Connect with us

News

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

Published

on

69 Views

….. 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.”

News

Kogi Governor Commends President Tinubu over Abuja-Lokoja Road Reconstruction

The Governor also commended the Works Minister, Engr Dave Imahi for the quality of job on the road.

Published

on

By

22 Views

The Governor of Kogi State, His Excellency Alh. Ahmed Usman Ododo has commended President Bola Ahmed Tinubu for showing unparalleled commitment towards the completion of the Abuja-Lokoja road Reconstruction, saying his action has demonstrated his unwavering determination to fix the nation’s infrastructure deficit.

The Governor while inspecting a section of the road at Kotonkarfe in Kogi State said the President represents a “coalition of excellence”.

“This is our own coalition. This is what our President is doing and we are grateful to him. This is development”, he said.

The Governor also commended the Works Minister, Engr Dave Imahi for the quality of job on the road.

Continue Reading

News

JUST IN: Oluremi Tinubu Donates 1 Billion naira to victims of Yelwata attack

Published

on

37 Views

The Wife of the President Oluremi Remi Tinubu has donated the sum of one billion naira to victims of the horrific Yelwata attack in Benue State.

Oluremi Tinubu who announced the donation during her condolence visit to the state, described the killings as very unnecessary.

About 6 weeks after the heart wretching attack on Yelwata community of Guma local council of Benue State State Wife of the President Oluremi Tinubu visits to pay her condolence.

She proceeds to the new banquet hall of the Government house Makurdi where she meets with relevant stakeholders and makes a significant donation on behalf of council of the renewed hope agenda initiative.

Earlier State Governor Hyacinth Alia while appreciating the show of sympathy by the first family renewed his call for the establishment of State police.

Chairman State Council Of Chiefs the Tor Tiv Orchivirigh James Ayatse wants the killer terrorists flushed out of the State and neighbouring Nassarawa State.

He equally called for compensation for victims to rebuild their lives and return back to their ancestral homes.

Continue Reading

News

Lekki Airport: Residents Call for Compensation Ahead of Demolition

Published

on

45 Views

Residents of the Ajiwe community in Ajah, Lagos State, have appealed to Governor Babajide Sanwo-Olu to suspend the planned demolition of their homes for infrastructure projects until they receive adequate compensation.

The affected landlords and tenants claim their properties have been marked for demolition to make way for the Gas Link pipeline and Green Line Rail projects—key components of the new Lagos Airport under construction in Ibeju-Lekki.

Over the weekend, the residents staged a protest along the Abraham Adesanya Expressway, carrying placards with messages such as: “No Demolition Without Compensation,” “We Say No to Gas Link and Rail Project Demolitions Without Compensation,” and “Compensate Us First.”

Kehinde Alakoso, who spoke on behalf of the protesters, acknowledged the public importance of the projects but emphasized the need to account for the human impact.

“These projects may serve the greater good, but the government must also fulfill its legal and moral obligation to compensate displaced residents,” he said.

Alakoso added that formal letters had been submitted to Governor Sanwo-Olu, the Commissioner for Physical Planning and Urban Development, Dr. Oluyinka Olumide, and other relevant authorities in the state.

Continue Reading

Trending