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Supreme Court Dismisses Suit By 19 States Challenging Constitutionality Of EFCC, ICPC, NFIU
The Supreme Court, on Friday, dismissed the suit instituted by 19 states against the Attorney-General of the Federation, challenging the constitutionality of the Acts establishing the Economic and Financial Crimes Commission, EFCC, and two other anti-corruption agencies.
The plaintiffs had argued that the Supreme Court, in Dr Joseph Nwobike Vs Federal Republic of Nigeria, had held that it was a UN Convention Against Corruption that was reduced into the EFCC Establishment Act and that in enacting the law in 2004, the provision of Section 12 of the 1999 Constitution, as amended, was not followed.
They argued that, in bringing a Convention into the Nigerian law, the provision of Section 12 must be complied with.
According to them, the provision of the Constitution necessitated the majority of the states’ Houses of Assembly agreeing to bringing the Convention in before passing the EFCC Act and others, which was allegedly never done.
While delivering judgment on Friday, Justice Uwani Abba-Aji, who led a seven-member panel of justices, held that “the EFCC Act, which is not a treaty but a Convention, does not need the ratification of the Houses of Assembly”.
“Let me first look at the constitutional provision. The plaintiffs rely on Section 12 of the Constitution in their argument. Treaty is an agreement reached by two or more countries which has to be ratified.
“Convention: Conventions are agreed by a larger number of nations. Conventions only come into force when a larger number of countries agree.
“Therefore, the EFCC Act, which is not a treaty but a Convention does not need the ratification of the Houses of Assembly.
“A Convention would have been ratified by member states and the National Assembly can make laws from it, which will be binding on all the states in Nigeria as it is the case of EFCC Establishment Act,” the judge added.
The Supreme Court dismissed the suit in its entirety and resolved the case against the plaintiffs.
“In a country like Nigeria, the federating units do not have absolute power. The NFIU guideline is to present a benchmark and not to control the funds.
“Where an Act of law is made by the National Assembly like the NFIU and its guideline, it is binding on all. Any Act that has been competently enacted by the National Assembly cannot be said to be inconsistent.
“Where the National Assembly has enecated several laws on corruption, money laundering, etc, no state has the right to make laws to compete with it. The investigative power of the EFCC cannot be said to be in conflict with legislative powers of the State Assembly.
“I must agree with the AGF that the plaintiffs’ argument – that is, the Houses of Assembly of the plaintiff states – is not tenable in law,” the Supreme Court added.
The Court ruled that the NFIU guideline had not contravened the provisions of the Constitution on the powers of states to manage their funds, and resolved the issues against the plaintiffs.
All other judges agreed with the lead judgment, saying all the issues raised in the states’ suit had no merit “and are accordingly dismissed”.
The Court had earlier dismissed all objections of the Federal Government to the suit filed by the states.
Justice Abba-Aji said the plaintiffs case was against the Attorney-General of the Federation and not any of the agencies mentioned, hence, the Supreme Court has jurisdiction to determine it.
“Since the AGF is assumed to be the chief law officer of the federation, he is by all means the proper and necessary party.
“The AGF has locus standi to institute action against any one And the AGF can be sued in any civil matter against the government.
“It is clear that the Federal Government has legal tussle with the states based on the directive of the NFIU which the states are contending. The preliminary objection is hereby dismissed,” he ruled.
Reacting, the Counsel to Kogi State, Abdulwahab Mohammed, SAN, said, “This is an issue we have raised before the FHC, it was not addressed.
“We raised it at the Appeal Court and was not addressed. This is going to enrich our jurisprudence. We thank your lordship for hearing us out.”
Representative of the AGF, Rotimi Oyedepo, SAN, said, “We convey our gratitude to the court for your wisdom. Your lordship has permanently settled the legality of the anti-corruption agency in fighting corruption.”
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I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court
A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.
The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.
Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.
According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.
He said he subsequently took the money to the office of the then Director-General.
“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.
The witness explained that he collected the bag from his aide before entering the office.
“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”
The witness was initially a defendant in the case but later opted to testify for the prosecution.
While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.
According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.
He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.
“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.
During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.
When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”
After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.
The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.
Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.
They pleaded not guilty to the offences.
The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.
According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.
Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.
The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.
One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.
News
CBN Bars Chronic Loan Defaulters from Accessing New Banking Services
The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).
This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.
This order is specifically targeted at large-ticket obligors.
The CBN issued the directive in a circular to banks on Monday.
The latest instruction comes almost a week after the CBN asked financial institutions to stress test.
It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.
“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.
“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.
“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”
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Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju
Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.
Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.
He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.
“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.
“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?
“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.
“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.
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