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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).
Vice President Kashim Shettima has arrived in Addis Ababa, Ethiopia, for an official State visit at the invitation of the Prime Minister, Dr. Abiy Ahmed.
Upon arrival yesterday, Shettima was received at the airport by the Minister of Foreign Affairs of Ethiopia, Dr. Gedion Timothewos, and other members of the Ethiopian and Nigerian diplomatic corps.
Senior Special Assistant to the Vice President on Media and Communication, Stanley Nkwocha, revealed this in a statement he signed yesterday, titled: “VP Shettima arrives in Ethiopia for official state visit.”
During the visit, Vice President Shettima will participate in the official launch of Ethiopia’s Green Legacy Programme, a flagship environmental initiative.
The programme designed to combat deforestation, enhance biodiversity, and mitigate the adverse effects of climate change targets the planting of 20 billion tree seedlings over a four-year period.
In line with strengthening bilateral ties in agriculture and industrial development, the Vice President will also embark on a strategic tour of key industrial zones and integrated agricultural facilities across selected regions of Ethiopia.
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RSG Tasks Farmers On N4bn Agric Loan ….As RAAMP Takes Sensitization Campaign To Four LGs In Rivers
The Rivers State Government has called on the people of the state especially farmers to access the ?4billion agricultural loans made available by the State and domiciled in the Bank of Industry.
This is as the State Project Implementation Unit (SPIU) of Rural Access and Agricultural Marketing Project (RAAMP), a World Bank project, took its sensitization campaign to Opobo/Nkoro, Andoni, Port Harcourt City and Obio/Akpor local government areas.
The campaign was aimed at enlightening community dwellers and other stakeholders in the various local government areas on the RAAMP project implementation and programme activities.
The Permanent Secretary, Rivers State Ministry of Agriculture, Mr Maurice Ogolo, said this at Opobo town, Ngo, Port Harcourt City and Rumuodumanya, headquarters of the four local government areas respectively, during the sensitization campaign.
Ogolo said apart from the ?4billion, the government has also made available fertilizers and other farm inputs to farmers in the various local government areas.
The Permanent Secretary who is the Chairman, State Steering Committee for the project, said RAAMP will construct roads that will connect farms to markets to enable farmers and fishermen sell their farms produce and fishes.
He also said rural roads would be constructed to farms and fishing settlements, and warned against any act that will lead to the cancellation of the projects in the four local government areas.
According to him, the World Bank and Federal Government which are the financiers of the programme will not condone such acts like kidnapping, marching ground and other acts inimical to the successful implementation of the projects in their respective areas.
At PHALGA, Ogolo asserted that the city will benefit in the areas of roads and bridge construction.
He noted that RAAMP was thriving in both the Federal Capital Territory, Abuja; Lagos and other states in the country, stressing that the project should also be given the seriousness it deserves in Rivers State.
Speaking at Opobo town, the headquarters of Opobo/Nkoro Local Government Area, the project coordinator, RAAMP, Mr.Joshua Kpakol, said the programme would reduce poverty in the state.
According to him, both fishermen and farmers will maximally benefit from the programme.
At Ngo which is the headquarters of Andoni Local Government Area, Kpakol said roads will be constructed to all remote fishing settlements.
He said Rivers State is lucky to be among the states implementing the project, and stressed the need for the people to embrace it.
Meanwhile, Kpakol said at PHALGA that RAAMP is a project that will transform the lives of farmers, traders and other stakeholders in the area.
He urged the stakeholders to spread the information to their various communities.
However, some of the stakeholders at Opobo town complained about the destruction of their farms by bulls allegedly owed by traditional rulers in the area, as well as incessant stealing of their canoes at waterfronts.
At Ngo, Archbishop Elkanah Hanson, founder of El-Shaddai Church, commended the World Bank and the Federal Government for bringing the projects to Andoni.
He stressed the need for the construction of roads to fishing settlements in the area.
Also, a former Commissioner for Agriculture in the state and Okan Ama of Ekede, HRH King Gad Harry, noted that storage facilities have become necessary for a successful agricultural programme.
Harry also stressed the need for the programme to be made sustainable.
In their separate speeches, the administrators of Andoni and Opobo/Nkoro Local Government Areas, pledged their readiness to support the programme.
At Port Harcourt City, the Administrator, Dr Arthur Kalagbor, represented by the Head of Local Government Administration, Port Harcourt City, Mr Clifford Paul, said the city would support the implementation of the programme in the area.
Also, the administrator of Obio/Akpor Local Government Area, Dr Clifford Ndu Walter, represented by Mr Michael Elenwo, pledged to support the programme in his local government area.
Among dignitaries at the Obio/Akpor stakeholders engagement is the chairman, Rivers State Traditional Rulers Council and paramount ruler of Apara Kingdom, HRM Eze Chike Wodo, amongst others.
John Bibor
President Bola Tinubu has ordered the commencement of personnel audit and skill gap analysis across all cadres of federal civil servants.
The president gave this directive in Abuja, yesterday, while speaking at the International Civil Service Conference, reaffirming his resolve to achieve efficiency and professional service delivery in the civil service.
“I have authorized the comprehensive personnel audit and skill gap analysis across the federal civil service to deepen capacity. I urge all responsible stakeholders to prioritize timely completion of this critical exercise, to begin implementing targeted reforms, to realize the full benefit of a more agile, competent and responsive civil service,” the president announced.
Tinubu further directed all Ministries, Departments and Agencies (MDAs), to prioritise data integrity and sovereignty in national interest.
He called for the capture, protection and strategic publication of public sector data in line with the Nigeria Data Protection Act of 2023.
“We must let our data speak for us. We must publish verified data assets within Nigeria and share them internationally recognized as fruitful. This will allow global benchmarking organisation to track our progress in real time and help us strengthen our position on the world stage. This will preserve privacy and uphold data sovereignty,” Tinubu added.
President Tinubu hailed the federal civil service as the “engine” driving his Renewed Hope Agenda, and the vehicle for delivering sustainable national development.
He submitted that the roles of civil servants remain indispensable in modern governance, declaring that in the face of a fast-evolving digital and economic landscape, the civil service must remain agile, future-ready, and results-driven.
“This maiden conference is a bold step toward redefining governance in an era of rapid transformation. An innovative Civil Service ensures we meet today’s needs and overcome tomorrow’s challenges.
“It captures our collective ambition to reimagine and reposition the civil service. In today’s rapid, evolving world of technology, innovation remains critical in ensuring that the civil service is dynamic, digital” the President said.
Head of the Civil Service of the Federation, Didi Walson-Jack in her welcome address told the President that his presence and strong words of commendation at the conference has renewed the morale and mandate of public servants across the country.
Walson-Jack described Tinubu as the backbone of driving transformation in the Nigerian civil service, and noted that the takeaways from past study tours undertaken to understudy the civil service in Singapore, the UK and US under her leadership, is already yielding multiplier effects.
Walson-Jack assured Tinubu that her office, in collaboration with reform-minded stakeholders, will not relent in accelerating the implementation of the Federal Civil Service Strategy and Implementation Plan, FCSSIP 25.
She affirmed that digitalisation, performance management, and continuous learning remain key pillars in strengthening accountability, transparency, and service delivery across MDAs.
Walson-Jack reaffirmed that the civil service is determined to exceed expectations by embedding a culture of innovation, ethical leadership, and citizen-centred governance in the heart of public administration.