuation of trial
The Federal High Court, Abuja, on Monday, adjourned the money laundering case instituted by the Economic and Financial Crimes Commission against the immediate past Governor of Kogi State, Yahaya Bello, to March 6 and 7, 2025, for continuation of trial.
The court adjourned after the prosecution counsel, Kemi Pinheiro, SAN, called his two witnesses, one on subpoena.
When Pinheiro, SAN, called the first witness, Segun Joseph Adeleke, the Defendant’s Counsel, Joseph Daudu, SAN, objected, saying that the witness’ name was not included in the initial list of witnesses provided by the prosecution.
This, he said, could affect his cross-examination.
The trial, however, proceeded and the witness, who identified himself as the General Manager of Efab Properties Limited, was asked to tell the court what he knows about a property on 1, Ikogosi Road, Maitama and another one in Gwarinpa.
Adeleke told the court that the name of the former governor did not reflect on any of the two properties being examined on Monday and that he did not sight him throughout the transactions.
Giving an account of what transpired, he said sometime in 2020, his chairman, Chief Fabian Nwora, introduced him to a young man called Shehu Bello and that they had a discussion concerning the purchase of the property.
“We had a discussion concerning the purchase of the property in question. And he told me that the young man would be coming back to make payment for the property at an agreed price of N550 million,” he said.
When asked if he had seen Shehu Bello since that day, he said, “I saw him three times. The first time was for introduction, the second time for payment and the third time was when he brought a legal document for the execution of the EFAB property.”
The EFCC lawyer then mentioned another property at 5th Avenue in Gwarinpa and told the witness to tell the court what he knows about it.
Responding, the witness said the property was purchased by one Nuhu Mohammed for N70 million and was paid for through a bank transfer.
He was asked if he remembered which bank the money came from, but he said no.
On cross-examination, the defendant’s counsel, Daudu, SAN, asked if the witness’ actions were purely based on the instructions of his chairman. He responded, “Yes.”
The counsel further asked whether it was correct to say that he did not initiate any discussion with Shehu Bello on his own, to which he also answered, “Yes.”
On the documents signed for the transactions, the Defendant’s Counsel asked the witness if he could confirm that Shehu Bello signed his own part in his presence.
“He did not my Lord,” he answered.
Daudu, SAN, also asked: “Throughout this transaction, did you set eye on the defendant?”
“Not at anytime in the course of this transaction,” the witness responded.
He was also asked if the name of the defendant appeared anywhere on the documents he said were with the EFCC.
He, again, answered, “no!”
The Prosecution then told the court that they had another witness to call, on subpoena.
The Defendant’s Counsel objected that they were being taken by surprise but added that he had no intention of stalling the trial.
The second witness identified herself as Williams Abimbola, a compliance officer with the United Bank for Africa Plc (UBA).
She had the subpoena with her, which the lawyer sought to tender as evidence.
The Defendant’s counsel had no objection and it was marked “Exhibit 1”.
The witness read out the documents the subpoena asked for to include the statement of account of Kogi State Government House, from January 1, 2016 to January 31, 2024.
The statements of account of Maselina Njoku, from January 1 to December 31, 2022, were also admitted in evidence, including the account opening packages of American International School and statements of accounts, from September 1 to September 30, 2020.
Justice Emeka Nwite then adjourned to March 6 and 7, 2025 for continuation of trial.
News
Chief Ayo Adebanjo scheduled for Burial on May 4, 2025
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The family of late elder statesman and Afenifere leader, Chief Samuel Ayo Adebanjo, has announced the funeral arrangements for the revered nationalist, who passed away on February 14, 2025, at the age of 96.
According to the family, the burial ceremonies, scheduled to hold on Saturday May 4, 2025, will take place in Lagos and Ogun States.
In a statement sent to Ohibaba.com and signed by Ms Ayotunde Ayo-Adebanjo, the family said:
Following the passing of our patriarch, elder statesman and nationalist, Chief Samuel Ayodele Adebanjo (April 10, 1928 – February 14, 2025), the family hereby notifies you of the funeral activities:
1. Day of Tributes/ Service of Songs: Date: Wednesday, April 30, 2025 Venue: Harbour Point, Victoria Island, Lagos Time: 1:00 pm – 6:00 pm
2. Wake: Date: Friday, May 2, 2025, Venue: Pa Ayo Adebanjo’s Country Home, Isanya Ogbo, Ijebu Ode, Ogun State, Time: 4:00 pm – 6:00
3. Church Service/Final Burial: Date: Saturday, May 3, 2025, Venue: St Phillips Anglican Church, Isanya Ogbo, Ijebu Ode, Ogun State Time: 10:00 am – 1:00 pm
4. Thanksgiving: Date: Sunday, May 4, 2025 Venue: St Phillips Anglican Church, Isanya Ogbo, Ijebu Ode, Ogun State, Time: 10:00 am – 12:30 pm
We covet your prayers for the family and your professional support as wecontinue with the preparations to give him a most befitting burial. We alsolook forward to your esteemed presence at all the events.
Please accept the assurances of our highest regards.
News
BREAKING: Aiyedatiwa, Adelami sworn in as governor, deputy in Ondo
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Governor Lucky Aiyedatiwa of Ondo State and his deputy, Olayide Adelami, have been sworn in for a fresh four year term.
The Chief Justice of the state, Olusegun Odusola administered the oath to Aiyedatiwa and Adelami amid the presence of the people of the state and dignitaries who witnessed the event.
While taking the oath of office, the number one and number two citizens vowed to uphold the constitution, work within its dictates, and ensure the well-being of the people of the state.
The inauguration marks the takeoff of a new administration in Ondo State.
Present at the oath-taking event were the Governor of Lagos State, Babajide Sanwo-Olu, Governor of Ekiti, Abiodun Oyebanji, Minister of Interior, Olubunmi Tunji-Ojo, Minister of Youth Development, Ayo Olawande, among others.
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