Law
FCT leadership backtracks, sets Tuesday to swear in chairmen, councilors
In compliance with the order of the FCT High Court, Kubwa, the Federal Capital Territory Administration (FCTA), has given the green light that it would inaugurate the newly-elected chairmen for the six area councils of the territory on Tuesday.
Three weeks earlier on May 18, 2022, the FCT High Court in Kubwa district suspended the swearing-in of the newly elected chairmen and the councillors, claiming they were entitled to an extra year based, according to him, on a provision of the Electoral Act 2022.
Justice Mohammed Ibrahim, who initially issued the order that stopped Minister Muhammad Bello from swearing the elected officials, on Thursday set aside the judgment given in favour of tenure elongation for the six FCT Area Council chairmen and their councilors elected in 2019 for a three-year tenure.
The new turn around was disclosed by the FCTA Permanent Secretary, Mr Olusade Adesola, when he addressed FCT youths who were protesting the delay of the inauguration on Friday in Abuja.
Adesola explained, ”The FCTA, at on Friday, June 10, received the Certified True Copy of the new judgement of the FCT High Court delivered by Justice Ibrahim Mohammed in respect of the subject matter.
“The court has set aside its earlier judgement delivered on Friday, May 13, granting a one-year extension of the outgoing chairmen and councilors of the six FCT area councils due to lack of jurisdiction.
“The judgement effectively cleared the way for the swearing in of the newly elected chairmen,” he said.
He indicated that as a law-abiding organisation, the FCTA would equally obey the new judgement, just as it had complied with the earlier one.
Adesola, therefore, said, ”the newly elected Chairmen, shall accordingly be inaugurated on Tuesday, June 14, 2022. Further details would be provided in due course.
“Residents are once again reminded that the FCT is a creation of law and all actions of the FCT Administration are guided by the rule of law and this case will not be an exception.
”The FCTA extends its appreciation to all stakeholders for their patience and support in this regard and enjoins all residents of the Territory to remain calm and law abiding in their daily activities.”
Earlier, some aggrieved FCT youths had barricaded the entrance of the FCTA Secretariat demanding the immediate inauguration of the area councils’ chairmen, in compliance with the court order.
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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