News

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

Published

12 months ago

November 15, 2024

Charles Flames

176 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.”

International

Tinubu, Trump to Meet Soon Over Christian Genocide Claims

Published

14 hours ago

November 2, 2025

Charles Flames

20 Views

The special adviser to President Bola Tinubu on policy communication, Daniel Bwala, says the Nigerian leader and US President Donald Trump will meet “in the coming days” to discuss claims of Christian genocide in the country.

The statement follows Trump’s remark that the Nigerian government has ignored attacks on Christians, a claim that has sparked fierce debate.

Bwala highlighted the commitment of both leaders to combatting insurgency and terrorism.

The presidential aide said Trump has supported Nigeria by authorising arms sales, which Tinubu has effectively utilised in the fight against terrorism, yielding significant results.

Addressing the controversy over whether terrorists in Nigeria target only Christians or all faiths, Bwala said any differences in perspective would be resolved during the upcoming meeting, which could take place at the State House in Abuja or the White House in Washington.

News

Christians Genocide in Nigeria: Trump Threatens Military Action Against Islamist Terrorists

If we attack, it will be fast, vicious, and sweet, just like the terrorist thugs attack our CHERISHED Christians! WARNING: THE NIGERIAN GOVERNMENT BETTER MOVE FAST!”

Published

1 day ago

November 2, 2025

OhiBaba

26 Views

United States President Donald Trump said on Saturday that he has asked the US Department of War (Defence Department) to prepare for possible military action in Nigeria if the Nigerian government “continues to allow the killing of Christians.”

In a post on his Truth Social, Trump said the US government will also immediately stop all aid and assistance to Nigeria if Christian killings continue.

“If the Nigerian Government continues to allow the killing of Christians, the U.S.A. will immediately stop all aid and assistance to Nigeria, and may very well go into that now disgraced country, “guns-a-blazing,” to completely wipe out the Islamic Terrorists who are committing these horrible atrocities.

I am hereby instructing our Department of War to prepare for possible action.

If we attack, it will be fast, vicious, and sweet, just like the terrorist thugs attack our CHERISHED Christians! WARNING: THE NIGERIAN GOVERNMENT BETTER MOVE FAST!”, the post read.

President Trump’s threat is coming barely 24 hours after he directed that Nigeria should be designated as a ‘Country of Particular Concern’ over claims of Christians genocide.

The countries of particular concern are the nations the US finds have engaged in severe violations of religious freedom.

In a post on Truth Social Friday, Trump had said: “Christianity is facing an existential threat in Nigeria. Thousands of Christians are being killed. Radical Islamists are responsible for this mass slaughter.

I am hereby making Nigeria a “COUNTRY OF PARTICULAR CONCERN.”Nigeria’s President, Bola Tinubu, responded to the Christian genocide claim, declaring that Nigeria has constitutional guarantees to protect Nigerians of all faiths.

News

BREAKING: Anyanwu-Led PDP NWC Announces Counter-Suspension Of Damagum, Others

Published

2 days ago

November 1, 2025

Charles Flames

29 Views

The crisis rocking the Peoples Democratic Party (PDP) has expanded to another level, as the Senator Samuel Anyanwu–led National Working Committee (NWC) announced the counter-suspension of the party’s National Chairman, Umar Damagum, citing alleged incompetence, misappropriation of party funds, and pursuit of personal interests.

Ohibaba noted that those who were also suspended are the National Publicity Secretary, Debo Ologunagba, and the Deputy National Chairman (South), Taofeek Arapaja, among others.

According to Senator Anyanwu, all the suspended officers will be referred to the party’s disciplinary committee for further action.

The announcement by Anyanwu comes shortly after the PDP National Publicity Secretary, Debo Ologunagba, announced his suspension as the party’s National Secretary by the NWC.

Others suspended alongside Anyanwu are the National Legal Adviser, Kamaldeen Ajibade; Deputy Legal Adviser, Okechukwu Osuoha; and National Organizing Secretary, Umaru Bature for one month.

The suspension comes on the heels of the judgement of the Federal High Court On Friday, which stopped the party’s planned national convention.

Ologunagba had told journalists in Abuja on Saturday that the decision followed an emergency meeting of the national working committee, which was held in Abuja.

He noted that the suspended party officials have been referred to the National Disciplinary Committee.

He said that during this period of the suspension, they cease to function in their respective capacities.

According to him, in the case of the National Secretary, Pursuant to Section 36(2) of the PDP Constitution as amended in 2017, the Deputy National Secretary, Hon. Arc. Setonji Koshoedo shall act as the National Secretary.

He added that in the case of the National Legal Adviser and the Deputy National Legal Adviser, the National Director of Legal Services has been directed to oversee the activities of the Department.