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.

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.

The High Court in Apo, Abuja, on Monday briefly adjourned proceedings in the ongoing trial of Dr. Olu Agunloye, a former Minister of Power accused of accepting bribes connected to the long-disputed Mambilla Hydroelectric Power Project.
The Economic and Financial Crimes Commission (EFCC) is seeking to amend charges in a case that could influence Nigeria’s standing in an international arbitration battle with Sunrise Power Company.

The session began at 9:37 a.m., with the court acknowledging the EFCC’s request to adjust its accusations against Dr. Agunloye, originally alleging that he received N5 million in retroactive bribes in 2019 from Sunrise Power.
The antigraft agency’s move to revise its allegations, now claiming that the bribes were funneled through intermediaries may not be unconnected with the fact that previous testimonies failed to establish evidence of direct payments.
It would be recalled that on 21 October 2024, the prosecution (EFCC) sought to amend its charges that “Agunloye collected (retroactive) bribes, totalling N5m, in three instalments over a period of five months, from Sunrise Power Company between August and December 2019 for a contract awarded in 2003”.

Between 2004 and 2007, the Federal Government of Nigeria under President Olusegun Obasanjo promulgated that electricity power projects should no longer be by BOT contract but by outright procurement contract.
The then President went ahead and secured a huge grant of $16 billion from the Nigeria’s Excess Crude Oil Funds, moved all power projects in Nigeria from the Ministry of Power to the Presidency, and split the Mambilla power project into component parts.
The president then started to re-award the component parts as procurement contracts.

Between 2008 and 2015, the Presidency, under Alhaji Musa Yar’Adua, cancelled the component Mambilla contracts awarded by President Obasanjo and re-awarded the Mambilla Project back to Messrs, Sunrise Power Company.
However, between 2016 and 2019, under General Muhammadu Buhari, the Federal Government again re-awarded the same Mambilla project to yet another contractor. 
It is the recurring contract awards and re-awards that led Messrs Sunrise and FGN to the International Arbitration Panel in Paris, France, wherein the Federal Government of Nigeria resorted to an odious criminalisation strategy to evade being penalised for any wrongdoings. 

During the Nigerian trial of the former Minister Agunloye, EFCC produced its first prosecution witness in June 2024 who failed during cross examination to establish that Agunloye collected money from Sunrise Power Company as stated in Charges 5, 6 and 7 of the seven Charges levelled against the former Minister.
Subsequent to this demolition of EFCC allegations, the Prosecutor then sought to amend the bribery charges to “receiving bribes from Mr. Jide Sotirin on behalf of Mr Leno Adesanya on behalf of Sunrise Power Company”. 
Monday’s brief court session started at 9:37 a.m., with the judge noting that the defense had just received new filings from the prosecution.
The judge adjourned the case to November 14, 2024, when both sides will formally present their positions on the amended charges.
The ruling on this amendment could have far-reaching implications for both the trial and Nigeria’s international liabilities.

The hearing concluded at 9:45 a.m., marking a short yet significant development in one of Nigeria’s most closely watched cases.