Law
Ministrrial screening: Fagbemi canvasses for the unbundling of EFCC, ICPC
The Ministerial Nominee for Kwara, Lateef Fagbemi has canvassed for the unbundling of the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other related offences Commission (ICPC).
His advocacy came while he was being screened as part of the last batch of 28 Ministerial Nominees sent to the Senate by President Bola Tinubu.
Tinubu had, on July 27, forwarded the list of 28 nominees for consideration and confirmation by the upper chamber.
Fagbemi, an accomplished lawyer and Senior Advocate of Nigeria (SAN), was responding to questions bordering on corruption.
He said: “Truth be told, you fight corruption, but at the same time, the way it’s bein fought in Nigeria leaves much to be desired. That is the truth.
“If I have my way, I will advise the President to unbundle, first of all, bring out ICPC and EFCC together and unbundle them.”
He said that investigation of criminal offenses should not be handled by the same body, adding that there must be a supervisory authority within the same system.
“If there is investigation, it is another body, prosecution is another body. It doesn’t augur well to ask the same authority to do investigation and come and do prosecution. That is when we have a problem.
“Investigation takes time especially in serious corruption cases. Are we prepared to wait.
“My take is that a situation should be created such as the one that happened when Hushpuppi was arrested.
“They had been trailing him for years. He didn’t know, and nobody would talk to him. But the day they said the time was up, he also knew that the time was up.”
The Kwara nominee also said that investigation should be thorough. “It shouldn’t be that when a given governor leaves office, let’s go, EFCC is investigating you. That is not the way to investigate criminal matters.”
“The anti-graft agencies, EFCC, and ICPC should be brought together and then unbundled. Investigation should not be handled by the same body.
“There must be a supervisory authority within the same system. If there is investigation, it is another body, and prosecution is another body.
“It does not augur well to ask the same authority to investigate and prosecute.
“We are also not patient enough. Investigation takes time, especially serious corruption cases.
“Investigation should be thorough. You can take time to prosecute. Do your investigation before arrest, not arrest before investigation.”
On disobedience to court orders, he said there is no government, especially the head who will want to joke with the judiciary.
“Where we have disobedience to court orders are between security agencies.
“My advice will be, in matters of law, the attorney general should be involved. DSS cannot be an island onto itself. EFCC cannot continue to behave as if there is no law. There is law.
“If you want to do investigation, you do investigation before inviting the accused person.”
“We can not say because we want to prosecute, then you brush aside the agelong tradition that has started before Adam and Eve.”
Law
EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned
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.
Law
Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership
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.
Law
Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality
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.
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