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.
Minister of Works, Senator David Umahi, has directed his legal team to resume all court proceedings against Mrs. Tracy Ohiri over her repeated allegations of indebtedness and other claims against him.
Mrs Ohiri had publicly accused Senator Umahi of owing her N280 million for campaign materials from his tenure as party chairman in Ebonyi State.
The allegations went viral on social media, where she also accused the Minister of sexual harassment.
Security agencies arrested Mrs Ohiri, and she was subsequently prosecuted. Her lawyer, Barrister Marshall Abubakar, intervened, leading to the deletion of all posts and a public apology, which also gained widespread attention online.
However, days after the apology, Mrs Ohiri resumed her claims against Senator Umahi.
In a statement issued on Saturday by his Senior Special Assistant on Media, Francis Nwaze, Senator Umahi said he had informed Barrister Abubakar during the intervention that if Mrs Ohiri could provide verifiable evidence, logs, and communications from the period in question, some of his associates were willing to contribute a sum of One Billion Naira (N1billion) to her, evidence which, he said, she had yet to provide.
“The Honourable Minister of Works, Senator Engr. David Umahi, has been monitoring the ongoing public discourse surrounding the claims and counterclaims by Mrs. Tracy Ohiri.
“Ordinarily, this would have been ignored, but in the interest of truth and public clarity, it is necessary to address the issues directly”, the statement read.
The statement clarified that Barrister Abubakar acted in good faith and without any financial interest, motivated solely by a desire to assist Mrs Ohiri.
At no point did the lawyer discuss or negotiate any payment with the minister, although some well-meaning associates independently offered support”, the statement added.
Senator Umahi reiterated the conditions for resolving the matter: either the claims must be tested in court, or Mrs Ohiri must provide credible evidence, including all relevant communications, to substantiate her allegations.
The minister emphasised that Barr Abubakar conducted himself with integrity throughout the process.
“Following the failure to meet these conditions, particularly the inability to provide verifiable evidence, the Minister has directed his legal team to proceed with all court processes to ensure the truth is fully established,” the statement said.
Senator Umahi said despite years of public provocations and attacks, he chose to remain silent, focusing on national and state services.
He thanked Nigerians who had taken time to assess the facts and noted that “not everyone who presents themselves as a victim truly is one, and in some cases, narratives are deliberately inverted.”
The Minister affirmed that he will not be distracted by Mrs Ohiri’s allegations and remained committed to his mandate at the Ministry of Works.
“The focus remains on results, service, and ensuring that Nigerians continue to benefit from projects that improve connectivity, economic growth, and national development. This administration will continue to pursue its transformation agenda with dedication, transparency, and an unwavering sense of responsibility,” he concluded.
A Rivers State High Court sitting in Port Harcourt has adjourned proceedings in a suit filed by three aggrieved members of the Peoples Democratic Party (PDP) to April 14, 2026, for the hearing of all pending motions.
Justice Stephen Jumbo made the pronouncement during a recent sitting in Port Harcourt.
The suit, which borders on the legitimacy of the party’s leadership structure in the state, was instituted against the factional State Chairman of the PDP, Chief Aaron Chukwuemeka, alongside the Rivers State Independent Electoral Commission (RSIEC) and other respondents.
Also joined in the matter are the PDP as a corporate entity, the Rivers State Government, as well as Obio/Akpor, Port Harcourt City and Ogba/Egbema/Ndoni Local Government Areas, including their respective Vice Chairmen and Councillors.
The claimants, Enyi Uchechukwu, Wisdom Kalio and Uche Amadi, approached the court via an originating summons seeking judicial interpretation on the validity of actions taken by the Chief Chukwuemeka-led state executive committee of the party.
Central to the dispute is whether the said executive committee, whose emergence the claimants contend has been nullified by a subsisting court judgment, retains the legal authority to act on behalf of the party in critical electoral matters.
The plaintiffs specifically urged the court to determine whether the factional leadership could validly submit a list of candidates to RSIEC for the purpose of participating in local government elections.
They further questioned the legitimacy of the PDP’s participation in the August 30, 2025 local government elections, contending that any list purportedly submitted by the factional leadership was invalid and of no legal consequence.
In addition to the declaratory reliefs sought, the claimants also prayed the court to grant consequential orders addressing the outcome and conduct of the said elections across the affected local government areas.
At the resumed hearing, counsel representing the PDP and the affected local government councils informed the court that they had only recently been served with the originating processes and accompanying documents.
The defence team, comprising several Senior Advocates of Nigeria (SANs), disclosed that service of the court processes was effected on March 13, 2026, leaving them with limited time to adequately prepare their responses.
Consequently, the defence counsel applied for an adjournment to enable them study the processes and address the legal issues raised, particularly as they relate to jurisdictional questions and points of law.
Counsel to the claimants, Glory Chizim-Chinda, did not oppose the application, following which the presiding judge granted the request and adjourned the matter to April 14, 2026, for the hearing of all pending motions, with a possible ruling expected ahead of the substantive suit.
By: King Onunwor
A former state lawmaker in the old the Rivers State, Professor Alex Eseimokumo, has described Nigerian opposition political parties as mere preposition political parties.
He also advised the country’s electorate against selling their votes during next year’s general elections.
The former legislator, who is also the president of the Institute for Peace, Conflict Resolution and Entrepreneurial Research, said this in an exclusive interview with The Tide on the sidelines of an event organized by the institute in Port Harcourt.
He said opposition political parties in Nigeria have been reduced to preposition political parties as most of them are not only dinning with the government but advising government on what to do to win election.
“The problem in Nigeria is we are not practicing politics the way it is supposed to be.The opposition are more in preposition.
“You see, opposition is supposed to find out things that are wrong in government but in our present day politics, you see opposition even dinning with the other group. So, there is basically nothing like opposition in Nigeria “, he said.
He lamented a situation where some individuals within the opposition are allegedly working hard to prevent their parties from fielding presidential candidates in the forthcoming election, adding that such individuals were only there to protect their personal interest.
Prof. Eseimokumo said as a member of the All Progressives Congress (APC), he could not wish his party to fail in the election, even though nothing is impossible in Nigeria.
He noted that though the government in power has been trying it’s best, there was more to be done.
In his words, “I’m an APC member, so I don’t have the right to criticize my party but a word of advice: we still need to do more, more people oriented leadership where everybody will feel carried along.
“For now, I’m campaigning for APC to be re elected and if I stand here to say APC is not doing well, I’m not being fair to myself. But I think, with God all things are possible, there can be changes”.
On his assessment of the performances of governors of the Niger Delta states, Prof Eseimokumo said the governors were doing well within the limit of their resources.
” I don’t know what is given to them as allocation, but if what we are seeing in terms of window dressing is not window shopping, then they are doing well”, he said.
Meanwhile, Prof. Eseimokumo has advised Nigerian electorates against selling their votes during the forthcoming elections.
He said credible election could only be achieved when the electorates refuse financial inducement during the elections.
According to him, though Nigerian voters had been difficult to persuade, the time had come for them to stop selling their votes.
Prof. Eseimokumo said the forthcoming elections will serve as a litmus test for the Nigerian electorate to demonstrate their desire for changes in the country, stressing that free and fair elections will continue to be a mirage in the country until the was a change in the attitude of the electorate.
“If you want your vote to count, don’t take money from anybody; if you want your votes to count, don’t collect money for your vote. The moment you collect money for your vote, you have sold your conscience”, he warned.
He said his institute will continue to work for peace, not just in the Niger Delta region but across Nigeria.
By: John Bibor