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.
During a press conference held in Owerri, the coalition called the campaign a “dangerous and shameful display” designed to distract the public from the governor’s performance in office.
The CSOs directly linked the Greater Imo Initiative (GII) —the group that made the allegations on September 4, 2025—to Governor Uzodimma, describing the group as his “mouthpiece and attack dog.”
“Every word spoken against INEC was spoken on his behalf.
“By falsely alleging that Professor Yakubu has an alliance with Dr. Amadi to compromise the 2027 elections, Uzodimma has not only maligned a man of proven integrity but also assaulted the very foundation of our democracy”, said Dr Agbo Frederick, speaking for the coalition.
The coalition described Professor Yakubu as a “beacon of electoral professionalism” and called the attempt to soil his reputation “defamatory and a national security risk.”
They also defended Dr. Amadi, a “respected development scholar,” stating that the governor’s accusations were “laughable, desperate, and dangerous.”
The CSOs see the motive behind the campaign as an attempt to “silence the dissent, intimidate the opposition, and divert attention from the governor’s abysmal record in office.”
The coalition issued four key demands to Governor Uzodimma: An immediate retraction of the false and defamatory allegations against Professor Mahmood Yakubu and Dr. Chima Amadi.
- A public apology to both men within seven days, to be published in at least three national newspapers and broadcast on major television networks.
- An end to diversionary tactics and proxy propaganda.
- A renewed focus on governance, including addressing insecurity, unemployment, and poverty in Imo State.
The CSOs warned that failure to comply would force them to “review our position with a view to seeking legal redress from Governor Uzodimma for defamation, false accusation, and reckless endangerment of lives.”
“Governor Uzodimma must be reminded that he did not find himself in the seat of power to chase shadows.
“We call on all Nigerians to reject Uzodimma’s diversionary antics as they are nothing short of desperate plots by a government terrified of accountability”, the statement concluded.
In a statement signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the ADC expressed concern that preventing the senator from resuming her legislative duties violates democratic principles and disenfranchises her constituents.
“The suspension, having been imposed by the Senate and not a court of law, has lapsed. Any further attempt to prevent her from resuming is therefore both illegal and morally indefensible,” Mallam Abdullahi said.
The party noted that denying Sen. Akpoti-Uduaghan access to the chamber silences the voice of the people who elected her, adding that the withdrawal of her salary, aides, and office access during the suspension amounted to excessive punishment.
The ADC also criticised the Clerk of the National Assembly for declining to process her resumption on grounds that the matter was before the courts, arguing that the Clerk’s role was administrative, not judicial.
“Administrative caution must not translate into complicity. When the administrative machinery becomes hostage to political interests, the institution itself is diminished,” the party stated.
Highlighting that Sen. Akpoti-Uduaghan is one of only four women in the 109-member Senate, the ADC warned that the handling of the case sends a discouraging signal about gender inclusion in Nigerian politics.
“Any action that resembles gender intimidation of the few women in the Senate would only discourage women’s participation. Nigeria cannot claim to be a democracy while excluding half of its population from key decision-making spaces,” Mallam Abdullahi added.
The ADC insisted that Sen. Akpoti-Uduaghan be allowed to resume her seat immediately, stressing that the matter was about more than one individual.
“What is at stake here is not just one Senate seat, but the integrity of our democracy itself,” the party said.
