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.
President Bola Tinubu, yesterday in Abuja, swore in the sixth substantive chairman of the Independent National Electoral Commission (INEC), Prof. Joash Ojo Amupitan (SAN).
At the ceremony held at the State House Council Chamber, President Tinubu urged the new INEC Chairman to serve with integrity and beyond reproach.
“Your nomination and the subsequent confirmation by the Senate are a testament to your capacity and the confidence reposed in you by both the executive and the legislative arms of government.
“This significant achievement marks the beginning of a challenging, yet rewarding journey, and I trust that you will approach your responsibility with the highest level of integrity, dedication and patriotism,” the President said.
President Tinubu noted that the country had been on a path of democratic governance and learning since 1999, with notable achievements in the strengthening of various institutions.
“Our democracy has come a long way in 25 years. We have consolidated and strengthened our democratic institutions, particularly in electoral systems, through innovations and reforms.
“We have learned a great deal along the way and have improved significantly from where we were many years ago. We must now remain committed to the principles that underpin democracy in a complex and multifaceted society.
“The electoral process is a vital part of a democracy that grants the people the exclusive right to choose their leaders and shape their future. To ensure that our democracy continues to flourish, the integrity of our electoral process must be beyond reproach,” he added.
President Tinubu stated that the governorship election on November 8, 2025, in Anambra State will serve as a litmus test for the new leadership of the electoral commission.
“It is important that our elections are free, fair and credible. We must consistently improve our electoral process, addressing the challenges of yesterday and innovating for today and tomorrow.
“To maintain public trust in the election, electoral integrity must be protected. All aspects of the process – from registration to campaigning, the media access, voting and counting should be transparent, non–violent and credible.
“No electoral system is flawless, but since elections are vital to a nation’s future, it is essential to continually strengthen electoral institutions, ensuring that they are robust, resilient and safeguarded against artificial setback.
“I therefore charge you, Prof Amupitan, as you take on this important assignment to protect the integrity of our electoral process and strengthen the institutional capacity of INEC.
The swearing-in ceremony follows the Senate’s confirmation of the INEC Chairman’s nomination on October 16.
Amupitan succeeds Prof. Mahmood Yakubu, whose tenure as INEC Chairman ran from 2015 to 2025.
The 58-year-old academic outlined his plans to reform Nigeria’s electoral system, strengthen institutional independence, and rebuild public trust in the commission at the screening.
The new INEC Chairman will assume office immediately.
The House of Representatives yesterday urged the Federal Government, through the Ministry of Housing and Urban Development, to take urgent and decisive measures to curb the growing trend of arbitrary rent increases across the country.
The House, which described incessant rent increment as exploitative and detrimental to citizens’ welfare, took the resolution following the adoption of a motion on notice at Thursday’s plenary, sponsored by the member representing Calabar Municipal/Odukpani Federal Constituency, Cross River State, Bassey Akiba.
Recall that in May 2024, the House passed a similar resolution sponsored by Emmanuel Udo (PDP, Akwa Ibom), calling for rent control and landlords’ regulation within the Federal Capital Territory.
Udo’s motion advocated monthly rent payments and directed the House Committee on the FCT to propose measures to address excessive, reckless increments in rent by landlords.
Across the country, there are reports of a hike in rents, particularly in areas witnessing new government infrastructural projects such as roads and markets.
In the FCT, rents in some neighbourhoods have jumped from ?800,000 to ?2.5 million annually, for a two-bedroom flat; a development that has plunged many Nigerians into economic distress.
Akiba, while drumming support for the bill, argued that “The rise in the cost of living has made it increasingly difficult for families and businesses to meet rental obligations,” warning that “Unregulated rent increments threaten stability in the housing sector.”
While acknowledging landlords’ rights, he noted that tenants’ welfare must be equally protected to ensure fairness and economic balance.
Referencing Section 14(2)(b) of the 1999 Constitution (as amended), the lawmaker reminded his colleagues that the welfare and security of citizens constitute the primary responsibility of government.
He also cited the United Nations Habitat Agenda, which emphasises access to adequate and affordable housing as a basic human right.
Lawmakers present at the plenary voted in support of the motion when it was put to a voice vote by the Deputy Speaker, Benjamin Kalu, who presided over the session.
Consequently, the House urged the Federal Government to “Intensify efforts toward providing affordable housing schemes to ease pressure on the rental market and expand access to low-cost homes.”
It also directed the Federal Ministry of Housing and Urban Development to “Collaborate with state governments in implementing effective rent control policies, ensuring that public infrastructure development does not trigger unjustified rent escalations.”
The House also recommended that any rent review should not exceed 20 per cent of the existing rate, regardless of improvements in facilities.
Furthermore, the House mandated its Committee on Housing and Habitat to ensure compliance and submit a report within four weeks for further legislative action.
The newly sworn-in Chairman of the Independent National Electoral Commission, Prof. Joash Amupitan, SAN, has vowed to restore credibility and public confidence in the country’s electoral system, declaring his appointment as a “divine” call to serve the nation.
Speaking shortly after his inauguration by the President at the State House yesterday, Amupitan declared that his mission was clear — to deliver free, fair, and credible elections while deepening democratic values across the nation.
During his first official meeting with the commission’s directors, he stressed that achieving INEC’s mandate would hinge on teamwork, discipline, and integrity within the institution.
“Our mandate is clear, and what is it? To deliver free, fair, and credible elections that reflect the will of the Nigerian people. To achieve this, we must work together as a team,” he stated.
Addressing INEC staff and directors, the don pledged to uphold the highest standards of transparency and accountability.
“As we mark the beginning of the new chapter, I want to assure you of my commitment to upholding the highest standard of integrity, transparency, and discipline in all our operations,” he said.
Turning his attention to the upcoming Anambra State governorship election, the INEC chairman described it as a defining moment for the commission.
“The upcoming Anambra state governorship election is not just another electoral exercise. It represents a pivot opportunity for us to demonstrate our commitment to free, fair, and credible elections,” he declared.
“The eyes of the nation are upon us, and it is our duty to rise to that occasion.
“Credibility in our election is paramount, and we must ensure that every voter feels confident that their vote will count. Because that is a constitutional task. And let’s restore back the confidence of every voter that whenever there is an election, their vote will count,” Amupitan added.
The don also made staff welfare a central part of his agenda, acknowledging that the commission’s workforce plays a vital role in ensuring credible elections.
“For me, staff welfare is going to be my priority. We are going to be expecting so much from you, so your welfare is going to be a priority.
“We’ll work assiduously and tirelessly to ensure that our working conditions are conducive and that our staff are equipped with the necessary resources to excel,” the INEC chairman assured.
The chairman, accompanied by his wife, children, and senior officials from the University of Jos, expressed gratitude to his academic colleagues who celebrated his appointment.
“I was told that the whole university got shut down out of excitement. One of theirs is now given this very heckling and important responsibility of heading this commission at this time,” he said.
Despite the weight of his new responsibilities, he said he was ready for the challenge.
“The places I’ve gone to, including some national commissioners, they were saying, I don’t envy you. But let me say that I am excited about the journey ahead.
“Together, let us uphold the values of democracy and work tirelessly for the credibility of our elections,” the don said.
He concluded his remarks on a reflective note, describing his appointment as part of a divine plan.
“Maybe if I had a choice, I would say I would not come here. But from all the indications, I could see that God is moving in this country, and my coming is divine.
“If God says go, who are you to say I’m not going? I’m here because I have a role to play to ensure that a new Nigeria is born. And of course, you know, INEC has a very, very important role to play in this quest.
“God bless you all, and God bless the Federal Republic of Nigeria,” he concluded.