Connect with us

News

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

Published

on

….. 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

Recall: Kogi Central Constituents thank INEC for recognising 208,132 signatures

Published

on

…….Says ‘it’s proof that Kogi Central has abandoned Natasha, Vow to proceed with recall, finetune process.

Constituents of Kogi Central Senatorial District have thanked the Independent National Electoral Commission for validating 208,132 (43.86 per cent) signatures in the petition submitted for the recall of the suspended lawmaker representing the District in the National Assembly, Senator Natasha Akpoti-Uduaghan.

The constituents, who are registered voters of Kogi Central, noted that, though they had mobilised more than the 50 per cent plus one threshold of registered voters and submitted their petition with full documentation, the validation of 43.86 per cent by the Commission still confirmed that Kogi Central constituents had abandoned the embattled Senator.”

Apparently, INEC canceled not less than 35,000 signatures at the administrative stage,” the constituents said, while reacting to a statement on the recall process issued by the electoral umpire.

In a statement on Thursday, signed by Salihu Habib, on behalf of the petitioners, the constituents insisted that there was no going back on their resolve to bring the Kogi Senator back home.

“We will liaise with INEC within the full ambits of the Constitution and regulations to demand for transparency in the handling of our petition.

We have utmost confidence in the Commission not to subject the recall process to ambiguity or administrative opacity,” the constituents said.

They expressed their gratitude to INEC for proving naysayers, who queried the authenticity of their figures, wrong.

“We thank INEC for making it clear that the bulk of the people of Kogi Central are behind us and that we did not import a crowd like a desperate, embattled lawmaker,” they said.

The petitioners insisted that the recall of Senator Akpoti-Uduaghan “for misconduct and divisiveness” was non-negotiable.

They said, “We are firm in our resolve to restore dignified and collaborative representation to Kogi Central Senatorial District.

We will no longer indulge someone who will do and say anything just to remain politically relevant.

“The whole of Nigeria watched her deceptive rally last Tuesday where she openly made comments capable of setting, not just Kogi State, but Nigeria ablaze.

“How can any patriotic Nigerian accuse other parts of the country of sabotaging Kogi State/the North because LNG plants are sited here?

How can a responsible Senator of the Federal Republic of Nigeria try to pitch the North against the South?”

“We will pursue all lawful and constitutional means to ensure our voices are heard and respected. After God, power belongs to the people,” the constituents declared.

Continue Reading

News

Massive Gridlock: FG reopens Independence Bridge in Lagos

Published

on

The Minister of Works, Senator David Umahi, has directed the immediate reopening of the Independence Bridge in Lagos to vehicular traffic.

The Federal Controller of Works in Lagos, Mrs. Olukorede Kesha, had earlier stated that the closure was for planned maintenance and rehabilitation.

She expressed regret for the inconvenience caused and appealed for public understanding.

The Federal Ministry of Works has clarified that necessary repairs on the bridge would be carried out at a later date.

The new instruction to reopen the bridge is ostensibly as a result of the gridlock caused by the closure which resulted in outcry by commuters since its closure on Tuesday, April 1.

Continue Reading

News

JUST IN: President Tinubu to Embark on Working Visit to Paris

Published

on

President Bola Ahmed Tinubu will depart for Paris, France, today on a short working visit.

This information was stated in a press release today, April 2, 2025 by Bayo Onanuga, the Special Adviser to the President on Information & Strategy.

Onanuga said during the President’s visit, he will appraise his administration’s mid-term performance and assess key milestones.

“He will also use the retreat to review the progress of ongoing reforms and engage in strategic planning ahead of his administration’s second anniversary”.

“This period of reflection will inform plans to deepen ongoing reforms and accelerate national development priorities in the coming year”.

“Recent economic strides reinforce the President’s commitment to these efforts, as evidenced by the Central Bank of Nigeria reporting a significant increase in net foreign exchange reserves to $23.11 billion—a testament to the administration’s fiscal reforms since 2023 when net reserves were $3.99 billion”.

“While away, President Tinubu will remain fully engaged with his team and continue to oversee governance activities. He will return to Nigeria in about a fortnight, the statement reads.

Continue Reading

Trending