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.
Niger Delta
PDP Declares Edo Airline’s Plan As Misplaced Priority
News
Oji Clears Air On Appointment Of 15 Special Advisers By Fubara
The Special Adviser on Political Affairs to the Rivers State Governor, Dr. Darlington Oji, has disclosed that about 15 Special Advisers to the governor were duly approved by the Rivers State House of Assembly before the current political crisis in the State.
Oji made the disclosure in a Television programme in Port Harcourt, recently, while reacting to issues surrounding appointments, the impeachment moves against the governor and his deputy, and allegations of financial mismanagement.
He clarified that the appointment of Special Advisers was carried out in strict compliance with constitutional provisions, and received the approval of the Rivers State House of Assembly under the leadership of the Speaker, Martins Amaewhule, before the crisis began.
According to the Special Adviser, the appointments did not require any further screening, countering claims that the governor violated due process in constituting his advisory team.
On the impeachment proceedings against Governor Siminalayi Fubara, and his deputy, Professor Ngozi Odu, Oji described the process as unfounded and lacking constitutional backing.
He said that several lawmakers who initially supported the impeachment move were now reconsidering their stance after discovering that the process had no legal basis.
Oji also attributed the impeachment plot to personal and political ambitions, saying it is not motivated by the interest or welfare of the people of Rivers State.
Speaking on the financial position of the State after the Emergency Rule, the Special Adviser disclosed that the governor met about ?600 billion in the state’s coffers upon assumption of office.
He explained that the availability of funds enabled the administration to continue governance smoothly without the need for a supplementary budget.
The governor’s aide also refuted allegations of financial mismanagement against the governor, and stressed that all allocations to lawmakers and constituency projects were transparently handled.
He maintained that the Fubara administration remained focused on development, stability, and good governance despite the political distractions in the State.
Oji expressed confidence that the impeachment moves would eventually be abandoned as legislators and the public become more informed, adding that the governor’s leadership has continued to reassure citizens and sustain political stability in the State.
King Onunwor
Politics
Rivers Political Crisis: PANDEF Urges Restraint, Mutual Forbearance
Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.
“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.
“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.
“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.
The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.
“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.
“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.
“We must now focus squarely on good governance and development of the state,” the Forum said.
PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.
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