Law
ActionAid BOT calls for establishment of National Electoral Offences Commission
By Friday Idachaba
ActionAid Nigeria, an international Non-Governmental Organisation (NGO) has called on the Federal Government to establish National Electoral Offences Commission to prosecute and bring electoral law offenders to book.
The call was contained in a Press Statement issued by the Board of Trustees (BOT) of ActionAid Nigeria after a meeting to review the State of the Nation.
The statement signed by Lola Ayanda, Communications Coordinator of ActionAid Nigeria was made available to the News Agency of Nigeria (NAN) on Sunday in Lokoja.
According to the Organisation’s findings, vote trading has continued to feature in Nigeria’s elections and will remain to be so if perpetrators go unpunished.
“We therefore call for the establishment of the National Electoral Offences Commission to prosecute electoral offenders.
ActionAid added that the Independent National Electoral Commission (INEC)’s adhoc staff should be retrained on the electoral processes, especially on how to operate the Biometric Voters’ Accreditation System (BVAS).
The BOT urged INEC to take lessons from the Anambra State Governorship Election and re-evaluate its readiness for subsequent elections in Nigeria.
“There is need for the review and clean-up of the National Electoral Voters’ Register for citizens to ascertain the real number of eligible voters across the country”, it said.
The statement said that as an organisation working to end poverty, ActionAid Nigeria believes that the process of achieving its mandate required the functionality of every instrument of government.
“We have reviewed developments in government, politics, the economy and security during the last quarter, particularly as they affect vulnerable groups: women, children, Persons with Disabilities (PwDs), and youths.
“To reduce poverty, anti-corruption rhetoric should be matched with action. We call for strong institutions capable of independent interpretation and implementation of public policy objectives in Nigeria.
“Similarly, the anti-corruption fight should go beyond the focus on the politicians but also beam its light on the public servants and banks.
“Commensurate sanctions must be meted out to perpetrators of malfeasance and corrupt acts to serve as a deterrent to others as a way of forestalling the culture of wrongdoing in public offices.
“We call on the Federal Government to promptly implement all contents of the FGN/ASUU agreement. Government should declare a state of emergency on education to rebuild it and ensure that the children of the poor get quality education.
“Nigeria needs to tackle the growing construction of structurally distressed buildings that endanger Nigerians by cracking down on unscrupulous real estate developers.
“The Council of Registered Builders of Nigeria (CORBON), whose function is to establish and oversee the construction industry and coordinate its development must work with other critical stakeholders to ensure stricter measures to enforce regulation in the building and construction sector”, the statement added.
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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