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Supreme Court Bars EFCC From Prosecuting Govs For Corruption
Supreme Court has described as illegal, the prosecution by the Economic and Financial Crimes Commission (EFCC) of state governors who allegedly engaged in corrupt practices while in office.
The court, which also held that the EFCC has no power to look into the finances of state governments, removed the powers of the agency to prosecute a governor who stole money from his state and also barred the anti-corruption agency from investigating state governments’ contractors or anybody that was complicit in stealing or embezzlement of state money.
The ruling delivered last week by the apex court in Abuja, has therefore, given a reprieve to former Abia State Governor, Senator Orji Uzor Kalu; former Imo State Governor, Senator Rochas Okorocha; and other state governors that are currently under prosecution by the anti-graft agency for allegedly stealing their states’ money while in office.
A former Governor of Nasarawa State and the current National Chairman of the ruling All Progressives Congress (APC), Senator Abdullahi Adamu, is also being prosecuted by the EFCC over alleged illegal financial dealings and misappropriation of public funds.
Former President Olusegun Obasanjo’s administration established the EFCC in 2003, in response to pressure from the Financial Action Task Force on Money Laundering (FATF), which named Nigeria as one of 23 countries that were non-cooperative in the international community’s efforts to fight money laundering, fraudulent banking transactions, miscellaneous offences, advance fee fraud, and other criminal acts that were financial and economic in nature.
The agency also strives to put an end to any act that breaks the penal and criminal codes.
However, in the suit numbered SC/CR/161/2020 and filed by Joseph Nwobike, SAN, against the Federal Government, the Supreme Court held that the EFCC, being a creation of federal law, does not have the powers to prosecute offences that were not corruption cases, and that the only corruption cases it can investigate are cases involving the movement of cash from Nigeria to foreign countries and corruption cases involving federal finances.
The governors, according to the ruling, can only be prosecuted by the attorney general of the state or the Nigerian police, or any other agency that was covered by the Criminal Code, Penal Code, or any other law.
With this development, the EFCC can no longer cite Sections 12 to 18, and Section 46 of the EFCC Amended Act 2004 in the prosecution of all kinds of cases whether emanating from the state or Federal Government, as its powers are regulated by the global action against corruption as regulated by the United Nations conventions which Nigeria is a signatory to.
The ruling also forbids the Federal Government from using the EFCC to control the governors of a state, and also to persecute any politician that was not in its good book.
The ruling also gives states liberty to make their own laws to establish anti-corruption agencies to deal with corruption cases emanating in the states, though the Criminal Code and Penal Code have provisions that deal with corruption.
Also, the ruling voided the powers of the EFCC to prosecute some former governors who are placed on travel watch list and their children that are also being investigated for corruption.
By virtue of the Criminal Code Law of Abia State, the police or the attorney general of Abia State are now empowered to prosecute those former governors and their children for stealing Abia State money.
Also, in states like Imo State where the sitting governor believes that former Governor Rochas Okorocha stole from Imo State, the police can investigate Okorocha and prosecute him in the state High Court for stealing the state money, if the investigation reveals that he stole money.
However, the powers of nolleprosequi of the attorney general of the state under Section 179 of the Constitution of Nigeria 1999 and under the Criminal Code and Penal Code are still supervening and all-embracing.
EFCC, which Act was re-enacted in 2004, had docked a number of governors either at the end of their first term, the second term or were impeached over one corruption charge or the other.
By the time they completed their first and second tenures in office in 2003 and 2007, respectively, the anti-graft agency began to dock Joshua Dariye (Plateau), Jolly Nyame (Taraba), AbubakarAudu (Kogi), SaminuTuraki (Jigawa), Orji UzorKalu (Abia), AyodeleFayose (Ekiti), ChimarokeNnamani (Enugu), James Ibori (Delta), and Lucky Igbinedion (Edo), beginning with DiepreyeAlamieyeseigha (Bayelsa) in 2005.
Subsequently, BoniHaruna (Adamawa), RasheedLadoja (Oyo), and Michael Botmang (Plateau), AttahiruBafarawa (Sokoto), Ahmed Sani (Zamfara), Peter Odili (Rivers), AdamuAbdullahi (Nasarawa), Ibrahim Shekarau (Kano), DanjumaGoje (Gombe), IkediOhakim (Imo), SuleLamido (Jigawa), Timipre Sylva (Bayelsa), MurtalaNyako (Adamawa), Gabriel Suswam (Benue), Martin Elechi (Ebonyi), Obong Victor Attah (AkwaIbom), Gbenga Daniel (Ogun), Jolly Nyame (Taraba), Adebayo Alao-Akala (Oyo) followed.
Former governors that were marked for prosecution by other anti-graft agencies like the Independent Corrupt Practices Commission (ICPC) and the Code of Conduct Tribunal (CCT), include Senator BukolaSaraki, Senator Bola Tinubu, and ex-President Goodluck Jonathan (as the then governor of Bayelsa State).
This followed the resolve of the Joint Task Force empanelled by former President OlusegunObasanjo in June, 2006, comprising of ICPC, EFCC, CCB, the Department of State Services (DSS), and the Nigerian Police headed by Ribadu which named 15 former governors found to have breached the code of conduct for public officials and recommended them for prosecution in line with the Code of Conduct Bureau Act.
Those listed were James Ibori (Delta), Lucky Igbinedion (Edo), Ayo Fayose (Ekiti), BoniHaruna (Adamawa) Olugbenga Justus Daniel (Ogun), OlagunsoyeOyinlola (Osun), AdamuAliero (Kebbi), AtahiruBafarawa (Sokoto), Ibrahim SaminuTuraki (Jigawa), Ahmad Makarfi (Kaduna), Goodluck Jonathan (Bayelsa), ChimarokeNnamani (Enugu), AchikeUdenwa (Imo), Sam Egwu (Ebonyi), And Bola Tinubu (Lagos).
The Mayor of Housing, My-ACE China, has teamed up with a renowned hospital group in Port Harcourt, the Meridian Hospitals, which is in partnership with the Pilgrims Health Foundation, to carry out a one-day medical outreach last Tuesday.
The free treatment scheme took place at Oromenike Government Girls Secondary School in D-Line, Port Harcourt, with over 100 persons accessing free treatments, including free eye-glasses and booking for eye surgeries.
Other areas of treatment included general health consultations and treatment; blood pressure and sugar level testing; malaria testing and treatment; free prescriptions; preventive health talks focusing on hygiene, maternal health, and nutrition.
The scheme was conducted under the theme: ‘Bringing Healthcare to the Community.’
Newsmen who visited the venue of the scheme found that enthusiastic beneficiaries had thronged the area as early as 7a.m. After setting up, the medical team began attending to the patients.
Mr. Jerry Onwuso, a 63-year-old patient, who was first to see eye doctors and got eye glasses and drugs, told newsmen that he was pleased with the medical intervention.
He made it clear he did not pay any money to get all the treatments and glasses, and pleaded that the scheme be sustained.
Another patient, Loveth Sam, expressed satisfaction with the scheme and appealed to the sponsors to continue to increase the benefits.
Throwing some light on the scheme, Mr. China said he worked in Meridian Hospitals as a Lab. Scientist 19 years ago, but resigned because he could not bear to see patients struggling for life because they had no money to pay for treatment.
He said he came back to help extend free medical treatment to the less privileged.
Sources said China was always having issues with the hospital authorities when he would insist on critical patients being allowed to be treated first, with or without money.
Years later, China, who now goes by a brand name, the Mayor of Housing, returned to the Meridian Hospital headquarters to support free medical scheme.
He also went the next day to the headquarters of Meridian, after the one-day medical outreach, to give cash gifts and palliatives to workers he met when he worked there but had remained in service since he left.
He encouraged them to continue to give their all to humanity through the hospital. The Mayor of Housing called most of them by name and a cloud of emotions descended on them during the reunion.
Appreciating the gesture, the Founder and Chief Medical Director, Dr. Iyke Odo, said China had always manifested hard-work, ambition, and impulsive giving.
According to him, the then young bright boy was full of humanity, kindness, love, and made friends easily, adding that “not everybody that gives is a giver. The difference is that givers are given to give.”
Dr. Odo used the opportunity to call on governments to review Nigeria’s health insurance system and make it work in Nigeria to save lives.
He said it was sad watching critically sick persons abandoned because they did not have money for treatment.
He also condemned harsh tax and electricity tariffs whereby facilities like his now pay N12 million instead of N500,000 few years back.
He wondered why hospitals were being made to pay tariffs like oil companies, citing many other countries where medical facilities were placed on low rates and tariffs so they could charge moderate fees from patients.
The Renewed Hope Initiative in conjunction with the Rivers State Government has empowered 500 elderly citizens in Rivers State with financial support of N200,000 each.
The empowerment programme was part of activities to celebrate the third anniversary of the Renewed Hope Initiative Elderly Support Scheme RHIESS, a social investment policy initiated by the First Lady of the Federal Republic of Nigeria, Senator Oluremi Tinubu.
Speaking at the event which held at the Government House, Port Harcourt, recently, under the theme, ‘Finding Joy in Old Age,’ Senator Tinubu said the gesture which has become traditional since 2023 was a mark of gratitude in recognition of the invaluable contributions of the senior citizens to nation building.
The First Lady who was represented by the wife of the Rivers State Governor and State Coordinator of the Renewed Hope Initiative, Lady Valerie Fubara, said the scheme was to “support two hundred and fifty (250) vulnerable elderly citizens aged 65 and above in all the 36 states of the federation, the Federal Capital Territory, and veterans from the Defence and Police Officers’ Wives Association (DEPOWA) totalling 9,500 selected beneficiaries across the nation.
She urged the beneficiaries to engage in activities that will make them find joy in old age.
“I encourage you to continue playing your part by staying healthy and active, nurture both your body and mind through regular exercise and meaningful engagement,” Senator Tinubu advised.
On her part, Lady Fubara said the State Government through the magnanimity of the governor, Sir Siminalayi Fubara, has increased the beneficiaries of the programme from 250 to 500.
She restated the commitment of the State Government towards provision of social welfare and improving the standard of living of the elderly in the State.
Also speaking, the Executive Secretary, Rivers State Contributory Health Protection Programme (RIVCHPP), Dr Vetty Agala, said the State Government has through the Health4allrivers Initiative, introduced free medical care for senior citizens in the State, in line with the Renewed Hope Initiative.
