Connect with us

Uncategorized

S’court dismisses suit filed by 16 govs challenging legality of EFCC

Published

on

Supreme Court
Spread the love

The supreme court has dismissed the suit instituted by 16 states of the federation challenging the constitutionality of the act establishing the Economic and Financial Crimes Commission (EFCC).

Delivering judgment on Friday, 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”.

The suit challenging the legality of the EFCC was initially filed by the Kogi state government. Subsequently, 15 states applied to join Kogi in the suit.

The states argued that the national assembly failed to adhere to section 12 of the 1999 constitution (as amended), which governs the incorporation of international treaties into domestic law, in the enactment of the EFCC Act.

They further maintained that domesticating a convention requires the approval of a majority of the state houses of assembly — based on the provisions of section 12 of the constitution.

They added that the procedure for domesticating the convention was bypassed in the process of passing the EFCC Act and similar laws.

They posited that the EFCC Act cannot be applied to states that did not consent.

The applicants had also challenged the powers of the Nigerian Financial Intelligence Unit (NFIU) and the Independent Corrupt Practices Commission (ICPC).

Advertisement

They sought a declaration that the “federal government, through the NFIU, lacked the power to issue any directive, guideline, advisory, or any instrument howsoever called for the administration and management of funds belonging to the state”.

They also sought a declaration that the “EFCC, NFIU, or any agency of the federal government cannot investigate, requisition documents, invite, or arrest anyone for offences arising from or touching on the administration and management of funds belonging to the state”.

In the days that followed, six states — Adamawa, Ebonyi, Anambra, Jigawa, Benue and Enugu — withdrew from the suit.

However, the seven-member panel of justices’ in their verdict on Friday, who dismissed the suit for lacking in merit.

“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,” Abba-Aji said.

“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.

Advertisement
“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.”

Advertisement

The apex court held that the NFIU guideline had not contravened the provisions of the constitution on the funds of states.

“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,” the court held.

“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 enacted 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.”

At the commencement of the ruling, the court dismissed all objections of the federal government against the suit filed by the states.

Abba-Aji said since the plaintiffs’ case was against the attorney-general of the federation and not any of the agencies mentioned, the supreme court can assume 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 court held.

Advertisement

“The AGF has locus standi to institute action against anyone and 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.”

Advertisements
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Uncategorized

Troops rescue 18 kidnapped victims, kill many criminals in Plateau

Published

on

Spread the love

No fewer than three septuagenarians and 15 other kidnapped victims have been rescued by Troops of the Three Division Nigerian Army and Operation Safe Haven in Plateau State.

Briefing newsmen about the latest developments in Jos, Operation Safe Haven Information Officer, Major Samson Zhakom, revealed that the rescue operation was carried out between the borders of Taraba and Plateau States while the rescued victims have been reunited with their families after profiling and documentation by relevant agencies.

Zhakom revealed that some of the criminals were apprehended with ammunition and firearms recovered during the counter-terrorism operations.

In a related development, Troops of Sector Five on Golden Peace Operations said they captured five bandits at a criminal hideout in the Tarangol In Bokkos Local Government Area of Plateau with several items recovered from the criminals which include fabricated rifles, rounds of 7.62 mm (special), cartridges and daggers.

Similarly, the troops intercepted bandits at Jannaret in Mangu local government area while attempting to cause mayhem in the general area.

He said the released victims have been reunited with their families after profiling and documentation by relevant agencies.

Also, troops of Sector Five on Golden Peace Operations said they captured five bandits at a criminal hideout in the Tarangol In Bokkos Local Government Area of Plateau with several items recovered from the criminals which include fabricated rifles, rounds of 7.62 mm (special), cartridges and daggers.

The troops intercepted bandits at Jannaret in Mangu local government area while attempting to cause mayhem in the general area.

Advertisement

The apprehended suspects will be handed over to the appropriate authority for prosecution while investigations are ongoing.

Advertisements
Continue Reading

Uncategorized

Alleged N12.3b fraud: EFCC to arraign Chairman of Honeywell Group, Otudeko, ex-First Bank MD, Onasanya

Published

on

EFCC arrests Edo Accountant General, others days to Obaseki’s handover
Spread the love

The Economic and Financial Crimes Commission will on Monday arraign the Chairman, Honeywell Group, Chief Oba Otudeko, over alleged N12.3bn fraud.

The suit also names a former Managing Director of First Bank, Olabisi Onasanya; an ex-Honeywell board member, Soji Akintayo and Anchorage Leisure Ltd as defendants.

In a suit marked: FHC/L/20C/2025, the anti-graft agency filed 13 charges against the defendants at the Federal High Court in Lagos, bordering on fraud and forgery among others.

They will be arraigned alongside, a former member of the board of directors of Honeywell Flour Mills Plc, Soji Akintayo and a company linked to Otudeko, named Anchorage Leisure Ltd.

All four were listed as defendants in the suit filed by an EFCC prosecutor, Bilkisu Buhari-Bala on Jan. 16, 2025.

According to the EFCC, the four committed the fraud in tranches of N5.2b, N6.2b, N6.150b, N1.5b and N500million, between 2013 and 2014 in Lagos.

In proof of the charge against the defendants, the EFCC intends to call representatives of First Bank including Cecelia Majekodunmi, Ola Michael Aderogba, Abiodun Olatunji, Raymond Eze, Abiodun Odunbola and Adeeyo David all of whom are expected to give evidence of the fraudulent misrepresentation of the Defendants and tender relevant documents.

The EFCC will also rely on the testimonies of representatives of Central Bank of Nigeria, representatives of Stallion Nigeria Limited and representatives of V-tech Dynamics Ltd.

Advertisement

Also included in the EFCC’s list of witnesses are one Farida Abubakar and Adaeze Nwakoby.

According to the Commission, the offences contravene Section 8(a) of Advance Fee Fraud and Other Fraud Related Offences Act 2006 and were punishable under Section 1 (3) of the same Act.

Count 1 of the charge says that Chief Oba Otudeko, Stephen Olabisi Onasanya, Soji Akintayo and Anchorage Leisure Limited between 2013 and 2014 in Lagos, within the jurisdiction of this Honourable Court conspired amongst yourselves to obtain the sum of N12,300,000,000.00 (Twelve Billion, Three Hundred Million Naira Only),from First Bank Limited on the pretence that the said sum represented credit facilities applied * for by V- Tech Dynamic Links Limited and Stallion Nigeria Limited, which representation you know to be false, and you thereby committed an offence contrary to Section 8(a) of Advance Fee Fraud and other Fraud Related Offences Act 2006 and punishable under Section 1(3) of the same Act.

In Count 2, it was alleged that the defendants, on or about 26th day of November, 2013 in Lagos, “obtained the sum of N5.2 Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V Tech Dynamic Links Limited which representation you know to be false.”

The 3rd count claims that the defendants, between 2013 and 2014 in Lagos, obtained N6.2 Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for and disbursed to Stallion Nigeria Limited, which representation you know to be false.”

County 4 reads, that you, Chief Oba Otudeko, Stephen Olabisi Onasanya, Soji Akintayo and Anchorage Leisure Limited on or about 26th day of November 2013 in Lagos, within the jurisdiction of this Honourable Court conspired amongst yourselves to use the total sum of N6,150,000,000,.00 (Six Billion, One Hundred and Fifty Million Naira Only.), which sum you reasonably ought to have known forms part of proceeds of your unlawful activities to wit: Obtaining by False Pretence and you thereby committed an offence contrary to Sections 18(a), 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.

Count 5 accuses Chief Oba Otudeko, Stephen Olabisi Onasanya, Soji Akintayo and Anchorage Leisure Limited on or about 11th day of December, 2013 in Lagos, procured Honeywell Flour Mills Plc to retain the sum of N1.5 billion, which sum you reasonably ought to have known forms part of proceeds of your unlawful activities to wit: Obtaining by False Pretence and you thereby committed an offence contrary to Section 18(c), 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.

Advertisement
Advertisements
Continue Reading

Uncategorized

BREAKING: Retired AIG’s wife kidnapped from her residence

Published

on

Retired AIG Hakeem Odumosu
Spread the love

The wife of retired Assistant Inspector General of Police, Hakeem Odumosu, has been kidnapped from her residence in the Arepo area of Ogun State.

The police confirmed that the abduction no occurred in the early hours of Friday when heavily armed men stormed her home and forcibly took her away.

Thr kidnappers shot sporadically into the air while carrying out the attack.

In response to the incident, the Ogun State Police Command has deployed operatives to secure her release and apprehend the perpetrators.

A police spokesperson stated that efforts are underway to gather intelligence and locate the victim, assuring the public of their commitment to ensuring her safe return.

This incident has sparked concern among residents of Arepo, a community known for its relative calm.

Advertisements
Continue Reading

Trending