Politics
S’Court Scuttles Plot To Use EFCC To Malign, Defame Key Political Figures
The Supreme Court of Nigeria has ruled that Section 46 of the Economic and Financial Crimes Commission Act should be construed within the narrow confines of the United Nations Convention Against Corruption, the precursor to the establishment of the EFCC – to prevent illicit financial outflow from Nigeria.
The apex court, in a landmark judgment in Dr.Joseph Nwobike (SAN) Vs. Federal Republic of Nigeria, Appeal No. SC/CR/161/2020, told the anti-graft agency that its powers to investigate and prosecute financial crimes under Section 46 of the EFCC Act was not at large.
It held that the EFCC could not hide under its Act to usurp the functions of other law enforcement and prosecutorial agencies like the police, Office of Federal and State Attorneys General, Legal Practitioners’ Disciplinary Committee, and National Judicial Council (NJC), among others.
The court further held that in so far as those agencies were in place and for offences that had been clearly defined by penal and criminal codes; the EFCC had no business dabbling into such areas.
This landmark judgment comes on the heels of public outcry over what many have described as the excesses of the EFCC and its operatives vis-a-vis the limits of its powers.
There have been questions on why a federal agency would be exercising oversight powers on states under the guise of financial crimes, when each state has its penal and criminal codes dealing with such offences.
There are concerns about the principle of federalism, whether a case where a federal agency is probing into the finances of states is not an abridgment of federalism.
For instance, the apex court that held in Ehindero Vs. Federal Republic of Nigeria that EFCC derives its power from that of the Attorney General of the Federation (AGF), looked the other way when the issue of propriety of EFCC prosecuting former Governor Shehu Shema in respect of an offence committed in Katsina State, without the fiat of the Attorney General of Katsina State.
Lawyers have said that the Supreme Court has, by this judgement, corrected the anomalies of the past and restored constitutional order by reinforcing the prosecutorial powers of the AGF under Section 174 of the Constitution for federal offences and the powers of Attorneys General of the respective states under Section 211 of the Constitution.
The justices of the apex court must be commended for this show of courage in restoring constitutional order, Amos Olalere, an Abuja-based lawyer, said.
“EFCC has no role whatsoever in intra state pursuit of public officials or private contractors under the guise of fighting corruption. Their role as captured by the UN convention on fighting corruption, defined by the law establishing the commission, and as affirmed by the apex court, is to prevent illicit financial outflow from Nigeria,” he noted.
The tenure of the judgement is an indictment of EFCC and the supervising ministry that an agency set up to prevent outflow of money from Nigeria, abandoned its core mandate and got enmeshed in activities that are clearly outside its purview.
This judgement clearly calls for a total overhaul of the agency in order to position it to focus on and pursue the important task the agency was set up to do.
Politics
LP Crisis: Ex-NWC Member Dumps Dumps Abure Faction
Mr Ojukwu, who recently returned to the interim National Working Committee led by Senator Esther Nenadi Usman, noted that the party had 34 elected members in the House of Representatives, eight Senators, and 80 members at the state Houses of Assembly after the 2023 general elections.
“Now we lost all of them,” he said. “I don’t think we have as many as five members in the National Assembly.”
The former national officer of the LP talked to journalists in Abuja and said he chose to join the caretaker committee led by Senator Nenadi-Usman because they are now the officially recognized leaders of the Party.
“I chose to work with the caretaker committee to help save the Labour Party, for the benefit of the party. I also want to use this chance to ask my colleagues at the national, state, and local government levels to come together and help rebuild our party.
“Another election is around the corner. We lost everything we have. They have left to other political parties. So I’ll reach out to all my friends in the other group to get together and work on making this party stronger again.
“The caretaker committee has formed a reconciliation committee. Let’s come together and talk so that we can restore the first opposition political party in Nigeria.”
Mr Ojukwu, who was part of the Julius Abure’s group, said there are no more factions in the LP.
He added, “There is a court ruling, and since it is valid, the right people are in the correct positions.”
He urged Barr Abure and others to drop the legal cases they have filed because they are not helping the party.
“Litigations are killing political parties”, he said. “They’ve seen many political parties disappear because of legal battles, and the Labor Party is losing support every day, which makes me feel sad.”
Mr Ojukwu said he did not think joining the Senator Nenadi-Usman’s NWC was a betrayal of the Abure group, describing himself as “the oxygen” of that faction.
“I’m with this group because of the verdict. But I never betrayed anybody. Rather, I was betrayed,” he added.
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