Law
Court restrains EFCC from arresting a SAN over his professional services
The Federal High Court, Abuja, last week granted an order against the EFCC for the “maintenance of status quo ante bellum as at 7th of February, 2022, in favour of the Applicant” (Prof Joseph Nwabueze Mbadugha, SAN), over matters “which he knows nothing about, or facts to the like effect, pending the hearing and determination of the substantive originating motion.”
Prof Mbadugha, SAN, had approached the court presided over by Hon Justice Inyang Ekwo, through his Counsel, Chief Mike Ozekhome, SAN, to restrain the EFCC from inviting, arresting, or detaining and keeping in custody, the Applicant over some frivolous allegations made against him concerning a case he handled and won for his client, Innoson Nigeria Ltd, from the High Court, through the Court of Appeal, and now at the Supreme Court. The appeal at the Supreme Court was at the instance of some Appellants, including Guaranty Trust Bank PLC (GTB), which had lost the in both lower courts.
Chief Ozekhome, SAN, argued before Justice Ekwo, that the EFCC does not have the legal competence to compel Prof Mbadugha to disclose the source of information regarding an affidavit filed during the proceedings in 2011, as that is unconstitutional, illegal, wrongful, overreaching and is capable of prejudicing the appeal at the Supreme Court.
He also argued that it was wrong for the EFCC, on the instigation of Guarantee Trust Bank PLC, and others, to serially invite Mbadugha, first on the 1st, then 7th and again on 21st February, 2022, for the purpose of forcing him to disclose the source of his information in an affidavit filed and argued in court in the course of his strictly professional duties.
Ozekhome complained that his client had earlier been detained between 11am and 6pm on the 1st of February, 2022, and told to report again on the 7th, and later, 21st of February, 2022.
By subjecting Prof Mbadugha to mental torture, with attempts at further arrest and detention, including unsolicited calls by the EFCC and its operatives, without any attempt at arraigning the Applicant before a court of law, Ozekhome argued that the actions are in clear breach of the Applicant’s fundamental human rights enshrined in section 35(1) of the 1999 Constitution and Articles 5 and 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.
Justice Ekwo therefore granted the order for maintenance of status quo ante bellum from 7th of February, 2022.
When the case came up on 25th February, 2022, the EFCC was represented by Attah Ochibi, while Martins Abang appeared for GTB. Maliki Sylvanus and Queen Umana held Chief Ozekhome’s brief the Applicant.
The Respondents agreed that the processes had been served on them, but requested for five days each to respond to same.
While granting the Respondent’s request, Justice Ekwo warned that none of the parties before the court must take any further steps in the matter, including inviting or re-arresting the Applicant. The court also granted accelerated hearing and subsequently adjourned the matter to 29th March, 2022, for hearing.
The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.
At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.
Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.
In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.
Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.
In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.
The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.
The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.
This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.
The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.
The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.
The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.
Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.
The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.
-
Crime1 year agoPolice nabs Killer of Varsity Lecturer in Niger
-
News10 months agoFCT-IRS tells socialite Aisha Achimugu not to forget to file her annual returns
-
Appointment1 year agoTinubu names El-Rufai, Tope Fasua, others in New appointments
-
News From Kogi1 year agoINEC cancells election in 67 polling units in Ogori-Magongo in Kogi
-
News From Kogi1 year agoEchocho Challenges Tribunal Judgment ordering rerun in 94 polling units
-
News1 year agoIPOB: Simon Ekpa gives reason for seperatists clamour for Biafra
-
Metro8 months ago‘Listing Simon Ekpa among wanted persons by Nigeria military is rascality, intimidation’
-
News10 months agoKingmakers of Igu/ Koton-Karfe dare Bello, urge him to reverse deposition of Ohimege-Igu